HomeMy WebLinkAboutReg 2004-06-07 Item 7A - Ordinance - Junk Vehicle Regulations ......................... Initials ......................... ITEM NO.
Meeting Date5/2 4/04Prep~y M~'s review Cofincil [qview
6/7/04
CAS Number: 04-074 [ Original Agenda Date: May 24, 2004
Agenda Item Title: Proposed changes in junk vehicle Ordinance
Original Sponsor: Council Admin. DCD
Timeline:
Sponsor's Summary: The proposed Ordinance will address the issue of junk vehicles on private property, and
provides the City with the ability to recover removal cost from either property owner or
vehicle owner, and to utilize the Tax Assessor's office for such recovery, if necessary.
Recommendations:
Sponsor: Adopt Ordinance
Committee: CAP has unanimously recommended adoption.
Administration: Same as Sponsor
Cost Impact (if known): None
Fund Source (if known): Quicker method of recovery costs of abatement.
Meeting Date Action
5/24/04 Discussed at COW; forwarded to 6/7 Re~. MtG. for final a~ion_
Meeting Date Attachments
5/24/04 5/5/04 Memo from Jack Pace
Draft of adopting Ordinance
April 13, 2004 Community and Parks Committee Minutes
6/7/04 Ordinance in final form.
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City of Tukwila
Washington
Ordinance No.
sd AN ORDINANCE OF THE QTY COUNCIL OF THE QTY OF TUKWILA,
WASHINGTON, ESTABLISHING NEW REGULATIONS REGARDING
JUNK VEHICLES AND THE IMPROPER STORAGE OF VEHICLES;
REPEALING ORDINANCE NO. 1370 §1 (PART) AS CODIFIED AT TMC
9.32.040 AND 9.32.050; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, improper storage or disposal of junk vehicles creates blight depresses
land values, generates health hazards, damages the environment including numerous
species of fish and wildlife, and provides breeding areas for pests such as rodents, honets
and mosquitoes; and
WHEREAS, each of these circumstances constitutes an emergency affecting the
public's health, safety and economic interests; and
WHEREAS, the City of Tukwila seeks to vest immediate authority in its Code
rig::; Enforcement Officer and his or her designee to impound junk vehicles that pose a threat to
health and safety; and
WHEREAS, the State legislature has expressly granted cities the power to abate junk
vehicles as public nuisances pursuant to Title 46, Chapter 55, Section 240(2) of the Revised
>;%1::.. Code of Washington;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Regulations established. New regulations regarding junk vehicles and the
improper storage of vehicles are hereby established, to read as follows:
CHAPTER 8.24
r. 3 JUNK VEHICLES AND IMPROPER STORAGE OF VEHICLES
Sections:
fJ' 8.24.010 Definitions
8.24.020 Storage of Junk Vehicles Prohibited
8.24.030 Violation Notification Process
8.24.040 Hearing
8.24.050 Order of the Hearing Examiner— Violation
8.24.060 Monetary Penalty
8.24.070 Recovery of Costs and Penalties —Liens
8.24.080 Repeat Violators
8.24.010 Definitions
As used in TMC Chapter 8.24, the following definitions shall have the meanings set
forth below:
1. "Approved durable uniform surface" is a durable uniform surface approved
for the storage of vehicles by the City of Tukwila s Public Works Department.
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2. "Code Enforcement Officer' is Tukwila s Code Enforcement Officer or his or
her designee as set forth in TMC 8.45.040, or an officer of the Tukwila Police
Department.
3. "Hearing Examiner' is that person authorized by TMC Chapter 2.76 to hear
appea and other matters as set forth therein, or his or her designee.
4. "Junk vehicle' is a vehicle that meets three or more of the following
requirements:
a. Is three years old or older;
b. Is extensively damaged, such damage including, but not limited to, any of
the following: a broken window or windshield, or missing wheels, tires, motor, or
transmission;
c. Is apparently inoperable;
d. Is without valid, current license plates or is unregisterecl; or
e. Has an approximate fair market value equal only to the approximate value
of the scrap in it
"Junk vehicle° also includes a partially disassembled vehicle or individual
parts of vehicles no longer attached to one another.
5. "Repeat violator" is a person, entity or agent thereof, who has received a Civil
Infraction Citation, a Notice of Violation, or any combination thereof for the same
property two times within one calendar year
8.24.020 Storage of Junk Vehicles Prohibited
It is unlawful for any person to keep, store or park, or permit any other person to
keep, store or park, any junk vehicle upon any privately -owned property in the City of
Tukwila. This ordinance shall not apply to:
1. A junk 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 property;
or,
2. A junk 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 pursuant to the Revised Code of Washington Title 46,
Chapter 80, Section 130.
