Chapter 8.15
IMPOUNDING OF DISCARDED VEHICLES
Sections:
8.15.020 Declaration of public nuisance.
8.15.060 Entry on private property.
8.15.070 Hearing by municipal judge.
8.15.080 Abatement by the city and appraisal.
8.15.120 Redemption before sale.
8.15.010 Definitions.
As used in this chapter, the following mean:
(1) “Costs” means the expense of removing, storing, or selling a discarded vehicle.
(2) “Discarded vehicle” means:
(a) A vehicle that does not have a current license plate lawfully affixed to it or is in one or more of the following conditions:
(i) Inoperative.
(ii) Wrecked.
(iii) Dismantled.
(iv) Partially dismantled.
(v) Abandoned.
(vi) Junked.
(b) Discarded vehicles include major parts of vehicles, including but not limited to bodies, engines, transmissions, and rear ends.
(3) “Law enforcement officer” includes any authorized law enforcement officer of the city.
(4) “Person in charge of property” means an agent, occupant, lessee, contract purchaser, owner, or person having possession, control, or title to property where a vehicle is located.
(5) “Vehicle” means every device in, upon, or by which a person or property is or may be transported or drawn upon a public highway, except devices moved by human power or used exclusively upon stationary rails or tracks.
(6) “Vehicle owner” means an individual, firm, corporation, or unincorporated association with a claim, either individually or jointly, of ownership or an interest, legal or equitable, in a vehicle. [Ord. 08-794 § 2, 2008; Ord. 659 § 1, 1988]
8.15.020 Declaration of public nuisance.
The open accumulation and storage of discarded vehicles is found to create a condition tending to reduce the value of private property; promote blight, deterioration, and unsightliness; invite plundering; create fire hazards; constitute an attractive nuisance causing a hazard to the health and safety of minors; create a harborage for rodents and insects; and to be injurious to the health, safety, and general welfare. Therefore, the presence of a discarded vehicle on private property is declared to be a public nuisance that may be abated in accordance with the provisions of this chapter. [Ord. 08-794 § 2, 2008; Ord. 659 § 2, 1988]
8.15.030 Prohibited action.
No person shall store or permit the storage of a discarded vehicle upon private property within the city unless the vehicle is completely enclosed or unless it is in connection with a lawfully conducted business dealing in junked vehicles. [Ord. 08-794 § 2, 2008; Ord. 659 § 3, 1988]
8.15.040 Investigation.
(1) When a city official investigates a discarded vehicle on private property and determines that an apparent nuisance exists which should be abated, the officer shall:
(a) Attempt to discover the owner of the vehicle and the person in charge of the property on which the vehicle is located; and
(b) Give written notice to them by personal service or by registered or certified mail that the vehicle is in violation of this chapter.
(2) If the owner of the vehicle is not found, the officer shall place a notice on the windshield or some other part of the vehicle or the property where it can be easily seen. [Ord. 08-794 § 2, 2008; Ord. 659 § 4, 1988]
8.15.050 Contents of notice.
A notice issued under BMC 8.15.040 shall state:
(1) That a certain discarded vehicle is in violation of this chapter and that within 10 days after sending or posting the notice:
(a) The vehicle must be removed from the city or to the storage yard of a lawfully conducted business dealing in junked vehicles; or
(b) The vehicle must be completely enclosed.
(2) That the alternative to compliance with subsection (1) of this section is to petition the city clerk within the 10-day period described in subsection (1) of this section and make a written request to appear before the municipal judge to show why the nuisance should not be immediately abated.
(3) That failure to comply with this chapter authorizes the city to remove the nuisance, charge the cost against the property from which it was removed, and sell the vehicle to satisfy the costs of removal and storage. [Ord. 08-794 § 2, 2008; Ord. 659 § 5, 1988]
8.15.060 Entry on private property.
(1) A city official is authorized to enter onto private property at all reasonable times and examine a vehicle to determine whether it is in a discarded condition. Except when an emergency exists, before entering onto private property, the officer shall obtain the consent of an occupant or a warrant of the municipal court authorizing entry for inspection.
(2) No search warrant shall be issued under the terms of this chapter until an affidavit has been filed with the municipal court showing probable cause for the inspection by stating the purpose and extent of the proposed inspection, citing this chapter as the basis for the inspection, stating whether it is an inspection instituted by complaint, or giving other specific or general information concerning the vehicle in question or the property on which it is located.
(3) No person shall interfere with or attempt to prevent a law enforcement officer from entering onto private premises and inspecting a vehicle when an emergency exists or when the officer exhibits a warrant authorizing entry. [Ord. 08-794 § 2, 2008; Ord. 659 § 6, 1988]
8.15.070 Hearing by municipal judge.
(1) Following a request, the municipal judge shall fix a time for a hearing to show cause why a vehicle should not be abated immediately and to receive evidence and the testimony of the city official and other interested persons concerning the existence, location, and condition of the vehicle. After the hearing, the judge may order the vehicle removed by the city in accordance with the provisions of this chapter.
(2) The judge shall make its order in the form of a judgment declaring the vehicle to be a public nuisance. The judgment may order the removal of more than one vehicle and may consolidate the hearings and orders relating to more than one vehicle. Persons receiving the notice specified in BMC 8.15.040 shall be sent copies of the judgment of the court.
