Chapter 9.52
Impoundment of Vehicles1
Sections:
9.52.010 Exercise of police powers.
9.52.030 Parking limit, all streets.
9.52.040 Abandoned automobiles.
9.52.050 Authority to impound vehicles.
9.52.060 Impoundment procedure.
9.52.070 Abandoned automobiles declared to be public nuisance.
9.52.090 Notice of right of hearing required.
9.52.100 Notice of hearing required.
9.52.110 Hearing to determine responsibility of land owner.
9.52.130 Ordinance inapplicable to vehicles within buildings or to licensed dismantlers or dealers.
9.52.010 Exercise of police powers.
This chapter shall be deemed an exercise of the police powers of the city, for the protection and preservation of the health, safety and welfare of its citizens, and shall be liberally construed to accomplish such purposes. (Ord. 868 §1, 1966).
9.52.020 Vehicle defined.
For the purposes of this chapter, the term "vehicle" shall mean and include an automobile, truck, trailer and any other mechanical device intended for the transportation of persons or property on streets and highways. (Ord. 868 §2, 1966).
9.52.030 Parking limit, all streets.
It shall be unlawful for any person, firm or corporation to park or leave any vehicle standing upon or in any public street or alley within the city, for a continuous period of time of more than seventy-two hours. (Ord. 868 §3, 1966).
9.52.040 Abandoned automobiles.
It shall be unlawful for any person, firm or corporation to place or keep an abandoned, discarded or junked automobile, or portion thereof, upon any public or private property within the city or, as owner, occupier or party in control of any real property within the city, to permit or allow any such automobile or portion thereof to be placed or kept upon the property.
Each day that a violation of this chapter continues shall constitute a separate offense and be punishable as such. It shall be prima facie evidence that an automobile or portion thereof is abandoned, junked and/or discarded if the same is (a) inoperable by reason of damage, neglect or the removal of parts therefrom, (b) is unlicensed for current operation on a public street, and (c) has been substantially in the same condition and location for more than ten days. The provisions of this section shall not apply to commercial establishments which are regularly licensed to handle junk automobiles and otherwise are complying with state and local laws and regulations. (Ord. 868 §4; May 10, 1966).
9.52.050 Authority to impound vehicles.
The police department is hereby authorized to remove and impound vehicles from any public street, alley or other public place in any of the following circumstances:
(a) When any vehicle is left unattended upon any bridge, viaduct, or causeway, or in any tunnel where such vehicle constitutes an obstruction to traffic;
(b) When a vehicle is obstructing traffic on any public street or alley and the person in charge of the vehicle is unable or refuses to remove it or provide for its removal,
(c) When any vehicle is left unattended upon any street or alley and is so parked illegally as to constitute a definite hazard or obstruction to the normal movement of traffic;
(d) When any vehicle has been abandoned, discarded or junked and is placed or kept upon any public or private property or upon any public street or alley in violation of this chapter;
(e) When any vehicle has been parked or left standing in any public street or alley for a continuous period of time of more than seventy-two hours. (Ord. 868 §5, May 10, 1966).
9.52.060 Impoundment procedure.
(a) Vehicles impounded shall be removed to a place of storage designated or maintained by the police department or to such other place of safety as the chief of police may direct. In the event private towage and storage services are used, the police department shall provide the private firm with a written order to tow and store the vehicle.
(b) When any vehicle is impounded, the police department shall report the same to the Washington State Patrol and shall give notice to the registered and/or legal owner thereof, if the name and address of the owner can be ascertained.
(c) Notice of the impoundment of all abandoned vehicles shall be given to the sheriff of Grays Harbor County and such vehicles shall be delivered to the custody of the sheriff. Any vehicle, which has been impounded and is not redeemed by its owner within fifteen days, shall be deemed abandoned. Abandoned vehicles shall be handled in the manner provided in RCW Section 46.52.110.
(d) All costs incurred by the city in the removal and storage of an impounded vehicle shall be a lien upon the vehicle. The owner of an impounded vehicle may redeem the same, prior to its sale or other disposal as an abandoned vehicle, by the payment of all of such costs. In the case of abandoned vehicles, all costs of removal and storage shall be recovered from the proceeds of the sale of the vehicle by the sheriff. (Ord. 868 §6, 1966).
9.52.070 Abandoned automobiles declared to be public nuisance.
All abandoned, wrecked, dismantled or inoperative vehicles or automobile hulks or parts thereof within the limits of the city of Montesano are hereby declared to be public nuisances and may be removed in accordance with the ordinance codified herein. (Ord. 931 §1, 1971).
9.52.080 Costs of removal.
Costs of removal may be assessed against the last registered owner of the vehicle or automobile hulk or parts thereof referred to in Section 9.52.070, if the identity of such owner can be determined, unless such owner in the transfer of ownership has complied with RCW 46.52.104, or the costs may be assessed against the owner of the property on which the vehicle or parts thereof are stored. (Ord. 931 §2, 1971).
9.52.090 Notice of right to hearing required.
Before any vehicle or parts thereof may be removed as provided in Section 9.52.080, a notice shall be sent by the city clerk by certified mail, return receipt requested, to the last registered owner of record and the property owner on which the vehicle or parts thereof are stored that a hearing may be requested before the city council and that if no hearing is requested, the vehicle or automobile hulk or parts thereof will be removed. (Ord. 931 §3, 1971).
9.52.100 Notice of hearing required.
If a request for hearing is received, the city clerk shall mail by certified mail, return receipt requested, with a five day return requested, a notice giving the time, location and date of such hearing on the question of abatement and removal of the vehicle or part thereof as a public nuisance, to the owner of the land as shown on the last equalized assessment roll and to the last registered and legal owner of record unless the vehicle is in such condition that identification numbers are not available to determine ownership. (Ord. 931 §4, 1971).
9.52.110 Hearing to determine responsibility of land owner.
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 reasons for such 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 has not subsequently acquiesced in its presence, then the city of Montesano will not assess costs of administration or removal of the vehicle against the property upon which the vehicle is located or otherwise attempt to collect such cost from the owner. (Ord. 931 §5, 1971).
9.52.120 Method of disposal.
After notice has been given of the intent of the city of Montesano to dispose of the vehicle and if no hearing is requested within five days, or if a hearing is requested and held, but it is determined that the vehicle is a public nuisance, the vehicle or part thereof, shall be removed, at the request of a law enforcement officer, and disposed of to a licensed auto wrecker with notice to the Washington State Patrol and the Department of Motor Vehicles that the vehicle has been wrecked. (Ord. 931 §6, 1971).
9.52.130 Ordinance inapplicable to vehicles within buildings or to licensed dismantlers or dealers.
The ordinance codified herein shall not apply to (a) a vehicle or part thereof which 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 (b) a vehicle or part thereof which is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler or licensed vehicle dealer, fenced according to the provisions of RCW 46.80.130. (Ord. 931 §7, 1971).
Penalty provisions--See Section 1.08.030 of this code.