8.21030 Violation Notification Process
A two-tiered system of enforcement is authorized pursuant to TMC Chapter 8.24.
The Code Enforcement Officer is authorized to use either system of enforcement in its
discretion, and nothing in TMC 8.24.030 shall require the Code Enforcement Authority
to proceed under a particular system.
1. The Code Enforcement Officer is authorized to issue and serve a Civil
Infraction Citation pursuant to TMC 8.45.050C or a Notice of Violation pursuant to.
TMC 8.45.050D upon reasonable belief that a violation of one or more provisions of
TMC Chapter 8.24 has occurred.
2. The Civil Infraction Citation or Notice of Violation shall be issued to the
property owner of record upon which land, as shown on the last equalized assessment
roll, a vehicle deemed to be in violation of TMC Chapter 8.24 is located; and to the last
registered and legal owner of record of such vehicle, unless the vehicle is in such
condition or location that identification numbers are not available or accessible by the
Code Enforcement Officer to determine ownership.
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3. The Civil Infraction Citation or Notice of Violation shall be delivered by
mailing a copy of the Civil Infraction Citation to such person at his /her last known
address as determined by the Code Enforcement Officer.
4. A Civil Infraction Citation shall contain substantially the following informa-
tion:
a. The name and address of the person to whom the citation is issued;
b. The location of the subject property by address, or other description
sufficient for identification of the subject property;
c. A description of the vehicle and its location;
d. Instructions for requesting a contested hearing or mitigation hearing before
the Municipal Court, and a statement that if any of the persons to whom the Civil
Infraction Citation is issued wish to contest the violation or request a mitigation
c hearing, they must request that hearing pursuant to said instructions;
e. A statement that if the persons to whom the Civil Infraction Citation is
issued fail to respond, fail to appear at the hearing, or, in the case of a contested
hearing, fail to demonstrate at the hearing that the citation should not be sustained, the
Court shall impose fines pursuant to TMC 8.24.060; and
f. A statement that the owner of the land upon which the vehicle is located
may provide a written statement in time for consideration at the hearing and deny
responsibility for the presence of the vehicle on the land, with his or her reasons for the
denial, as provided in TMC 8.24.040.
5. A Notice of Violation shall contain substantially the following information:
a. The name and address of the person to whom the Notice of Violation is
issued;
b. The location of the subject property by address or other description
sufficient for identification of the subject property;
c A description of the vehicle and its location, and the reasons for which the
City deems it to be a public nuisance in violation of TMC Chapter 824;
d. A statement of the corrective action that the Code Enforcement Officer
believes necessary to comply with the provisions of TMC Chapter 8.24, and a date by
which compliance is required in order to avoid further enforcement action by the Code
Enforcement Officer;
e. A statement that if any of the persons to whom the Notice of Violation is
issued wish to contest the Notice of Violation, they must request a hearing before the
Hearing Examiner pursuant to TMC 8.24.040;
f. A statement that if the persons to whom the Notice of Violation is issued fail
to complete the c .e action and provide notice of same to the Code Enforcement
Officer by the date for compliance specified in the Notice of Violation, fail to appear at
the hearing, or fail to demonstrate at the hearing that the Notice of Violation should not
be sustained, the City or its designee shall remove, impound and dispose of or sell the
vehicle, and will assess all costs of administration and removal against the owner of the
property upon which the vehicle is located or otherwise attempt to collect such costs
from the owner of the vehicle; and
g. A statement that the owner of the land upon which the vehicle is located
may provide a written statement, in time for consideration at the hearing, and deny
responsibility for the presence of the vehicle on the land with his or her reasons for the
denial, as provided in TMC 8.24.040.
Junk Vehicles 6/3/04
824.040 Hearing
A hearing on a Notice of Violation shall be held before the Hearing Examiner in
accordance with the provisions set forth in TMC 8.45.090, and the Hearing Examiner
shall have the same powers as set forth therein. The time limit for an appeal of a Notice
of Violation is ten days as set forth in TMC 8.45.090A. If a request for a hearing is
received, a notice giving the time, location and date of the hearing shall be mailed, by
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 vehicle's Last registered and
legal owner of record, unless the vehicle is in such condition that identification numbers
are not available to determine ownership. The owner of the land on which the vehicle
is Located may appear 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 or her reasons for the denial. If it is determined at the hearing that the
vehicle was placed on the land without the consent of the landowner and that he /she
has not subsequently given consent without protest in the presence of the vehicle, then
the Hearing Examiner shall not 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 property owner.
