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HomeMy WebLinkAboutORD 4496 Amends ORD 3175, 3853 Amended by 4675, 4792, 5129 I CITY OF RENTON, WASHINGTON ORDINANCE N0. 4496 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING CHAPTER 1, ABANDONED VEHICLES, OF TITLE VI (POLICE REGULATIONS) , AND CHAPTER 5, IMPOUNDMENT AND REDEMPTION OF VEHICLES, OF TITLE X (TRAFFIC) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF . RENTON, WASHINGTON" RELATING TO ABANDONED VEHICLES. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: - SECTION I. Sections 6-1-1, 6-1-2 .C, 6-1-2 .D, 6-1-3 .C, 6-1- 3 .E and 6-1-3 .F of Chapter l, Abandoned Vehicles, of Title VI (Police Regulations) , of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" are hereby amended to read as follows: 6-1-1: DEFINITIONS: The following definitions shall apply in the interpretations and enforcement of this chapter: A. ABANDONED VEHICLE: Any vehicle left unremoved within the limits of any street, highway or City property without permission of the City for a period of twenty-four (24) hours or longer, except that a vehicle shall not be considered abandoned if its owner or operator is unable to remove it from the place where it is located and so notifies the Chief of Police within said twenty- four (24) hour limit and requests assistance for such removal; further, provided, that an "abandoned vehicle" shall mean any vehicle left on the property of another, except City property, for any period of time without the consent of the owner or � person having possession or control of the real property. B. ABANDONED VEHICLE HULK or JUNK VEHICLE: The abandoned remnant or remains of a vehicle which is inoperative and cannot be ' � ORDINANCE N0. 4496 I�, made mechanically operative without the application of a I substantial amount of labor to effect repair, and which is parked, left, stored or retained on any street, highway, or property for any period of time. C. BUILDING OFFICIAL: The Building Official of the City of Renton or his authorized representative. D. CHIEF OF POLICE: The Chief of Police of the City of Renton or his authorized representative. E. INOPERATIVE VEHICLE: A vehicle which has not been moved from its location during the preceding six months and is incapable of being legally operated on a public highway for a distance of three hundred feet. F. LEGALLY OPERATIVE VEHICLE: For purposes of this chapter only, a legally operative vehicle is a vehicle which possesses valid license plates and registration, and is otherwise in compliance with the requirements of RCW Title 46. �� G. PARK or LEAVE: The halting of an unoccupied vehicle or I vehicle hulk. H. PERSON: Any person, firm, partnership, association, corporation, company or organization of any kind. I . PROPERTY: Any real property within the City or any City -property within or without the corporate limits which is not a street or highway. J. STREET or HIGHWAY: Every way, lane, alley, road, highway, boulevard, right of way or place in the City, including parkways and boulevards within or without the limits of parks, open as a matter of right to public vehicular travel . 2 � ORDINANCE NO. 4496 K. VEHICLE: A machine propelled by power other than human ' power designed to travel along the ground or rail by use of wheels, treads, runners or slides and transport persons or property or pull machinery and shall include, without limitation, automobile, truck, trailer, motorcycle, tractor, buggy, wagon or locomotive. , 6-1-2.C: Before the abatement or removal of such vehicle or vehicle hulk, notice shall be given to the last registered owner of record and real property owner of record that a public hearing may be requested before the Building Official of the City, and if no hearing is requested within ten ( 10) days, the vehicle or vehicle hulk_ will be removed and abated and the cost thereof assessed in accordance with this chapter. 6-1-2.D: If a request for hearing is received by the Building . Official a notice giving the time, location and date of such hearing on the question of the abatement and removal of such � vehicle or vehicle hulk as a public nuisance shall be mailed by certified or registered mail with a five (5} day return receipt I requested, to the owner of the real property as shown on the last equalized assessment roll and to the last registered owner and legal owner of record of such vehicle or hulk, unless the vehicle is in such condition that identification numbers are not available to determine ownership. , 6-1-3.C: Impoundment After Posted Notice: It shall be the ' duty of the Chief of Police to remove any abandoned vehicle or vehicle hulk, parked or left on any street, highway or City property as hereinabove defined after notice of infraction, I indicatirig his or her authority to impound, has been posted on the 3 � ORDINANCE NO. 4496 vehicle or vehicle hulk for a period of not less than twenty four '� (24) hours, and no claim has been made by the owner, or on his behalf, during the twenty four (24) hour posting period. Such vehicle or vehicle hulk shall be removed by any tow truck operator or as the City may otherwise determine, and in case of a tow truck � operator, such abandoned vehicle or vehicle hulk shall be stored at the established place of business of such operator and he shall � have a lien upon such vehicle or vehicle hulk for all services provided in the towing and storage of the same, and shall also have � a claim against the last registered owner of such vehicle or vehicle hulk for services provided in the towing and storage of the , same not to exceed the sum of one hundred dollars ( $100 . 