Chapter 10.22
ABANDONED VEHICLES
Sections:
10.22.020 Posting notice – When required.
10.22.030 Impounding – Authorization.
10.22.040 Impound – Personal effects.
10.22.080 Abandoned vehicles – Disposition.
10.22.090 Liability for costs – Liens.
10.22.110 Inspection of operators.
10.22.120 Junk vehicles – Certificates.
10.22.010 Definitions.
“Abandoned vehicle” means a vehicle that a registered tow truck operator has impounded and held in his possession for 96 consecutive hours.
“Abandoned vehicle report” means the document prescribed by the state that a tow truck operator forwards to the Department of Licensing after a vehicle has become abandoned.
“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 other public official having jurisdiction over the public property upon which the vehicle was 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 was located.
“Junk vehicle” means a motor vehicle certified under WRMC 10.22.120 as meeting three of the following criteria:
1. Is three years old or older;
2. Is extensively damaged, such damage including, but not limited to, any of the following: a broken window or windshield, or missing wheels, tires, motor or transmission;
3. Is apparently inoperable;
4. Is without a valid, current registration plate; and
5. Has an approximate fair market value equal only to the approximate value of the scrap in it.
“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:
1. Public Locations.
a. Constituting a traffic hazard as defined in RCW 46.55.113: immediately.
b. On a highway and tagged as described in RCW 46.55.085: 24 hours.
c. In a publicly owned or controlled parking facility, properly posted under WRMC 10.22.020: immediately.
d. All other public property: 24 hours.
2. Private Locations.
a. On residential property: immediately.
b. On private, nonresidential property, properly posted under WRMC 10.22.020: immediately.
c. On private, nonresidential property, not posted: 24 hours.
d. On railroad property so as to obstruct, hinder or delay the passage of any railway car: immediately. [Ord. 13-00 § 1, 2000; Ord. 118-94 § 1, 1994].
10.22.020 Posting notice – When required.
A. No one may impound, tow or otherwise disturb any motor vehicle standing on nonresidential, private property or in a public parking facility for less than 24 hours unless a sign is posted near each entrance and on the property, which conspicuously informs all who park on the property of:
1. The times a vehicle may be impounded as an unauthorized vehicle; and
2. The name, telephone number and address of the towing firm where the vehicle may be redeemed.
B. This section does not apply to residential property.
Anyone having charge of residential property may have an unauthorized vehicle impounded immediately by giving written authorization. [Ord. 118-94 § 1, 1994].
10.22.030 Impounding – Authorization.
A junk vehicle or unauthorized vehicle may be impounded by a tow truck operator at the direction of a law enforcement officer or proper public official if it is on public property, a public street, or at the direction of a property owner or his agent if it is on private property. [Ord. 13-00 § 2, 2000; Ord. 118-94 § 1, 1994].
10.22.040 Impound – Personal effects.
A tow truck operator must take impounded vehicles to the nearest approved storage area. The tow truck operator must use reasonable care in the handling and storage of impounded vehicles. The tow truck operator must keep all personal belongings and contents of impounded vehicles intact and return them to the owner, upon request, during normal business hours. Personal effects are not subject to any lien, but those not claimed before auction must be delivered to the West Richland police department for disposal in accordance with Chapter 63.29 RCW. The owner of an impounded vehicle may view it free of charge during normal business hours. [Ord. 118-94 § 1, 1994].
10.22.050 Reports.
A tow truck operator must immediately notify the West Richland police department of all impounds and must serve a written notice within 24 hours. The tow truck operator must immediately send a report to the Department of Licensing of every abandoned vehicle, and within 15 days of the sale of an abandoned vehicle, report the disposition to the Crime Information Center of the Washington State Patrol. [Ord. 118-94 § 1, 1994].
10.22.060 Notice to owner.
A. The West Richland police department shall notify the legal owner and the registered owner of any vehicle impounded from public property, and the tow truck operator shall give notice in all other cases.
The notice must be sent by first class mail within 24 hours, excluding weekends, of the impound to the last known address of the legal owner and the registered owner. The notice must identify the towing firm, give the address of the towing firm, and identify the location, time and authority for the impound.
B. The tow truck operator shall notify the legal owner and the registered owner of an impounded vehicle within 24 hours of determining their identity. [Ord. 13-00 § 3, 2000; Ord. 118-94 § 1, 1994].
10.22.070 Redemption.
A. The legal owner or the registered owner of an impounded vehicle may redeem it by paying the towing and storage charges.
The tow truck operator must accept any commercially reasonable tender, including major bank credit cards and personal checks drawn on instate banks, if accompanied by two pieces of valid identification, one of which bears a photograph.
B. The tow truck operator must notify the person attempting to redeem an impounded vehicle of his right of redemption and the opportunity he has for a hearing to contest the impound. Anyone contesting an impound must petition the Benton County district court for a hearing on forms provided by the towing company. If he fails to request a hearing within 10 days of his written acknowledgment of his notice, he and the registered owner become liable for all towing and storage charges.
C. If the Benton County district court finds the impound to have been proper, it will assess the costs of towing and storage against the party requesting the hearing, unless the tow truck operator failed to obtain written authority for the impound. If the court finds the impound to be improper, then the party who authorized the impound is liable for the towing and storage charges.
