Chapter 10.13
ABANDONED VEHICLES
Sections:
10.13.010 Legislative findings adopted.
10.13.040 Written form of authorization to impound.
10.13.050 Adoption by reference.
10.13.060 Redemption of impounded vehicles.
10.13.070 Contract for towing and storage.
10.13.010 Legislative findings adopted.
The city adopts the legislative findings of Washington Laws of 1998, Chapter 203, Section 1. (Ord. 2005-008 § 1)
10.13.020 Findings.
The city council finds that parking on the public rights-of-way should be regulated to promote traffic safety, enhance the smooth flow of traffic, and, in certain areas of high demand for parking, such as business districts, to fairly allocate parking spaces among the public by limiting parking time.
Further, the city council finds that parking of vehicles in the public rights-of-way for long periods of time deprives residential and other property owners and residents of fairly allocated parking spaces.
Further, the city council finds that certain vehicles are abandoned and create hazards and obstructions and aesthetic damage to the surrounding properties, and in addition are likely to encourage abandonment of other items of a similar nature in the area. (Ord. 2005-008 § 2)
10.13.030 Definitions.
The definitions set forth in this section apply throughout this chapter.
A.1. “Abandoned vehicle” means a vehicle that a registered tow truck operator or the city has impounded and held in the operator’s or the city’s possession for 120 consecutive hours. “Abandoned vehicle” also includes a vehicle left on blocks, jacks, ramps or otherwise elevated above the ground in an unstable manner and unattended and also includes any of the following on city property or rights-of-way if three or more of the following are true:
a. Vehicle license expired in excess of 30 days;
b. The owner or person listed on the vehicle’s registration does not live in the city;
c. The vehicle is apparently inoperative;
d. A complaint of the vehicle’s abandonment has been received from a city resident;
e. The vehicle has not been moved within the last 30 days;
f. The vehicle is not parked within two blocks of the registered owner’s address;
g. The vehicle is being used as a storage container and is apparently inoperable;
h. One or more flat tires;
i. Broken windshield or rear window;
j. Extensive body damage;
k. Partially dismantled;
l. Wrecked or in a condition that would inhibit or prevent use.
2. Vehicles that appear to be abandoned but are not a hazard may be impounded after 72 hours’ written notice properly posted on the vehicle. The “Notice of Intent to Tow” shall be affixed on a conspicuous place on the vehicle and shall contain the following:
a. A description of the vehicle;
b. The location of the vehicle;
c. The time and date the notice was issued and posted;
d. The time and date after which the vehicle may be towed if not moved;
e. The citing official’s name and identifying number;
f. The address and phone number of the Sequim police department.
3. Any vehicle that is left unattended on public property or on a public street may be impounded immediately and without prior notice if it is in such condition as to pose a threat to the health or safety of the public. These conditions include but are not limited to:
a. Blocking or obstructing a roadway or a driveway;
b. Blocking or obstructing the view of oncoming traffic or of a traffic control device;
c. Blocking a fire hydrant or obstructing the mobility of an emergency vehicle;
d. A vehicle that is leaking hazardous materials, including fuel;
e. A vehicle that constitutes an attractive nuisance.
4. Any vehicle that is unattended that is a hazard, is in violation of public parking limits, or is parked in violation of the terms of a tow notice may be impounded.
B. “Abandoned vehicle report” means the document prescribed by the state that the towing operator forwards to the department after a vehicle has become abandoned.
C. “Impound” means to take and hold a vehicle in legal custody. There are two types of impounds, public and private.
1. “Public impound” means that the vehicle has been impounded at the direction of a law enforcement officer or at the direction of a public official having jurisdiction over the public property upon which the vehicle is located.
2. “Private impound” means that the vehicle has been impounded at the direction of a person having control or possession of the private property upon which the vehicle is located.
D. “Residential property” means property that has no more than four living units located on it.
E. “Unauthorized vehicle” means a vehicle that is subject to impoundment after being left unattended in one of the following public or private locations for the indicated period of time, and is subject to removal as set forth below.
1. On Public Locations.
a. Constituting an accident or traffic hazard as defined in RCW 46.55.113: time – immediately.
b. On a highway and tagged as described in RCW 46.55.085: time – 24 hours.
c. In a publicly owned or controlled parking facility, properly posted under RCW 46.55.070: time – immediately.
2. On Private Locations.
a. On residential property: time – immediately.
b. On private nonresidential property, properly posted under RCW 46.55.070: time – immediately.
c. On private nonresidential property not posted: time – 24 hours.
