Chapter 10.05
ABANDONED, UNAUTHORIZED IMPOUNDED, NUISANCE AND JUNK VEHICLES
Sections:
10.05.010 Abandoned, unauthorized, impounded, nuisance, and junk vehicles.
10.05.020 Additional impound situations.
10.05.035 Form of authorization of impound.
10.05.010 Abandoned, unauthorized, impounded, nuisance, and junk vehicles.
Chapter 46.55 RCW, as adopted by the Model Traffic Ordinance and incorporated by Chapter 10.03 of this code, is adopted by reference as and for the ordinance of the city, dealing with abandoned, unauthorized and junk vehicles. (Ord. 2000-3 § 1(part), 2000: Ord. 95-20 § 1(part), 1995).
10.05.020 Additional impound situations.
A. In addition to any other provision of law or ordinance authorizing impound of vehicles, a law enforcement officer may take custody of a vehicle, provide for its prompt removal, and authorize its impound in any of the following situations that may arise locally upon the public right-of-way or other publicly owned or controlled property:
1. The vehicle is stopped, standing, or parked in a prohibited area designated in accordance with Sections 10.13.050 or 10.13.060 of this code;
2. The vehicle is stopped, standing, or parked in violation of Sections 10.13.070, 10.13.080, 10.13.090, 10.13.110, 10.13.120, 10.13.125, 10.13.140, or 10.13.160 of this code;
3. The vehicle is parked in a public parking lot or facility posted in accordance with RCW 46.55.070 exceeding the period posted;
4. The vehicle is parked in a public parking lot or facility other than one posted in accordance with RCW 46.55.070 exceeding twenty-four consecutive hours;
5. The vehicle is stopped, standing, or parked in violation of any law or ordinance regulating stopping, standing, or parking, and at least five prior infractions for stopping, standing, or parking violations related to the vehicle are outstanding or unpaid;
6. The vehicle is stopped, standing, or parked at a time and location designated as a tow away zone by resolution of the city council; or
7. The vehicle is stopped, standing, or parked in a public right-of-way at a location posted “no parking” at the direction of the chief of the Walla Walla police department.
B. Vehicles impounded pursuant to this section shall be subject to the same redemption rights and hearing procedures of RCW 46.55.120 which are applicable to a vehicle impounded at the direction of a law enforcement officer pursuant to RCW 46.55.080. (Ord. 2004-05 § 1, 2004: Ord. 2000-3 § 1(part), 2000: Ord. 95-20 § 1(part), 1995).
10.05.030 Nuisance vehicles.
The storage or retention of junk motor vehicles or parts thereof, on any private property in the city is a public nuisance which shall be abated, and the vehicles or parts thereof shall be removed, in accordance with the following provisions:
A. Costs of abatement and removal may be assessed against the last registered owner of the vehicle, or parts thereof, if the identity of the owner can be determined, unless the owner in the transfer of ownership of the vehicle, or parts thereof has complied with RCW 46.12.101, or the cost may be assessed against the owner of the property on which the vehicle is stored and shall constitute a lien thereon.
B. Before the abatement or removal of such public nuisance, notice shall be given to the last registered owner of record of the vehicle, or parts thereof, by regular mail, postage prepaid, at the owner’s last address of record on file with the Department of Licensing for the vehicle, or parts thereof, in question and the real property owner of record, by regular mail, postage prepaid, at the owner’s last address as shown in the last equalized assessment roll with respect to the property in question, that a hearing may be requested in writing actually delivered to the city police department no later than seven days after mailing of the notice, and that if no hearing is requested, the vehicle, or parts thereof, will be removed and abated and the cost thereof assessed in accordance with this chapter. If a hearing is not timely requested, the vehicle, or parts thereof may be removed without further notice, and any right to hearing shall be deemed waived.
C. If a timely request for a hearing is received, a notice giving the time, location and date of the hearing on the question of abatement and removal of the vehicle or part thereof as a public nuisance shall be mailed, by certified mail, with a five-day return receipt requested, to the owner of the land as shown in 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.
D. This section shall not apply to:
1. A 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 vehicle or part thereof that is stored or parked in a lawful manner on private property in connection with the business or a licensed dismantler or licensed vehicle dealer and is fenced according to RCW 46.80.130.
E. 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 the 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 the owner has not subsequently acquiesced in its presence, then the city 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 owner.
F. After notice has been given to the intent of the city to dispose of the vehicle and after a hearing, if requested, has been held, the vehicle or part thereof shall be removed at the request of a law enforcement officer with notice to the Washington State Patrol and the Department of Licensing that the vehicle has been wrecked. If commercial channels of disposition are not available or are inadequate, the city may make final disposition of such vehicles or parts at the city landfill, provided that the city complies with all applicable laws and regulations related to the handling and disposing of vehicles, or may transfer such vehicle or parts to another governmental body provided such disposal shall be only as scrap. (Ord. 2000-3 § 1(part), 2000: Ord. 95-20 § 1(part), 1995).
10.05.035 Form of authorization of impound.
Until June 30, 2001, a law enforcement officer may authorize impound of a vehicle in writing on an infraction, a citation form, or such other form authorized for such purpose by the Washington State Patrol or the Washington Department of Licensing. After June 30, 2001, a law enforcement officer must use the uniform impound authorization and inventory form adopted by the Washington State Patrol to authorize impound of a vehicle. (Ord. 2000-3 § 1(part), 2000).
10.05.040 Hearings officer.
All hearings called for under the provisions of this chapter shall be conducted by a judge or pro tem judge of the Walla Walla District Court. (Ord. 2000-3 § 1(part), 2000: Ord. 98-24 § 3, 1998: Ord. 95-20 § 1(part), 1995).