(3) The court may impose conditions and take other action it considers appropriate under the circumstances to carry out the purposes of this chapter. It may delay the time for removal of the vehicle when, in its opinion, circumstance justifies such action. It shall refuse to order removal of the vehicle when the vehicle, in the opinion of the court, is not subject to the provisions of this chapter. The court shall not be bound by technical rules of evidence in conducting the hearing. [Ord. 08-794 § 1, 2008; Ord. 659 § 7, 1988]
8.15.080 Abatement by the city and appraisal.
(1) Ten days after giving the notice required in BMC 8.15.040 or, if a hearing is held, 10 days after a judgment declaring a vehicle to be a public nuisance as required in BMC 8.15.070, the city will have jurisdiction to abate the nuisance and may remove the vehicle by use of city employees or authorized independent contractors. No person shall interfere with, hinder or refuse to allow authorized persons to enter onto private property for the purpose of removing a vehicle under the provisions of this chapter.
(2) After removing the vehicle, the city shall have it appraised by a person reasonably acquainted with the value of such vehicles. [Ord. 08-794 § 1, 2008; Ord. 659 § 8, 1988]
8.15.090 Low-value vehicle.
(1) If the vehicle is appraised at $750.00 or less, the city clerk or enforcement officer shall file an affidavit with the Motor Vehicles Division describing the vehicle, including the license plates, if any, stating the location and appraised value of the vehicle and stating that the vehicle will be junked or dismantled. The city clerk or enforcement officer may dispose of the vehicle and execute a certificate of sale without notice and public auction.
(2) The certificate of sale shall be on a form provided by the city clerk. [Ord. 08-794 § 1, 2008; Ord. 659 § 9, 1988]
8.15.100 Public sale notice.
(1) If the vehicle is appraised over $750.00, the city clerk shall publish a notice of sale in a newspaper of general circulation within the city. The notice of sale shall state:
(a) The sale is of discarded property in possession of the city.
(b) A description of the vehicle, including the type, make, license number, identification number, and any other information that will aid in accurately identifying the vehicle.
(c) The terms of the sale.
(d) The date, time, and place of the sale.
(2) The notice of sale shall be published two times. The first publication shall be made not less than 15 days before the date of the proposed sale, and the second shall be made not less than seven days before the date of the proposed sale. [Ord. 08-794 § 1, 2008; Ord. 659 § 10, 1988]
8.15.110 Public sale.
(1) If a vehicle is appraised over $750.00, the city shall hold a sale at the time and place appointed, within view of the vehicle to be sold.
(2) The vehicle shall be sold to the highest and best bidder. However, if no bids are entered or the bids entered are less than the costs incurred by the city, the enforcement officer may enter a bid on behalf of the city in an amount equal to the costs.
(3) At the time the purchase price is paid, the city clerk shall execute a certificate of sale in duplicate; the original shall be delivered to the purchaser and a copy filed with the city.
(4) The certificate of sale shall be on a form provided by the city clerk. [Ord. 08-794 § 1, 2008; Ord. 659 § 11, 1988]
8.15.120 Redemption before sale.
(1) A vehicle impounded under the provisions of this chapter may be redeemed by its owner or by the person in charge of the property from which the vehicle was removed by applying to the city clerk before sale or disposition has taken place. The person shall:
(a) Submit satisfactory evidence of ownership or interest in the vehicle to the law enforcement officer.
(b) Pay the costs owing at the time the application to redeem is made.
(c) Give evidence that the nuisance character of the vehicle will not be resumed.
(2) Upon compliance with subsection (1) of this section, the city clerk shall execute a receipt and cause the vehicle to be returned. [Ord. 08-794 § 1, 2008; Ord. 659 § 12, 1988]
8.15.130 Assessment of costs.
(1) After disposing of the discarded vehicle and deducting any money received from sale of the vehicle from the costs, the city clerk shall give notice by personal service or by registered or certified mail to the person in charge of the property from which the vehicle was removed:
(a) Of the unpaid costs of abatement.
(b) That the costs as indicated will be assessed to, and become a lien against, the real property or other assets of the person in charge or the registered owner unless paid within 30 days from the date of the notice.
(c) That if the person in charge or registered owner of the property objects to the indicated costs of the abatement, a written notice of objection may be filed with the city clerk within 20 days from the date of the notice of unpaid costs.
(2) Within 40 calendar days after the date of the notice of objection, objections to the proposed assessment will be heard and determined by the council.
(3) If the costs of the abatement are not paid within 30 days from the date of the notice, or within 10 days of a court’s determination made under subsection (2) of this section, assessment of the costs shall be made by council resolution and be entered in the docket of city liens. When the entry is made, it shall constitute a lien on the real property from which the nuisance was removed or abated.
(4) The lien shall be enforced in the same manner as liens for street improvements are enforced and shall bear interest at the rate of nine percent per annum. Interest shall accrue from the date of the entry of the lien into the lien docket.
(5) An error in the name of the person in charge of the property shall not void the assessment, nor will a failure to receive notice of the proposed assessment render the assessment void. The assessment shall remain a valid lien against the property. [Ord. 08-794 § 1, 2008; Ord. 659 § 13, 1988]