3. Vehicles parked on publicly owned or controlled property including the right-of-way of any public street not provided for above which have been parked one month or more at the same location. (Ord. 2005-008 § 3)
10.13.040 Written form of authorization to impound.
There is hereby established as the official written form of authorization to impound, pursuant to RCW 46.55.240(1)(b), the state form known as the Uniform or Universal Washington State Tow/Impound Form. (Ord. 2005-008 § 4)
10.13.050 Adoption by reference.
The city of Sequim adopts by reference all the required provisions of RCW 46.55.240. (Ord. 2005-008 § 5)
10.13.060 Redemption of impounded vehicles.
Vehicles impounded by the city shall be redeemed only under the following circumstances:
A. Only the registered owner, a person authorized by the registered owner, or one who has purchased the vehicle from the registered owner, who produces proof of ownership or authorization and signs a receipt therefor, may redeem an impounded vehicle. A person redeeming a vehicle impounded pursuant to this chapter must, prior to redemption, establish that he or she has a valid driver’s license and is in compliance with all provisions of this chapter.
B. Any person so redeeming a vehicle impounded by the city shall pay the towing contractor for costs of impoundment, removal, towing and storage, and any required administrative fees prior to redeeming such vehicle. Such towing contractor shall accept payment as provided in RCW 46.55.120 as now or hereafter amended.
C. Any person seeking to redeem a vehicle impounded for parking in a public right-of-way longer than allowed has a right to a hearing to contest the validity of an impoundment or the amount of removal, towing, storage and/or administrative fees. Such request for hearing must be in writing in a form approved by the chief of police and signed by such person, and is received by the chief of police within 10 days (including Saturdays, Sundays and holidays) of the latter of the date the notice was mailed to such person pursuant to this chapter or the date the notice was given to such person by the registered tow truck operator pursuant to RCW 46.55.120(2)(a). Such hearing shall be provided as follows:
1. If all of the requirements to redeem the vehicle have been satisfied, and in the event that the person seeking to redeem an impounded vehicle pays the costs of impoundment, towing and storage and administrative fees, the impounded vehicle shall be released to such person immediately and a hearing as provided for in this chapter shall be held within 90 days of the written request for hearing.
2. If not all of the requirements to redeem the vehicle have been satisfied, and in the event that the person seeking to redeem an impounded vehicle does not pay the cost of impoundment, towing and storage and administrative fees, the impounded vehicle shall not be released until after the hearing provided for. Such person shall have a right to a hearing within two business days (excluding Saturdays, Sundays and holidays) of the written request to the court for a hearing.
D. Any person seeking a hearing who has failed to request such a hearing within the time specified in this chapter may petition the chief of police for an extension to file a request for a hearing. Such extension shall only be granted upon the demonstration of good cause as to the reasons that the request for hearing could not be timely filed. For the purposes of this section, “good cause” shall be defined as one or more of the following circumstances beyond the control of the person seeking the hearing that prevented such person from filing a timely request for a hearing within the time specified in this chapter as now or hereafter amended. In the event such extension is granted, the person receiving such extension shall be granted a hearing in accordance with this chapter if and only if a hearing request is filed within the extended period of time. If no proper request for a hearing is filed within the time required, the right to a hearing is waived and the associated costs of impoundment and administrative fee and storage are deemed to be proper and the city shall not be liable to the owner for removal, towing, or storage or administrative charges arising from the impoundment.
E. In the event the impoundment is found to be proper pursuant to a hearing or because of waiver of a hearing, the court shall enter an order so stating. In the event that removal, towing, storage and administrative costs and fees have not been paid, the order shall also provide that the impounded vehicle shall be released only after payment to the city of any costs of impoundment, storage, towing and administrative fees, and that such amounts shall be paid within 30 days of the date of the decision in the form of a written order; after which date, if no appeal has been filed and if the costs have not been paid, the vehicle may be disposed of as provided by law.
F. If the impoundment is found to be improper, the court shall enter an order so stating and order the immediate release of the vehicle. If the costs of impoundment, storage and administrative fee have already been paid, the court shall enter judgment against the city in favor of the person who has paid the cost of impoundment in the amount paid.
G. The court in any proceeding shall have the authority to determine if the correct fees have been charged and to adjust the fees if the correct fees have not been charged, and order appropriate judgments favoring the party who prevails. (Ord. 2005-008 § 6)
10.13.070 Contract for towing and storage.
The city is authorized to contract with a licensed tow truck operator as provided by Chapter 46.55 RCW for removal of improperly parked vehicles, unauthorized vehicles, and abandoned vehicles, and the contract shall provide specifically for the amount of an administrative fee, the method of calculation of a towing fee, and the method of calculation of a storage fee and the amounts thereof. The contract shall also provide that the registered tow truck operator and storer shall have all appropriate liens as provided for in RCW 46.55.140 and all of the remedies including sale at public auction for accumulated storage charges pursuant to RCW 46.55.130 or other provisions of law. Redemption rights and sale of unredeemed property are also governed by RCW 46.55.120 and other applicable portions of law. (Ord. 2005-008 § 7)