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3027 Impound MLMC 10 ORDINANCE 3027 AN ORDINANCE AMENDING CHAPTER 10.36 OF THE MOSES LAKE MUNICIPAL CODE TITLED “JUNK VEHICLES”. THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. Moses Lake Municipal Code Chapter 10.36 titled “Junk Vehicles” is amended as follows: Chapter 10.36 IMPOUND OF ABANDONED, UNAUTHORIZED, AND JUNK VEHICLES Sections: 10.36.010 Authority and Purpose. 10.36.020 Summary Removal Procedures. 10.36.030 Nuisance Abatement Procedures. 10.36.040 Additional impound situations. 10.36.050 Form for authorization of impound. 10.36.060 Administrative hearing officer and appeal. 10.36.070 Nonexclusive remedy. 10.36.010 Authority and Purpose: A. RCW Chapter 46.55 and RCW 46.55.240, as now enacted or hereafter amended, provide the authority for the city to adopt laws relating to the removal of junk vehicles, parts thereof and automobile hulk. It is the intent of the city that the greatest possible powers be granted to the city Code Enforcement Officer and/or its Police Department to facilitate the removal of junk vehicles from private property within the city. B. The keeping of junk vehicles or parts thereof or automobile hulks on public or private property within the corporate limits of the city is declared to be a public nuisance, except as provided for herein. Such public nuisance may be abated as provided in Chapter 8.14. 10.36.020 Summary Removal Procedures: A. Upon discovery of a junk vehicle, parts thereof, or automobile hulk as defined in RCW Chapter 46.55, as now enacted or hereafter amended, the Building Official or the Police Department may contact the landowner, as defined in RCW 46.55, as now enacted or hereafter Document Ref: MFAAH-KEH9B-ABQNA-RYEZ9 Page 1 of 6 amended, where the junk vehicle, parts thereof, or automobile hulk is located, and determine if the landowner claims any ownership interest in or bailment responsibility for the junk vehicle, parts thereof, or automobile hulk. If the landowner claims no ownership or bailment interest, the Building Official or Police Department shall have the landowner execute a statement to that effect under penalty of perjury. B. If the landowner claims an ownership interest or bailment responsibility for the junk vehicle, parts thereof, or automobile hulk located upon his property, the Building Official or the Police Department may proceed to deal with the junk vehicle, parts thereof, or automobile hulk as provided in Section 10.36.030 below. C. Upon execution by the landowner of the statement of no ownership or bailment interest in the junk vehicle, parts thereof, or automobile hulk, the Building Official or Police Department shall cause a notification (junk vehicle) form to be mailed to the vehicle’s registered legal owner of record by certified mail. Additionally, the notification shall inform the owner of the city’s intent to dispose of the junk vehicle, parts thereof, or automobile hulk. If the junk vehicle, parts thereof, or automobile hulk remains unclaimed more than fifteen (15) days after the junk vehicle notification form was mailed, the Building Official or Police Department may have the junk vehicle, parts thereof, or automobile hulk removed with notice to the Washington State Patrol and the Department of Licensing that the junk vehicle has been wrecked. D. If no information on the owner of the junk vehicle, parts thereof, or automobile hulk is available after the landowner has executed the statement of no ownership or bailment interest, the Building Official or Police Department may place a legal notice of custody and sale in the official newspaper of the city. This notice shall comply with RCW 46.55.230(5), as now enacted or hereafter amended, and shall additionally inform the owner of the city’s intent to dispose of the junk vehicle, parts thereof, or automobile hulk. If the junk vehicle, parts thereof, or automobile hulk remains unclaimed more than twenty (20) days after publication of the notice, the Building Official or Police Department may have the junk vehicle, parts thereof, or automobile hulk removed with notice to the Washington State Patrol and Department of Licensing that the junk vehicle has been wrecked. 