Loading...
1716 - Ordinance - Establishing and Providing for TowingORDINANCE NO. 1716 .k AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, ESTABLISHING AND PROVIDING FOR TOWING OF ANY VEHICLE WHICH HAS ACCRUED TWO HUNDRED DOLLARS ($200.00) OR MORE IN UNPAID PARKING FINES AND PENALTIES. THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON DOES ORDAIN AS FOLLOWS: SECTION 1. Declaration - Parking Violator Any vehicle which has accrued two hundred dollars ($200.00) or more in unpaid parking fines and penalties shall be declared a parking violator in that said vehicle has repeatedly inhibited the orderly movement of vehicles into parking spaces on the streets of the city, created an obstruction to traffic, and restricted public access to limited parking spaces in the city and created a disincentive to others to obey the city's parking ordinances. SECTION 2. Notification of hearing for declaration of vehicle as parking violator Whenever any vehicle shall have been declared a parking violator as per this ordinance, the City shall send to the registered and legal owners of said vehicle as shown by the records of the State of Washington Department of Licensing a notification of hearing on the issue of whether said vehicle constitutes a parking violator as defined in section 1. Notification of hearing on the issue of whether said vehicle constitutes a parking violator shall be sent by first class mail. Said notification shall include the following information: (1) The license number of vehicle; (2) The name of the registered owner of the vehicle as shown by the records of the Washington State Department of Licensing; (3) The date and nature of each violation which will form the basis of the declaration of the vehicle as a parking violator; (4) A statement that the vehicle will be declared a parking violator unless (a) All outstanding citations and unpaid penalties for violation of the parking ordinance of the city are paid prior to the hearing date, or (b) A request for hearing is filed, no later than 15 calendar days after date of mailing, with the municipal court. (5) A statement that if the vehicle is declared a parking violator it will be subject to immobilization pursuant to this chapter; (6) The address and telephone number where additional information may be obtained. Ordinance No. 1716 Page 2 of 5 SECTION 3 Municipal court judge administrative hearing examiner. (1) Authority. The city's municipal court judge and any judge protein is hereby specifically authorized to conduct hearings as set forth in this chapter, as an administrative hearing examiner. (2) Jurisdiction. The hearing examiner will be responsible for presiding over all hearings required by this chapter as well as other additional administrative matters over which he/she may be requested to preside. (3) Powers. For purposes of this chapter, the hearing examiner shall have the power to: (a) Administer oaths and affirmations, examine witnesses and receive evidence; (b) Issue subpoenas upon the request of any party. The city attorney and the attorney of record are also authorized to issue subpoenas. When so required, the applicant for the subpoena shall show to the satisfaction of said individual the general relevance and reasonable scope of the evidence sought; (c) Rule on offers of proof and receive relevant evidence; (d) Hold conferences for the settlement or simplification of the issues by consent of the parties; (e) Make decisions which can be incorporated into findings of fact, conclusions of law and order of the municipal court judge and enter orders of default and consent orders: (f) Appoint a protein to act in the judge's absence; and (g) Establish rules and procedures to conduct hearings consistent herewith. SECTION 4. Hearing on declaration of vehicles as parking violator. (1) Upon receipt of a timely request for hearing the hearing examiner shall promptly set a hearing within 21 days. The parties shall be notified promptly of the result. (2) The hearing examiner shall enter a finding of parking violator only upon making the following determinations. (a) The identity of the registered and legal owners of the vehicle as shown by the records of the Washington Department of Licensing. (b) The identity of the cited vehicle including the license number of said vehicle. (c) That the vehicle has accrued two hundred dollars ($200.00) or more in unpaid parking fines and penalties. (d) That there are not defenses or extenuating and mitigating factors justifying a finding that the vehicle was not a parking violator. Ordinance No. 1716 Page 3 of 5 SECTION 5. Order of immobilization of vehicle. (1) If the registered or legal owner fails to request a hearing within fifteen (15) calendar days of the date of mailing of the notice of hearing for declaration of vehicle as parking violator, the hearing examiner shall issue a written order declaring the vehicle a parking violator and directing the city's police department and parking enforcement officers to immobilize said vehicle. (2) If the hearing examiner shall make a finding that the vehicle is a parking violator as defined in Section 1, the municipal court shall issue a written order declaring the vehicle a parking violator and directing the city's police department and parking enforcement officers to immobilize said vehicle. SECTION 6. Immobilization of the vehicle. (1) Upon the order of the hearing examiner directing immobilization of a vehicle, an officer, employee, or agent of the city may temporarily immobilize such vehicle by installing on, or attaching to such vehicle, a device designed to restrict the normal movement of such vehicle. At the time the vehicle is immobilized, the city shall cause to be affixed to said vehicle a readily visible notification sticker. Said sticker shall include the following information. (a) The date and time the sticker was affixed. (b) The identity of the officer, employee or agent of the city who immobilized the vehicle. (c) A statement that the vehicle has been