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1 ORDINANCE NO. �j L
2
AN ORDINANCE of the City of Kent, Wash- .._............. .
3 ington repealing Kent City Ordinance 1594
(April, 1969), defining a "Abandoned Motor
4 Vehicle" and prescribing the manner for _.
impounding such abandoned motor vehicles
5 and disposal thereof.
6
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DO
7
ORDAIN AS FOLLOWS:
8
Section 1. Kent City Ordinance 1594passed the 21st day
9
of April, 1969 is hereby repealed in its entirety.
10
Section 2. This Ordinance is based upon Chapters 46.12
11
and 46.52 and 60.62 of the Laws of the State of Washington and also
12
upon the provisions of Chapter 42 HouseBill No. 69, Extraordinary
13
Session of the 1969 Washington State Legislature.
14
Section 3. An "abandoned vehicle" for the purposes of
15
this Ordinance shall mean any vehicle left within the City Limits
16
of any highway or upon the property of another within the City
17
Limits of the City of Kent without the consent-of the owner of such
18
property for a period of twenty-four (24) hours or longer except
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that a vehicle shall not be considered abandoned if its owner or
20
operator is unable to remove it from the place whxe it is located
21
and so notifies law enforcement officials and requests assistance.
22
A "abandoned automobile hulk" for the purposes of this chapter shall
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mean the abandoned remnant or remains of the motor vehicle which is
24
inoperative and cannot be made mechanically operative without the
25
addition of vital parts of mechanisms and the application of a
26
substantial amount of labor to effect repairs.
27
Section 4. The abandonment of any vehicle or automobile
28
hulk shall constitute a prima facie presumption that the last owner
29
of record is responsible for such abandonment and thus liable for
30
any costs incurred in removing, storing and disposing of such
31
motor vehicle or automobilehulk. A registered owner who has
32
-1-
I complied with the requirements of Washington State Law in the
2 transfer of ownership of any such vehicle or hulk shall be relieved
3 of liability under this section.
4 Section
5. Any vehicle
impounded pursuant to the pro -
5 visions of this Ordinance
and left
unclaimed for a period of
6 fifteen (15) days
shall be deemed
to be an abandoned vehicle and at
7 the expiration of
such period said
vehicle shall be deemed to be in
8 the custody of the
Sheriff of King
County and the King County
8
Sheriff shall
deliver the vehicle to a tow truck operator who
10
shall dispose
of such vehicle in the manner provided in
Chapter 42
11
House Bill No.
769 of the 1969 Extraordinary Session of
the Wash -
i2
,ington State
Legislature; provided that if the vehicle
is of a
13
model year 10
or more years prior to the calendar year
in which
14
such vehicle
is stored the Sheriff may be authorized to
declare
15 such vehicle is a public nuisance and may dispose of such vehicle
16 without notice of sale and in such case the Director of Motor
17 Vehicles shall issue an appropriate Bill of Sale to the tow truck
18 'operator to dispose of the vehicle as he may determine.
18 Section 6. The Chief of Police of the City of Kent or a
20 police officer designated by him may cause the abatement and re -
21 moval as public nuisances of abandoned, wrecked, dismantled or
22 inoperative vehicles or automobile hulks or parts thereof from
23 private property not including highways and the costs of such
24 removal may be assessed against the last registered owner of the
25 vehicle or automobile hulk if the identity of such owner can be
26 determined unless such owner in the transfer of ownership of such
27
,vehicle
or automobile
hulk has complied with the laws pertaining
28
thereto
of the State
of Washington or the costs may be assessed
28
against
the owner of
the property on which the vehicle is stored
30
;provided
that the following
procedures are complied with:
31
(a) Notice
of any such abatement or removal of any
32
such uncle
shall be
given to the last registered owner of record
-2-
I of such vehicle and the property owner of record that a public
2 hearing may be requested before
the governing body of
the City of
3 Kent, Washington and that if no
hearing is requested
the vehicle
4 or automobile hulk will be removed.
5 (b) If thereafter a request for a hearing is received
6 a notice giving the time, location and date of such hearing on the
7 question of abatement and removal of the vehicle or part there of
8
as a
public nuisance shall
be mailed by certified or
registered
8
mail
with/die five (5) day
return requested to the owner of the
10
land
as shown on the last
equalized assessment roll
and to the
11
last
registered and legal
owner of record unless the
vehicle
12
is in
such condition that
identification numbers are
not available
13
to detemine
ownership.
14 (c) The provisions of this Ordinance sha11 not apply to
15 (1) a vehicle or part thereof which is completely enclosed within a
16 building in a lawful manner where it is not visible from the street
17 or other public or private property or (2) a vehicle or part thereof
18 which is stored or parked in a lawful manner on private property
18 in connection with the business of a licensed dismantler, licensed
20 vehicle dealer, fenced according to the provisions of RCW 46.80.130
21 of the Laws of the State of Washington.
22 (d) The owner of the land on which any such vehicle is
23 located may appear in person at the hearing or present a written
24 statement in time for consideration at the hearing and deny
25 responsibility for the presence of the vehicle on the land with his
26 reasons for such denial. If it is determined at the hearing that
27 the vehicle was placed on the land without the consent of the land
28 owner and that he has not subsequently acquiesced in its presence
28 then the City of Kent shall not assess costs of administration or
30 removal of the vehicle against the property on which the vehicle
31 is located or otherwise attempt to collect such costs from the
32 -3-
1 owner.
2 (e) After notice has been given of the intent of the
3 City of Kent to dispose of the vehicle and after a hearing if
4 ',requested has been held the vehicle or part thereof shall be re -
5 moved at the request of the Kent Chief of Police or an officer
6 designated by him and disposed of to a licensed auto wrecker with
7 notice to the Washington State Patrol and the Department of Motor
8 Vehicles that the vehicle has been wrecked.
9 Section 7. Whenever any owner or person having
10 Possession or control of real property finds a vehicle standing
11 upon his property without his consent he is authorized to have
12 such vehicle removed from said property and stored or held for its
13 owner. Any towing firm providing such removal service shall
14 promptly report the fact of the vehicle impound together with the
15 license number, make, year and place of impound of such vehicle
16 to the appropriate law enforcement agency and shall post the
17 authorized charges therefor prominently at its place of business
18 and the charges and costs incurred in the removal of any such
19 vehicle as aforementioned shall be paid by such vehicle's owner
20 and shall be a lien upon said vehicle until paid, said lien may
21 be enforced as otherwise provided by law for the enforcement of
22 towing or storage liens or liens generally.
23 Section8. This Ordinance shall take effect and be in
24 force within five (5) days after its passage, approval.and
25 publication as provided by law.
26
27
ALEX THORNTON, Mayor
28
Attest:
29
30�Ro-,.ti2�
,'MARIE JENSE , Fity Clerk
31
32 -4-
I Approved as to form:
3 J
JOHN BEREITER, City Attorney
4 /
5
g passed this o4 day of 1969.
Approved this r— day of 1969.
7 published this / day of 1969.
8
I hereby certify that this is a true copy of Ordinance
8 No, passed by the City Council of the City of Kent
and approved by the Mayor of the City of Kent as hereon
10 indicated.
'= (SEAL)
�4 MARIE JENSE City Cle k