D. Any impounded vehicle which is not redeemed within 15 days of the mailing of the notice as set forth in WRMC 10.22.060 may be sold at public auction. The vehicle may be redeemed any time before the start of the auction. [Ord. 118-94 § 1, 1994].
10.22.080 Abandoned vehicles – Disposition.
The operator may dispose of unclaimed vehicles in accordance with RCW 46.55.103. [Ord. 118-94 § 1, 1994].
10.22.090 Liability for costs – Liens.
A. A registered tow truck operator, who has a valid and signed impound authorization, has a lien upon the vehicle for his services unless the impound is found to have been invalid. The lien does not apply to personal property in or upon the vehicle, which is not permanently attached to or is an integral part of it. The tow truck operator has a deficiency claim against the last registered owner of the vehicle for his services not exceeding $300.00, less the amount bid at auction. For vehicles of over 10,000 pounds gross vehicle weight, the tow truck operator has a deficiency claim of $1,000, less the amount bid at auction. A registered owner, who has completed the seller’s report as provided for by RCW 46.12.101, is not liable under this section.
B. Any person who tows, removes or otherwise disturbs any motor vehicle parked, stalled or otherwise left on privately owned or controlled property, and any person owning or controlling the private property, or either of them, is liable to the owner, operator or driver of a motor vehicle, or each of them, for consequential and incidental damages arising from any interference with the ownership or use of the motor vehicle which does not comply with this chapter or Chapter 46.55 RCW. [Ord. 118-94 § 1, 1994].
10.22.100 Records of impound.
A registered tow truck operator shall keep a transaction file on each impounded vehicle. It must include:
A. A signed impound authorization.
B. A copy of the 24-hour written impound notice to the West Richland police department.
C. A copy of the 24-hour written impound notice to the legal owner and the registered owner identifying the towing firm, giving a 24-hour telephone number and informing under whose authority the vehicle was impounded.
D. A copy of the abandoned vehicle report sent to and returned by the Department of Licensing.
E. A copy of and proof of mailing of the notice of custody and sale sent by the tow truck operator to the legal owner and the registered owner advising they have 15 days to redeem the vehicle before it is sold at public auction.
F. A copy of the advertisement of public auction.
G. A copy of the affidavit of sale showing the sale date, purchaser, amount of lien and sale price.
H. A record of the two highest bid offers made on the vehicle.
I. A copy of the notice of opportunity for hearing given to those who redeem vehicles. The transaction file must be kept for three years. [Ord. 118-94 § 1, 1994].
10.22.110 Inspection of operators.
Records, equipment and facilities of registered tow truck operators must be available during normal business hours for audit or inspection by the Department of Licensing, the Washington State Patrol, or any law enforcement agency having jurisdiction. [Ord. 118-94 § 1, 1994].
10.22.120 Junk vehicles – Certificates.
A. Notwithstanding any other provision of law, any law enforcement officer shall inspect and may authorize the disposal of an abandoned junk vehicle.
The law enforcement officer must record the make and vehicle identification number or license number and verify that the approximate value of the vehicle is only the approximate value of the scrap in it.
B. The West Richland police department will identify a vehicle’s owner for a landowner.
C. A landowner shall mail notice to the legal owner and the registered owner. The notice must describe the redemption procedure and the right to arrange for the removal of the vehicle.
D. If the vehicle then remains unclaimed for more than 15 days, the landowner may dispose of the vehicle, or sign an affidavit of sale to be used as a title document.
E. If no information on the vehicle’s owner is found in the records of the Department of Licensing, the landowner may immediately dispose of the vehicle, or sign an affidavit of sale to be used as a title document.
F. The landowner of the property upon which the junk vehicle is located is entitled to recover from the vehicle owner any costs incurred in removing it.
G. The term “landowner,” for the purposes of this section, includes a legal owner of private property, a person with possession or control of private property, or a public official having jurisdiction over public property.
H. A person complying in good faith with the requirements of this section is immune from any liability arising out of any action taken or any omission made in the compliance. [Ord. 118-94 § 1, 1994].
10.22.200 Nuisance abatement.
A. The chief of police may order the removal of junk vehicles or parts thereof, along with other incidental machinery, scrap and parts from public or private property, if it constitutes a nuisance as defined in WRMC 8.16.030 and 8.16.035, or is maintained in violation of WRMC Title 17, Zoning.
B. If the chief of police finds the vehicle or parts thereof to be a nuisance or are maintained in violation of WRMC Title 17, Zoning, he may send a notice of the violation to the last known legal owner and last known registered owner, if that can be determined.
The notice must inform the owners that they are entitled to a hearing in accordance with WRMC 8.16.090. The notice must specify that if no request for a hearing is received, the vehicle will be removed and the costs assessed against the registered owner and the landowner.
C. If a request for a hearing is received, a notice giving the time, location and date of the hearing and the question of abatement and removal of the vehicle or part thereof must be mailed by certified mail, return receipt requested, to the owner of the land and to the last known registered owner and the last known legal owner of record, unless their identity cannot be determined.
D. The owner of land shall not be held liable for the costs of removal if the landowner demonstrates that the vehicle or parts thereof were placed on his land without his consent and he has not subsequently acquiesced in their presence.
E. Any vehicle or parts thereof found to be a nuisance, or maintained in violation of WRMC Title 17, Zoning, will be turned over to a registered disposer. [Ord. 118-94 § 1, 1994].