10.36.030 Nuisance Abatement Procedures: A. If a land owner claims an ownership interest or bailment responsibility for a junk vehicle, parts thereof or automobile hulk, located on his property, upon contact by the Code Enforcement Officer or Police Department as provided in subsection 10.36.020(B) above, the matter shall be referred to the Building Official for possible further action. B. The Code Enforcement Officer or Police Department may inform any land owner keeping a junk vehicle, parts thereof, or automobile hulk within the city, in any zone, that such vehicle is a public nuisance and said nuisance must be abated by the land owner within fifteen (15) days or the city will proceed to abate the nuisance by removal of the junk vehicle, parts thereof, or automobile hulk from the land owner’s property and the costs of such removal Document Ref: MFAAH-KEH9B-ABQNA-RYEZ9 Page 2 of 6 including administration costs shall be charged against the land owner and/or the last registered owner of the automobile hulk, junk vehicle, or parts thereof, unless the owner, in the transfer of ownership of the vehicle or automobile hulk, has complied with RCW 46.12.101. The Code Enforcement Officer shall issue a Notice of Violation and Order to Correct as provided in Chapter 1.20 and in compliance with the provisions of this chapter. This notice shall be delivered to the last registered owner of the junk vehicle, parts thereof, or automobile hulk and to the property owner of record by certified mail, with a five (5) day return receipt requested. Such notice shall also inform the registered owner and the land owner of the right to request a hearing to contest the city’s proposed removal of the junk vehicle, parts thereof, or automobile hulk. C. Such notice shall be in substantially the form provide for in Chapter 1.20 and shall include the following additional or differing language: All of you are informed such junk vehicle(s), parts thereof, or automobile hulk(s) is a public nuisance and unless such nuisance is abated as provided by Moses Lake Municipal Code Chapter 10.36, the City of Moses Lake will proceed to abate such public nuisance by removal of the listed junk vehicle(s), parts thereof, or automobile hulk(s) fifteen (15) days after the date of this notice. Cost of such removal, including administrative costs, will be charged against the registered owner, unless the owner can demonstrate compliance with RCW 46.12.101 at the time of transfer of ownership, and/or against the land owner. You may request a hearing before the judge of the Municipal Department of the District Court to contest the city’s determination that your junk vehicle(s), parts thereof, or automobile hulk(s) is a public nuisance and the abatement thereof, or that you are legally responsible for the junk vehicle(s), parts thereof, or automobile hulk(s) described above. To request this hearing, one of you must notify the Police Chief of the City of Moses Lake in writing at the address below, within ten (10) days of the date of this notice. If you do not request a hearing, the junk vehicle(s), parts thereof, or automobile hulk(s) will be removed by the City of Moses Lake and the costs thereof, including administrative costs, shall be assessed against all or any one of you. Police Chief City of Moses Lake P.O. Box 1579 Moses Lake, WA 98837 D. If either the last known registered owner of the junk vehicle, parts thereof, or automobile hulk or the land owner requests a hearing to contest the city’s determination that the junk vehicle, parts thereof, or automobile hulk constitutes a public nuisance and the abatement thereof, or that either or both the registered owner and land owner is legally responsible for the junk vehicle, parts thereof, or automobile hulk, such hearing shall be conducted after a written notice of the date, time, and place of such hearing is mailed, by certified mail, with a five (5) day return receipt requested, 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 Document Ref: MFAAH-KEH9B-ABQNA-RYEZ9 Page 3 of 6 identification numbers are not available to determine ownership. Such hearing shall be held within thirty (30) days of receipt of a written request for a hearing. No action shall be taken to remove the junk vehicle, parts thereof, or automobile hulk during the pendency of a hearing except pursuant to a court order. The land owner may appear in