Chapter 8.48
IMPOUND OF ABANDONED, UNAUTHORIZED AND JUNK VEHICLES
Sections:
8.48.010 Impound of abandoned, unauthorized and junk vehicles.
8.48.020 Additional impound situations.
8.48.030 Junk vehicles declared a public nuisance.
8.48.040 Form for authorization of impound.
8.48.050 Administrative hearing officer and appeal.
8.48.010 Impound of abandoned, unauthorized and junk vehicles.
Chapter 46.55 RCW, as adopted by the Model Traffic Ordinance and incorporated by Chapter 8.02 WCC, is hereby incorporated into this chapter regarding the impound of abandoned, unauthorized and junk vehicles. (Ord. 2022-22 § 2 (Exh. A))
8.48.020 Additional impound situations.
(1) In addition to any other provision of law or ordinance authorizing impound of vehicles, a law enforcement officer may provide for the prompt removal of a vehicle to a place of safety, including authorizing its summary impoundment, in any of the following situations that may arise locally upon the public right-of-way or other publicly owned or controlled property:
(a) The vehicle is stopped, standing, or parked in violation of WCC 2.04.020(3)(cc), 6A.18.060, 6B.06.020, 6B.06.026, 6B.06.040, 6B.06.050, 6B.06.060, 6B.06.070, 6B.06.100, 6B.06.110, 6B.06.120, 6B.06.170, 6B.06.180, 6B.06.190, 8.16.010, 8.16.020, 8.16.030, 8.16.040 or 8.18.020;
(b) The vehicle is parked in a public parking lot or facility posted in accordance with RCW 46.55.070 exceeding the period posted;
(c) The vehicle is parked in a public parking lot or facility other than one posted in accordance with RCW 46.55.070 exceeding 24 consecutive hours;
(d) The vehicle is stopped, standing, or parked in a public right-of-way at a location posted “no parking” with an official sign. For purposes of this subsection, “official sign” has the same meaning as stated in WCC 6B.02.030(10); or
(e) The vehicle is parked in violation of any city ordinance, and has been issued three or more notices for traffic infractions under WCC Title 6B, none of which have been responded to in accordance with WCC 6B.08.010 and remain in default.
(2) Vehicles impounded pursuant to this section shall be subject to the same redemption rights and hearing procedures of RCW 46.55.120; provided, that any hearing specified in RCW 46.55.120(2) shall be conducted by an administrative hearing officer instead of the Chelan County district court as authorized by WCC 8.48.050.
(3) If the vehicle is impounded and stored at a publicly owned or controlled property, as described in subsection (4)(c) of this section, then the city, and not the tow truck operator, must provide any written notices required by RCW 46.55.110(1) and (3), and 46.55.120(2), and maintain any records stated therein.
(4) For purposes of this section, “a place of safety” means:
(a) The business location of a registered tow truck operator;
(b) A lawful parking location; or
(c) A publicly owned or controlled property that is an area completely enclosed by a fence that is at least six feet high, and constructed to prevent access by the general public, with a gate that can be locked, or storage within an enclosed building. (Ord. 2022-22 § 2 (Exh. A))
8.48.030 Junk vehicles declared a public nuisance.
The storage or retention of junk vehicles or parts thereof on any private property in the city is hereby declared a public nuisance and shall be abated, and the vehicles or parts thereof shall be removed, including but not limited to impoundment, in accordance with the following provisions:
(1) 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.
(2) Before the abatement or removal of such public nuisance, written notice shall be given to the last registered and legal 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 unless the vehicle, or parts thereof, is in such condition that identification numbers are not available to determine ownership. The written notice shall also be given to the real property owner of record where the vehicle, or parts thereof are located, 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. The written notice required by this subsection must include a brief description of the vehicle, or parts thereof, the street address of the location of the vehicle, or parts thereof, and that a hearing may be requested in writing actually delivered to the city of Wenatchee police department no later than seven calendar 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 costs assessed in accordance with this chapter.
(3) If a hearing is not timely requested as provided for in subsection (2) of this section, the vehicle or parts thereof may be removed and abated without further notice, and any right to hearing shall be deemed waived.
(4) If a timely request for a hearing is received as provided for in subsection (2) of this section, a written notice giving the time, location and date of the hearing on the question of abatement and removal of the vehicle or parts 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.
(a) The hearing shall be held under the same administrative procedures set forth in WCC 6A.18.280(5).
(b) The owner of the land on which the vehicle, or parts thereof, 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, or parts thereof, on the land, with the reasons for the denial. If it is determined at the hearing that the vehicle, or parts thereof, was placed on the land without the consent of the owner of the land and that the owner of the land has not subsequently acquiesced in its presence, then the city shall not assess costs of removal and abatement of the vehicle, or parts thereof, against the owner of the land or otherwise attempt to collect any costs authorized by this chapter from the owner of the land.
(c) If after the hearing, the hearing officer requires the vehicle, or parts thereof, to be removed and abated from the property, 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 thereof to another governmental body provided such disposal shall be only as scrap.
(5) This section shall not apply to:
(a) 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
(b) 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.
(6) Any time frame stated in this section that falls on a weekend or legal holiday shall be extended to the next business day. (Ord. 2022-22 § 2 (Exh. A))
8.48.040 Form for authorization of impound.
Whenever a law enforcement officer impounds a vehicle pursuant to the provisions of this chapter, the officer shall complete an authorization form approved by the chief of police for the Wenatchee police department, which specifies the section of this chapter or Chapter 46.55 RCW authorizing the impound. The impound authorization form may include a law enforcement notice of infraction or citation for an offense for which an impound is authorized. (Ord. 2022-22 § 2 (Exh. A))
8.48.050 Administrative hearing officer and appeal.
All hearings called for under the provisions of this chapter or RCW 46.55.120(2) shall be conducted by an administrative hearing officer. The chief of police for the Wenatchee police department, or their designee, shall be the administrative hearing officer. The final decision made by the administrative hearing officer shall be appealable to the Chelan County district court. If a notice of appeal is not filed with the Chelan County district court within 30 days of the date of the final decision of the hearing officer, the right to appeal is waived. (Ord. 2022-22 § 2 (Exh. A))
8.48.060 Nonexclusive remedy.
The remedies set forth in this chapter are not exclusive and the city may use whatever manner, method or means is available to it, at law or in equity, to enforce its code. (Ord. 2022-22 § 2 (Exh. A))