Loading...
ORD 06-534CITY OF FEDERAL WAY Office of the City Clerk ORDINANCE DISTRIBUTION FORM ORDINANCE NO.: 06 -534 — REMOVAL OF JUNK VEHICLES ❑ Council Bill No.: 414 I� F' st Reading: 10 -03 -06 Second/Enactment Reading: 10 -17 -06 CONFORM AS TO DATES /SIGNATURES Filed with City Clerk: 09128106 per/ Passed by City Council: 10117106 per/ Publication Date (ordinances only): 10121106 Jd' Effective Date: 11120106 EMAIL O NANCE SUMMARY TO FEDERAL WAY MIRROR FOR PUBLICATION Date emailed: 10118106 DISTRIBUTE CONFORMED COPIES TO THE FOLLOWING: �ty Clerk's Ordinance/Resolution Binders City Attorney - (ordinances & resolutions) 2--rederal Way Municipal Court - (ordinances 6n1y) DISTRIBUTE CONFORMED COPIES WHEN APPLICABLE: ❑ CD ❑ CD -Bldg ❑ CD- Planning ®'CD- Code Enforcement - ❑ PW ❑ PW -SWM ❑ PW -Traffic ❑ PW - Streets - ❑ MS ❑ PARKS ❑ Fire District ❑ Lakehaven Utility Dist - DISTRIBUTE CERTIFIED COPIES TO: ❑ Codifier (Code Publishing) - (ordinances only) Emailed on: ❑ MR (Andrew Darby) - (ordinances & resolutions) ❑ 'ng County (LeRoy Knopp) - LAND USE /ZONING ONLY - (ordinances only) Other: Public Safety Division, ORDINANCE NO. 1% -53z) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING ARTICLE V, CHAPTER 15 OF THE FEDERAL WAY CITY CODE TO PROVIDE FOR THE REMOVAL OF JUNK VEHICLES ON PUBLIC RIGHTS OF WAY AND PRIVATE PROPERTY. WHEREAS, maintaining junk vehicles in residential areas is currently unlawful as public nuisances under the Federal Way City Code, subjecting violators to civil or criminal penalties; and WHEREAS, law enforcement officers and code enforcement officers enforce the junk vehicle provisions of the Federal Way City Code as public nuisances and can only remove such vehicles using abatement proceedings which are time consuming and costly; and WHEREAS, there are no efficient provisions regarding the removal or impoundment of junk vehicles on private property; and WHEREAS, since 2000, code compliance officers have received nearly 400 complaints strictly regarding junk vehicle; and WHEREAS, Council finds that the public would benefit by the speedy and efficient removal of junk vehicles which are public nuisances; and WHEREAS, RCW 46.55.240 as it exists or is hereafter amended, provides the City Council may enact ordinances establishing efficient, cost effective and more timely procedures for the removal of junk vehicles or parts thereof as public nuisances from public rights of way and private property; and ORD #-9(1 '53 V , PAGE 1 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. A new section is added to Chapter 15, Article V, Motor Vehicles, of the Federal Way City Code to read as follows: 15 -141. O Junk or junked vehicles are declared public nuisances under FWCC 22 -1 and 22 -952 (2) Junk vehicles may be impounded provided the following notice and hearing_ procedures are fulfilled: (a) At least fifteen days prior to impoundment notice shall be provided to the propert y owner of record, and sent to the vehicle's last registered owner of record if the vehicle's owner's identity can be determined and that person is different from the property owner. The notice shall provide that a hearing may be requested and that if no hearing is requested the vehicle will be removed. This notice may be contained in the notice of violation If the owner or occupier of the property hinders the City from ascertaining the owner of the vehicle the owner of the propert y shall be presumed to be the owner of the vehicle-, (b) If a request for a hearing is received a notice giving the time location and date of the hearing on the question of abatement and removal of the vehicle or part thereof as a public nuisance shall be mailed, by regular mail and certified mail with a five -day return receipt requested, to the owner of the land as shown on the last equalized assessment roll and to the last registered and legal owner of record of the vehicle unless the owner cannot be determined This hearing may be held in the same manner and at the same time as an appeal of the notice of violation under FWCC 1 -19• (c) This section shall not apply to (i) a vehicle or part thereof that is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private grope or (ii) a vehicle or part thereof that is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler or licensed vehicle dealer and is fenced according to RCW 46.80.130 as it exists or is hereafter amended; (d) The owner of the land on which the vehicle is located maygppear in person at the hearing or present a written statement in time for consideration at the hearing and deny responsibility for the presence of the vehicle on the land with his reasons for the denial If it is determined at the hearing that the vehicle was placed on the