Loading...
HomeMy WebLinkAboutOrd 2045 - Junk Vehicles and Improper Storage Cover page to Ordinance 2045 The full text of the ordinance follows this cover page. Ordinance 2045 was amended or repealed by the following ordinances. AMENDED REPEALED Section(s) Amended Amended by Ord # Section(s) Repealed Repealed by Ord # 1 (part) 2549 wise`. J 190 i1i y s 's T City o Washington Ordinance No. 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 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, hornets 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 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 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 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 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. "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. -1- A111k Vehicles 6/7/04 2. "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. 3. "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 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. 4. "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. 8.24.030 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. Junk Vehicles 6/7/04 2 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 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 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 8.24.040; 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 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 6/7/04 3 8.24.040 Hearing A hearing on a Notice of Violation shall be held before the Hearing Examiner in accordance with the provisions set forth in TNIC 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 8.45.090C. Thereafter, violation of TMC Chapter 8.24 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 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 Examiner's 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 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. B. After a Civil Infraction Citation has been served pursuant to TMC 8.24.030C, 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 8.24.070E. Junk Vehicles 6/7/04 4 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 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 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 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 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 f J day of 2004. ATTEST /AUTHENTICATED 1 1a E. Cantu, CMC, City Clerk C. Uv u,OC Steven M. Mullet, Mayor Filed with the City Clerk APPROV1 W1 ?1d ORM BY: Passed by the City Council Published t Effective Date Office of the ty Attarrrey Ordinance Number V =f Junk Vehicles 6/7/04 -5 SUMMARY OF ORDINANCE No. 2045 City of Tukwila, Washington On June 7, 2004, the City Council of the City of Tukwila, Washington, adopted Ordinance No.2045, the main points of which are summarized by its title as follows: 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 NO. 1370 §1 (PART) AS CODIFIED AT TMC 9.32.040 AND 9.32.050; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE The full text of this ordinance will be mailed upon request. Adopted by the City Council at their Regular Meeting of June 7, 2004. Published Seattle Times: 06 -11 -04 E- Mailed to aareeraseatimes.com on Z 6; 'J affe E. Cantu, CMC, City Clerk