8.24.050 Order of the Hearing Examiner— Violation
The decision issued by the Hearing Examiner shall be issued and sent to the
persons named in the Notice of Violation pursuant to TMC 8.45.0900. Thereafter,
violation of TMC Chapter 824 shall constitute a misdemeanor, and a separate
misdemeanor shall be committed for each day that an order is violated.
8.24.060 Monetary Penalty
The monetary penalty for the first and second Civil Infraction Citation issued
pursuant to TMC Chapter 824 shall be assessed in the amounts set forth in TMC
8.45.100A.1. The monetary penalty for violation of the Notice of Violation issued
pursuant to TMC Chapter 824 shall be assessed in the amounts set forth in TMC
8.45.100A2(a). Payment of a monetary penalty pursuant to TMC Chapter 8.24 does not
relieve the person(s) to whom the civil infraction citation was issued of the duty to
correct the violation or preclude the City from taking action to abate the situation as
provided herein. The monetary penalty constitutes an obligation of the person(s) to
whom the Civil Infraction Citation or Notice of Violation is issued. Any monetary
penalty assessed must be paid to the City within fifteen calendar days of the effective
date of the violation's Hearing Examiners order.
8.24.070 Recovery of Costs and Penalties —Liens
A. After a Notice of Violation or Notice of Repeated Violation has been served
pursuant to TMC 8.24.030C, a hearing shall be held if requested by the violator or
pursuant to TMC 8.24.080. If the violation is sustained during the hearing, or where no
hearing is requested, or the violator fails to appear at the hearing, a junk vehicle shall be
removed by a registered disposer pursuant to TMC 932.100, and disposed of at the
request of the Code Enforcement Officer. The Code Enforcement Officer shall provide
notice to the Washington State Patrol and the Washington State Department of
Licensing if the vehicle has been disposed of.
B. After a Civil Infraction Citation has been served pursuant to TMC 824.030C, a
hearing shall be held before the Municipal Court. If the violation is sustained during
the hearing, or the violator fails to appear at the hearing, a fine shall be imposed
pursuant to TMC 8.24.060.
C. 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, or the costs may be
assessed against the owner of the property on which the vehicle is stored, subject to
TMC 824.070E.
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D. The impounding of a vehicle shall not preclude charging the violator with any
violation of the law through which such vehicle was impounded.
E. The City is authorized to take action to collect the monetary penalty, including
filing civil actions or turning the matter over to collection, in which case costs incurred
by the City as a result of the collection process shall be assessed to the violator in
addition to the monetary penalty. Any such assessment shall be offset by the amount
received by the City for sale of the junk vehicle or improperly stored vehicle, if any.
F. In addition to, or in lieu of, any other State or local provisions for the recovery
of costs or penalties incurred or assessed under TMC Chapter 8.24, the City Treasurer
may, pursuant to RCW 35.80.030(1)(h), certify to the King County Treasurer an
assessment amount equal to the cost of removal of the junk vehicle and /or any
associated penalties and collections to the tax rolls against the property for the current
year, and the same shall become a part of the general taxes for that year to be collected
at the same time and with interest at such rates and in such manner as provided for in
RCW 84.56.020. The assessment certified by the City Treasurer shall be offset by the
amount received by the City for sale of the junk vehicle, if any.
8.24,080 Repeat Violators
If a person is a repeat violator as defined in TMC 8.24.010, the Code Enforcement
Officer shall issue a Notice of Repeated Violation, A Notice of Repeated Violation shall
be issued and served as provided in TMC 8.24.030C, but need not include a description
of the corrective action necessary to eliminate the violation or a date by which the
corrective action must be completed to avoid a hearing before the violation's Hearing
Examiner. The Notice of Repeated Violation shall notify the person receiving the notice
that due to the repeat nature of his /her violations, the Code Enforcement Officer shall
seek an order from the Hearing Examiner, at the date and time set forth in the citation,
granting any and all relief to which the City is entitled under TMC Chapter 8.24.
Section 2. Repealer. Ordinance Na 1370 §1 (part), as codified at TMC 932.040 and
932.050, is hereby repealed.
Section 3. Severabilfty. If any section, subsection, paragraph, sentence, clause or
s phrase of this ordinance or its application to any person or situation should be held to
be invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 4. Effective Date, This ordinance or a summary thereof shall be published
in the official newspaper of the City, and shall take effect and be in full force five days
a'> r after passage and publication as provided by Iaw.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a
Regular Meeting thereof this day of 2004.
Al 1 EST /AUTHENTICATED:
Steven M. Mullet, Mayor
Jane E. Cantu, CMC, City Clerk
Filed with the City Clerk:
APPROVED AS TO FORM BY: Passed by the City Council:
Published:
Effective Date:
Office of the City Attorney Ordinance Number:
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