land without the consent of the and owner and that he has not subsequently acquiesced in its presence then the local agency shall not ORD # Q - 53�1 , PAGE 2 -3 assess costs of administration or removal of the vehicle against the property upon which the vehicle is located or otherwise attempt to collect the cost from the owner of the property (e) After notice has been given of the intent of the City to dispose of the vehicle and after a hearing if requested has been held the vehicle or part thereof shall be removed at the request of a law enforcement officer or a code enforcement officer with notice to the Washington state patrol and the department of licensing that the vehicle has been wrecked (3) At least fifteen days after an unVpealed notice of violation under FWCC 1 -17 is issued or at least fifteen days after the final decision on an appealed notice of violation any junk or Junked vehicle or part thereof as defined by FWCC 22 -1 and/or 22 -952 and encompassed by the notice of violation is subject to summary impoundment at the direction of a law enforcement officer or code enforcement officer. A law enforcement officer or code enforcement officer may take custody of such vehicle at his or her discretion and provide for its prompt removal to a place of safety. An impoundment under this section shall not be considered an abatement under FWCC 1 -21 nor subject to its provisions. (4) A warrant to enter the property and impound any vehicles shall not be required to impound vehicles that are visible from outside of the property and accessible from normal access routes from the public right of way, including but not limited to those vehicles on or adjacent to driveways and not behind closed gates. (a) A judge of the Municipal Court of the City of Federal Way, upon a proper oath or affirmation showing compliance with the section and probable cause that a junk or junked vehicle is present on a property, shall have power to issue a warrant directed to a state or local official authorizing the official to enter the property oipound the vehicle (b) A warrant shall issue only upon application of a designated officer or employee of a prosecuting or regulatory authority supported by declaration or affidavit made under oath or upon sworn testimony before the judge and establishing_ probable cause for the issuance of the warrant and particularly describing the property and the vehicle or vehicles to be impounded For purposes of this section, probable cause exists if there is reasonable cause to believe that a junk or Junked vehicle is present upon the particular property to be entered. (c) If the judge is satisfied that the standard for issuing a warrant has been met the judge shall issue the warrant. The warrant must particularly describe the property and the vehicle or vehicles to be impounded. d) A warrant issued pursuant to this section must be executed and returned within ten days unless, upon a showing of a need for additional time the period is extended or renewed by a judge upon a finding that such extension or renewal is in the public interest A copy of the warrant and a receipt for any property seized pursuant to the warrant shall be given to the person whose property is entered or if the person is not at the property, the copy shall be left in or on the property that was ORD # IOL- Q , PAGE 3 entered or from which property was taken. The return of the warrant shall be promptly made accompanied by a written inventory of any property taken. (e) A copy of the return shall be attached to the warrant and filed with the clerk of the court. (5) Costs of removal may be assessed against the registered owner of the vehicle if the identity of the owner can be determined unless the owner in the transfer of ownership of the vehicle has complied with RCW 46.12. 101 as it exists or is hereafter amended or the costs may be assessed against the owner of the property on which the vehicle is stored (6) A registered disposer under contract to the City for the impounding of vehicles shall comply with any administrative regulations on the handling and disposing of vehicles Section 2. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. Section 3. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 4. Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage and publication, as provided by law. PASSED by the City Council of the City of Federal Way this /74— day of &6� , 2006. CITY OF FEDERAL WAY ORD # �� 53`� , PAGE 4 ATTEST: dime CgY CLERK, LAURA H THAWAY, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: 9aP /G PASSED BY THE CITY COUNCIL: PUBLISHED: In�ai�a� EFFECTIVE DATE: 111a0lD(, ORDINANCE NO. 196 -J39t K: \ord\2006 \junk impound ordinance 2 Revised ORD # I%- Ste, PAGE 5 `-) - 0