00) , or as � otherwise provided in this chapter, or by state law. See also Renton Municipal Code section 10-5-2 . 6-1-3.E: Reporting Procedure: The tow truck operator, or if none, the Chief of Police, shall complete the required reporting and/or notifications as provided in section 46 . 90 . 345 RCW. 6-1-3 .F: Disposition and Sale: Disposition and sale of an abandoned vehicle or vehicle hulk shall be provided in sections 46 .55 . 120(4) RCW and 46 .55 . 130 or section 46 . 90 . 375 RCW. SECTION II. Sections 10-5-1, 10-5-2 .B. 1, 10-5-2 .B. 2, 10-5- 2 .B. 3 and 10-5-8 of Chapter 5, Impoundment and Redemption of Vehicles, of Title X (Traffic) , of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" are hereby to read as follows : 4 ORDINANCE NO. 4496 10-5-1: DEFINITIONS: A. APPROVED TOW COMPANY: Any person, firm, partnership, tow operator, association or corporation approved by the Renton Police Department. Approved tow companies must comply with all state laws, county ordinances, and any federal law including antitrust laws . B. IMPOUNDMENT: The removal of a vehicle to a storage facility either by an officer or authorized agent of the Renton Police Department or by an approved towing company for towing and storage in response to a request from an officer or authorized agent of the Renton Police Department. C. VEHICLES: As used in this chapter shall have the �definition set forth in RCW 46 . 04 and, in addition, shall include any vehicle hulk as the same is defined in Renton Municipal Code section 6-1-1 . 10-5-2.B.1: Such vehicle is left unattended on a public highway. 10-5-2.B.2: Such vehicle is abandoned, as defined in Renton Municipal Code section 6-1-1 . 10-5-2.B.3: Such vehicle is left unattended on private property not posted in accordance with RCW 46 . 55 . 070 . 10-5-8: ABANDONED VEHICLES : Any impounded vehicle not redeemed within fifteen ( 15) days of mailing of the notice required I by section 10-5-4 of this chapter shall be deemed abandoned; provided that, if the Renton Police Department has reason to believe that the owner of such impounded vehicle is in custody of the Renton Police Department jail, it shall be presumed that the 5 ORDINANCE NO. 4496 vehicle is not abandoned until after the prisoner has had an opportunity to be heard regarding the propriety of the impoundment and circumstances giving rise to such impoundment; provided further that, in the case of a vehicle impounded by order of a Renton police officer and held pursuant to police order, the fifteen ( 15) days shall not begin until forty eight (48) hours after the Renton Police Department shall have notified both the owner and the towing company in accordance with section 10-5-4 .0 that it has authorized the release of the vehicle. Any vehicle so determined to have been abandoned shall be deemed to be in custody of the Chief of Police. No tow truck operator shall sell or otherwise dispose of an abandoned vehicle regardless of its age unless he has first complied with the provisions of RCW 46 . 52 . 120 and 46 .55. 130 . In the case of failure to redeem an abandoned vehicle under RCW 46 .55 . 120 an officer shall send a notice of infraction by certified mail to the last known address of the registered owner of the vehicle. I SECTION III. Section 10-5-2 .A of Chapter 5, Impoundment and Redemption of Vehicles, of Title X (Traffic} , of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, �ashington" is hereby amended by adding the following subsections which read as follows : , 10-5-2.A.6: The vehicle is parked without authorization on � residential property. 10-5-2.A.7 : The vehicle is parked on private, non- residential property, properly posted under RCW 46 .55 . 070 . 6 � ORDINANCE NO. 4496 SECTION IV. This ordinance shall be effective upon its passage, approval, and thirty days after publication. PASSED BY THE CITY COUNCIL this 13th day of February , 1995 . Marilyn etersen, City Clerk APPROVED BY THE MAYOR this 1 ay of February , 1995 . Ear Clymer, Mayo Approve s to form: u�`'1�'t.��' La nce J. War , City Attorney Date of Publication: February 17 , 1995 ORD.406 : 2/1/95 :as . 7 CITY OF RENTON, WASHINGTON SUMMARY OF ORDINANCE NO. 4496 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING CHAPTER 1, ABANDONED VEHICLES, OF TITLE VI (POLICE REGULATIONS) , AND CHAPTER 5, IMPOUNDMENT AND REDEMPTION OF. VEHICLES, OF TITLE X (TRAFFIC) OF ORDINANCE NO. ' 4260 =-ENTITLED ' "CODE OF �GENERAL ORDINANCES OF THE CITY OF :`RENTON; WASHINGTON" RELATING TO ABANDONED VEHICLES. `::';THE CIT.Y :COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN _A� �EOLLOWS: SECTION I. Section 1 establishes definitions including ��hat of abandoned vehicle and abandon vehicle hulk or junk �ehicle, provides for notification of the last registered owner �befor.e abatement or removal of vehicles, establishes a right to a .he.�r_i�ng�_pr.i.or .to such abatement _or removal, permits impoundment of _ar�andone-d .vehicle or vehicle hulk left on any street, highway or _ C.ity property after notice, and establishes a procedure for reporting the removal, disposition and sale of the abandoned vehicle or vehicle hulk. Section II establishes certain definitions, establishes a procedure for mailing of notice concerning any impounded vehicle before that vehicle shall be deemed abandoned, and adds to the criteria permitting impoundment of certain vehicles from private property. SECTION II. A full text of this ordinance will be mailed, without charge, upon request to the City Clerk. Date of publication: February 17 , 1995 ORD. 430 :2/9/95 :as .