immobilized by the city for unpaid parking fines and penalties. (d) A statement that the vehicle may be released from such immobilization at a designated place by the payment of the designated total of unpaid parking violations penalties plus a twenty-five dollar immobilization fee. (e) A statement that unless arrangements are made for the release of said vehicle within twenty-four hours the vehicle will be towed. (f) A warning that removing or attempting to remove the device before a release is obtained is unlawful; and (g) The address and telephone number and office hours when additional information may be obtained. (2) Copies of this notification shall be mailed to the registered owner and legal owner of the vehicle at the address shown on the records of the Washington State Department of Licensing. (3) The parking restrictions otherwise applicable shall not apply to any vehicle immobilized pursuant to this section. Ordinance No. 1716 Page 4 of 5 SECTION 7. Immobilization Fee. Any vehicle immobilized shall be assessed a twenty-five dollar immobilization fee, said fee to be in addition to any other penalty assessed pursuant to this chapter. SECTION B. Release from immobilization. No vehicle immobilized shall be released from the device until payment of the total of unpaid parking violation penalties determined owing by the city, plus the twenty-five dollar immobilization fee assessed pursuant to Section 7 have been paid or a cash bond in an amount equal to the sum of said penalties and immobilization fee has been posted as directed by the municipal court. SECTION 9. Towing of immobilized vehicle. If no one shall respond to the immobilization of a vehicle within twenty-four hours of affixing of the immobilization device said vehicle shall be towed at the expense of the registered or legal owner. Said vehicle shall not be released until full payment of all parking penalties and immobilization fee has been paid. The registered or legal owner shall be responsible for payment of all towing and storage fees. SECTION 10. Procedure at contested cases In all contested cases: (1) The hearing examiner shall ensure that all interested parties are given proper notice of hearings. (2) The hearing examiner may admit and give probative effect to evidence which possesses probative value commonly accepted by reasonably prudent men in the conduct of their affairs. The hearing examiner shall give effect to the rules of privilege recognized by law. The hearing examiner may exclude incompetent, irrelevant, immaterial and unduly prejudicial or repetitive evidence. (3) Every party shall have the opportunity to cross-examine witnesses who testify and shall have the right to submit rebuttal evidence. The hearing examiner may take notice of judicially recognizable facts. (4) All evidence including, but not limited to, records and documents in the possession of the hearing examiner of which he/she desires to avail himself/herself shall be offered and no other factual information or evidence shall be considered in the determination of the case. Documentary evidence may be received in the form of copies or excerpts or by incorporation by reference; SECTION 11. Judicial Review (1) Any party aggrieved by a final decision of the hearing examiner in a contested case is entitled to review thereof in the Kitsap County Superior Court. (2) Proceedings for review under this section shall be instituted by filing a Ordinance No. 1716 Page 5 of 5 petition in the superior court. All petitions shall be filed within thirty days after final decision of the Hearing Examiner. Copies of the petition shall be served on the city as in civil actions. (3) The filing of the petition shall not stay enforcement of the hearing examiner's decision except by order of the municipal court and on posting of a bond to be determined by the municipal court naming the city as beneficiary. (4) The review shall be conducted by the court without a jury. The review shall be de novo unless provided otherwise by ordinance. (5) The court may affirm the decision of the hearing examiner or remand the case for further proceedings; or it may reverse the decision if the substantial rights of the petitioners may have been prejudiced because the administrative findings, inferences, conclusions or decisions are: (a) In violation of constitutional provisions; or (b) In excess of statutory authority. SECTION 12. Rules and regulations. The municipal court and the city police department are authorized to promulgate rules and regulations necessary to administer this chapter and to receive and account for all sums paid under this chapter. SECTION 13. Severability If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of the title, or the application of the provisions to other persons or circumstances is not effected, and to this end, the provisions of this title are declared to be severable. PASSED by the City Council of the City of Port Orchard and signed by the Mayor and attested by the Clerk in authentication of such passage this 23rd ay of March, 1998. Leslie J. Weatherill, Mayor ATTEST• Pat icia Parks, City Clerk APPROVED AS TO FORM: SPONSORED BY: City Attorney Councilman Clauson 0 NOTICE OF CITY OF PORT ORCHARD ORDINANCE The following is a summary of an Ordinance approved by the Port Orchard City Council at their regular Council meeting held March 23, 1998. ORDINANCE NO. 1716 � AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, ESTABLISHING AND PROVIDING FOR TOWING OF ANY VEHICLE WHICH HAS ACCRUED TWO HUNDRED DOLLARS ($200.00) OR MORE IN UNPAID PARKING FINES AND PENALTIES. Copies of Ordinance No. 1716 are available for review at the office of the City Clerk of the City of Port Orchard. Upon written request a statement of the full text of the Ordinance will be mailed to any interested person without charge. Thirty days after publication, copies of Ordinance No. 1716 will be provided at a nominal charge. City of Port Orchard Michelle Merlino Deputy Clerk Publish: Port Orchard Independent April 1, 1989