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HomeMy WebLinkAboutCOW 2004-05-24 Item 3E - Ordinance - Junk Vehicle RegulationsO COUNCIL AGENDA SYNOPSIS ......................... Initials ......................... ITEM NO. Meeting Date .Prepare~Y Mayor's review Cou~ncil r, ?view 5/24/04 S/~ ~ ~'~ ] )~ )/'7' 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 l~ate Action 5/24/04 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 GCity ofTukwila. · Steven M. Mullet, Mayor DePartment of Communt~y Development Steve Lancaster, Director MEMORANDUM TO: Mayor Steve Mullett FROM: Jack Pace, DCD Deputy Director~ SUB J: Proposed Changes in Junk Vehicle Ordinance DATE: May 5, 2004 In response to Council and citizen input, Code Enforcement staff has also been working with Tukwila Police Department to address concerns regarding our current City ordinances for junk vehicles. While the new Property Maintenance Code does address junk vehicles in Section 302.8, "...no inoperative or unlicensed motor vehicle shall be parked, kept or stored on any premises, and no vehicle shall at any time be in a state of major disassembly, disrepair, or in the process of being stripped or dismantled..." City staff are recommending adoption of an Ordinance which will specify in greater detail, the requirements and related penalties for Tukwila residents regarding junk vehicles. The changes we are proposing more clearly charge Code Enforcement with the authority to regulate the presence of junk vehicles on private property. The Police Department continues to regulate junk vehicles on public right-of-way. In addition: · The.notification process is specified. Notification is to be made to both the property owner and the vehicle owner, if they can be identified.~ · The hearing and appeal process for the notification is specified. The Hearing Examiner · handles appeal heatings. · The monetary penalty amount has not been changed. · Language has been added to permit the recovery of costs of removal and penalties against the property owner OR against the vehicle owner. The property owner can be assessed through the Tax Assessor's office. · "Repeat Violators" are defined and the process for corrective action is outlined. · Civil citations through Tukwila Municipal Court are an alternative method of fining violators. Process has not changed. 6300 Southcenter Boulevard, Suite #100 · Tukwila, Washington 98188 · Phone: 206-431-3670 * Fax: 206-431-3665 Junk VehiCle Ordinance May 5, 2004 Page 2 The proposed changes in our junk vehicle ordinance will provide Code Enforcement with better tools and greater enforceability in reducing the number of "hulks" and eyesores on private property. In addition, the new ordinance specifies a method that can be utilized to recover costs associated with abatement of junk vehicle violations on private property and that can be assessed against the property owner and/or vehicle owner. Such process can include filing a tax lien which is attached to the property. Recommendation On April 13, 2004, the Community Affairs and Parks Committee reviewed the draft ordinance and has unanimously recommended adoption of the Junk Vehicle Ordinance. If the Council would like a public hearing, such hearing could take place in early June and based on public comments, adoption could take place at a subsequent meeting. If no such hearing is held, adoption could take place at the May 17, 2004 Council meeting. A copy of the draft Ordinance is attached. (Attachment A F ci J L- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ESTABLISHING NEW REGULATIONS REGARDING JUNK VEHICLES AND THE IMPROPER STORAGE OF VEHICLES; REPEALING ORDINANCE Na 1370 §1 (PART) AS CODIFIED AT TMC 9.32.040 AND 9.32.050; PROVIDING FOR SEVERABILTTY; 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, hornets is and mosquitoes; and WHEREAS, each of these circumstances constitutes an emergency affecting the publics health, safety and economic interests; and WHEREAS, the City of Tukwila seeks to vest immediate authority in its Code Enforcement Officer and his or her designee to impound junk vehicles that pose a threat to health and safety; and N 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 Code of Washington; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWII.A, 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 JUNK VEHICLES AND IMPROPER STORAGE OF VEHICLES Sections: 8.24.010 Definitions 8.24.020 Storage of Junk Vehicles Prohibited 8.24.030 Violation Notification Process 8.24.040 Hearing r' ±s 8.24.050 Order of the Hearing Examiner— Violation 8.24060 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 Junk Vehicles 521/04 2. "Code Enforcement Officer" is Tukwila's Code Enforcement Officer or his or her designee as set forth in TMC $.45.040, or an officer of the Tukwila Police Department. 3. "Hearing Examiner" is that person authorized by TMC Chapter 2.76 to hear appeals 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 extensive) damaged, such damage including, but not limited to, any of :1 Y g g Yr Y the following: a broken window or windshield, or missing wheels, tires, motor, or transmission; !SjJff c. Is apparently inoperable; d. Is without valid, current license plates or is unregistered; 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. Vii 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, r'r 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. 