person at said hearing or present a written statement in time for consideration at said hearing, and deny responsibility for the presence of the vehicle on the land, with his reasons for the denial. E. After the expiration of the fifteen (15) days provided for in the notice to the registered owner and land owner above, if no hearing has been requested, or after a hearing, if requested, the Building Official may proceed to have the junk vehicle, parts thereof, or automobile hulk removed and the costs of such removal including administrative costs shall be taxed against the registered owner and/or land owner jointly and severally. F. The provisions of this chapter shall not apply under the following conditions: 1. If a vehicle or part thereof 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. If a vehicle or part thereof is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler or licensed vehicle dealer and is fenced according to RCW 46.80.130. 10.36.040 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 MLMC 8.52.040, 12.36.040(B)(5, 9), 10.12.020, 10.12.025, 10.12.035, 10.12.037, 10.12.038, 10.12.040, 10.12.045, 10.12.050, 10.12.060, 10.12.070, 10.14.050, 10.16.010, 10.16.015, and 10.16.020. (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; Document Ref: MFAAH-KEH9B-ABQNA-RYEZ9 Page 4 of 6 (d) The vehicle is stopped, standing, or parked in a public right-of-way at a location posted “no parking” pursuant to MLMC 10.12.030; or (e) The vehicle is parked in violation of any city ordinance, and has been issued three or more notices for traffic infractions under MLMC Title 10, none of which have been responded to in accordance with MLMC 10.12.090 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 Moses Lake Municipal Department of the Grant County District Court as authorized by MLMC 10.36. 060. (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. 10.36.050 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 Moses Lake 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. 10.36.060 Administrative hearing officer and appeal. Document Ref: MFAAH-KEH9B-ABQNA-RYEZ9 Page 5 of 6 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 Moses Lake 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 Moses Lake Municipal Department of the Grant County District Court. If a notice of appeal is not filed with the Grant County District Court within 30 days of the date of the final decision of the hearing officer, the right to appeal is waived. 10.36.070 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. Section 2. Effective Date. This ordinance shall take effect and be in force five (5) days after its passage and publication of its summary as provided by law. Adopted by the City Council of the City of Moses Lake, WA and signed by its Mayor on May 23, 2023. _____________________________________ Don Myers, Mayor ATTEST: _______________________________________ Debbie Burke, City Clerk APPROVED AS TO FORM: _______________________________________ Katherine L. Kenison, City Attorney Martinez Swartz Myers Fancher Madewell Eck Skaug Vote: Aye Aye Aye Aye Aye Absent Aye Date Published: May 30, 2023 Date Effective: June 4, 2023 Document Ref: MFAAH-KEH9B-ABQNA-RYEZ9 Page 6 of 6 Signature Certificate Reference number: MFAAH-KEH9B-ABQNA-RYEZ9 Document completed by all parties on: 26 May 2023 15:36:46 UTC Page 1 of 1 Signer Timestamp Signature Katherine Kenison Email: kkenison@basinlaw.com Recipient Verification: Sent:25 May 2023 20:45:27 UTC Viewed:25 May 2023 21:27:10 UTC Signed:25 May 2023 21:27:32 UTC ✔Email verified 25 May 2023 21:27:10 UTC IP address: 173.209.171.7 Location: Moses Lake, United States Mayor Don Myers Email: dmyers@cityofml.com Recipient Verification: Sent:25 May 2023 20:45:27 UTC Viewed:26 May 2023 13:26:12 UTC Signed:26 May 2023 13:26:53 UTC ✔Email verified 26 May 2023 13:26:12 UTC IP address: 67.21.180.215 Location: Moses Lake, United States Debbie Burke Email: dburke@cityofml.com Recipient Verification: Sent:25 May 2023 20:45:27 UTC Viewed:26 May 2023 15:36:26 UTC Signed:26 May 2023 15:36:46 UTC ✔Email verified 26 May 2023 15:36:26 UTC IP address: 63.135.54.162 Location: Moses Lake, United States Signed with PandaDoc PandaDoc is a document workflow and certified eSignature solution trusted by 40,000+ companies worldwide.