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)
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❑ CD ❑ CD -Bldg ❑ CD- Planning ®'CD- Code Enforcement -
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DISTRIBUTE CERTIFIED COPIES TO:
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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
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