8.24.030 Violation Notification Process A two-tiered system of enforcement is authorized pursuant to TMC 8.24. T'> 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 824 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. Junk Vehicles 521/04 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 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 E 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 824.040. 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 8.24; 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 824.040; f. A statement that if the persons to whom the Notice of Violation is issued fail to complete the corrective 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 't' 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 824.040. Junk Vehicles 521/04 5.24.040 Hearing A hearing on a Notice of Violati 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 Hs 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 845.090C. 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 8.24 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 8.24 shall be assessed in the amounts set forth in TMC 8.45.100A.2.(a). Payment of a monetary penalty pursuant to TMC Chapter 8.24 does not f civil i i relieve the person(s) to whom the cvnraction citation was issued of the duty tY 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 Examiner's order. r,. 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 9.32.100, 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. -:z- 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 %ks? 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 4612.101, or the costs may be assessed against the owner of the property on which the vehicle is stored, subject to TMC 8.24.070E. Junk Vehicles 521/04 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 penalites 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 TMC 8.24.0300, but need not include a description of the corrective action necessary to eliminate the violation or a date by which the cy:';n 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 No 1370 §1 (part), as codified at TMC 9.32.040 and 9.32.050, is hereby repealed. Section 3. Severability. If any section, subsection, paragraph, sentence, clause or 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 of emainin portions o this ordinance or its application to any other gP P P Y person or situation. P 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 after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2004. ATTEST /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: 5 Junk Vehicles 521/04 Community and Parks Committee April 13, 2004 ., . Present: Pam Linder, Chair; Joe Duffle, Dave Fenton Nick Ofivas, Don Tomaso, Bob Benedicto, Joyce Trantina, Kathy Stetson, Steve Lancaster, Bruce Fletcher, Paul Surek, Lucy Lauterbach 1. International Building Code Adoption Bob Benedicto is the Building Official, and he discussed how the City has been using the 1997 Building Code as it was the last one adopted by the State. The new International Building Code (IBC) was adopted by the State after a committee the mayor served on recommended it over another version of building code. The Committee asked why only 44 states were adopting the IBC. Bob said the initial code should be adopted without amendments, though later the City can make some changes in local code if they are more strict than the IBC. He went through with the Committee the effects the new code will have on our codes. Kathy and Joyce then went through three other codes that will supplement the IBC. The first was · the Nuisance and Housing section, relating to trash, weeds, graffiti, and landscaping requirements. Kathy said the new language will allow her to require private landowners to clean up graffiti on their property. The Committee approved of those additions. (~ A second new section addressed Junk Vehicles. The provisions in the civil code are vague, and would be replaced by language that defines what a junk vehicle is, and would deal with the proliferation of junk vehicles on private property. Joe asked if the City would enforce the regulation, and Steve said not all, but many cars that need to be removed, would be under these new provisions. The Committee asked that the definition of a junk vehicle be included when this issue goes to Council. A third section addressed where cars and trailers can legally be parked on a property. This section would prevent cars from parking on front lawns, requiring instead an approved durable surface, which would be defined. Pam wanted to know what Sea Tac did when they passed a similar change last year. Kathy said it was likely they would educate people about this · - requirement for a year befOre they started charging people With removin~ vehicles. Pam L .... pointed out there is a house in her neighborhood that does not have a driveway due to the narrow · .. width of the property (many properties in AllentownfDuwamish are narrow but deep). This person cannot park in a driveway and would be subject to removal. She did not support this portion of the proposed changes as they are now. The Committee wanted to know if there wa enough,interest in this last proposal. If so,they would send it back to Committee for further work. Recommend IBC~ Nuisance~ Junk Cars~ and Improper Parking Issues to COW, with one member not yet aereein~ to suoDort the Improper Parking section. 2. Ratification of Designating Downtown Auburn as a an Urban Center The Growth Management Policy Committee (GMPC) recommended adoption of Aubum's proposal to add its downtown as an urban center. Although they don't meet thc requirements, they, like Tukwila, will work to achieve those goals for population, housing and jobs: ~Recommend Auburn proposal for an Urban Center designation to. COW for approval.