Ordinance - 1994 - 247 - Abandoned Vehicles - 07/19/1994ORIGINAL
ORDINANCE NO. 247
AN ORDINANCE OF THE CITY OF EAGLE, A.DA COUNTY, IDAHO, REPEALING
SECTION 5-4-3, EAGLE CITY CODE, ENTITLED "REMOVAL OF ABANDONED
VEHICLE;" ENACTING A NEW CHAPTER, CHAPTER 6 OF TITLE 4, EAGLE CITY
CODE, TO PROHIBIT THE ACCUMULATION OF REFUSE ON PROPERTY WITHIN THE
CITY AND TO AUTHORIZE THE CITY TO CLEANUP SUCH REFUSE UPON FIVE DAYS
NOTICE; TO PROHIBIT~ THE ABANDONMENT OF MOTOR VEHICLES WITHIN THE
CITY AND TO PROVIDE FOR THE REMOVAL AND STORAGE OF SUCH VEHICLES BY
THE CITY; TO PROVIDE DEFINITIONS, PROCEDURES AND PENALTIES FOR
VIOLATIONS FOR ACCUMULATION OF REFUSE AND ABANDONMENT OF MOTOR
VEHICLES; AND PROVIDING AN EFFECTIVE DATE
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF EACI F,
ADA COUNTY, IDAHO, as follows:
Section 11 That Section 5-4-3, Eagle City Code, bc, and the same hereby is, repealed.
Section 2: That a new chapter, Chapter 6, of Title 4, Eagle City Code, be, and the
same hereby is, enacted to read as set forth as follows:
REFUSE AND ABANDONED MOTOR VEHICLES
SECTION:
4-6-1: Short Title
4-6-2: Purpose
4-6-3: Definitions
4-6-4: Grant of Authority to Employ Labor
4-6-5• Refine Prohibited
4-6-5 - 1: Accumulation of Refuse and Charge Against Property
4-6-5 - 2: City to Cause Clean Up of Refuse and Charge Against Property
4-6-5 - 4: Each Five Days Separate Offense
4-6-6: Abandoned Motor Vehicles
4-6-6 - 1: Abandonment Prohibited
4-6-6 - 2: Presumption
4-6-6 - 3• Removal of Stolen Vehicles or Vehicles Found Under Emergency
Circumstances
4-6-6 - 4: Removal of Abandoned Vehicles by Authorized Officer
4-6-6 - 5: Post -Storage Hearing
4-6-6 - 6: Removal of Unauthorized and Abandoned Vehicle from Real
Property
4-6-6 - 7: Charges Not Otherwise Provided For
4-6-6 - 8: Storage of Vehicle
4-6-6 - 9: Request by Possessory Lien Holder for Names and
Addresses of Interested Persons - Notice of Sale to Satisfy
Lien
4-6-6 -10: Sale of Unclaimed Vehicles
4-6-6 -11: Claiming of Abandoned Vehicles
4-6-6 -12: Removal Without Payment Provided
4-6-1: SHORT Tfl'LE: This Ordinance shall be know as the REFUSE AND
ABANDONED MOTOR VEHICLE ORDINANCE
4-6-2: PURPOSE: This Ordinance is intended to help solve the problems
created by refuse deposited or left upon private and public property within the City.
4-6-3: DEFINITIONS:
ABANDON: To leave a vehicle on private property without the permission of
the person having rights to the possession of the property, or on a
highway, street, alley, road, or other property open to the public
for the purposes ofvehicular traffic or parking, or upon or within
the right-of-way of any highway, street, alley, or road for twenty-
four (24) hours or longer.
ABANDONED VEHICLE: Any vehicle observed by a City law enforcement officer or reported
by a member of the public to have been left within the limits of any
highway, street, alley, road, or right-of-way thereof; or upon the
property of another without the consent of the property owner for
a period of twenty-four (24) hours or longer, except that a vehicle
halt not be considered abandoned if its owner -operator is unable to
remove it from the place where it is located and has notified a law
enforcement agency and requested assistance.
JUNK VEHICLE: Any vehicle which:
(A) Does not meet the vehicle equipment standards of chapter 9,
title 49, of the Idaho Code as a result of damage or neglect, unless
the vehicle is driven on the City streets and roadways on a regular
basis; and (B) Is not in the cxurent process of being restored or
repaired by its ownei(s).
(Comment. This is a distinct and separate classification from
abandoned vPhicle. Abandoned vehicles are vehicles belonging to
one person and le$ on he property of another person or political
subdivision. Junk vehicles fail to conform to vehicle equipment
standards and are not in the process of repair and restoration. One
way a violation of Section 4-6-5-1 of this Ordinance occurs is
REFUSE:
where a junk vehicle is left by its owner on property of the vehicle
owner.)
Undesirable matter including, but not limited to: all waste wood,
tree trimmings, grass cuttings, dead plants, weeds, leaves, dead
trees, chips, shavings, sawdust, printed matter, paper, used and
discarded articles of clothing, combustible waste pulp, boxes and
packaging materials, glass, ashes, construction debris, garbage,
stable matter, junk or badly weathered building materials not
currently m use, stoves, refrigerators, washers, dryers, furniture,
mattresses, scrap metals, car parts, tires and junk vehicles.
UNAUTHORIZED Any vehicle parked or otherwise left am private property without
VEHICLE: the consent of the person owning or controlling that property.
4-6-4: GRANT OF AUTHORITY TO EMPLOY LABOR: The Mayor and City Council
are hereby given the power and authority to employ such labor as is necessary to carry out the
provisions of this Ordinance and allow the bills therefor.
4-6-5: REFUSE PROHIBITED:
4-6-5-1: ACCUMU 4TION OF REFUSE PROHIBITED:
(A) Every person residing, doing business, owning, managing, renting, or leasing property
within the City buts shall be required to keep that property free from any accumulation or
scattering of refuse (see definition of refuse, Section 4-6-3). This shall not only include all
refuse on private property, but also any refuse blown from or scattered from private
property onto public property adjacent to or contiguous with that property including
areas behind curbs, sidewalks, parking areas, and property to the center of alleys and
ditches
(B) The storage of automobiles in various states of disrepair by authorized auto salvage
companies is exempt from subsection (A) of this Section as it pertains to the automobiles
used in the auto salvage business.
(C) It is not a violation of subsection (A) of this Section for the owner(s) of junk vehicles
to store those vehicles in an enclosed garage or to store the vehicles in such a manner
that they are screened from view of the street and any neighbors.
4-6-5-2: CITY TO CAUSE CLEANUP OF REFUSE AND CHARGE AGAINST
PROPERTY: Every person owning, managing, occupying, renting, leasing or using
property within the City limits shall keep that property continuously free of refuse. The Mayor
with the consent of the City Council, after five (5) days' notice, may oause the removal and
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disposal of refuse as often as necessary on lots, lands, or premised not ix compliance. The
expense of such work shall be billed to the property owner involved and if not paid within thirty
(30) days, assessed against the property involved as general taxes and collectible as other State,
County and Municipal taxes.
4-6-5-3: PENALTY FOR VIOLATIONS: Any person owning, rvanaging, or occupying any
lots, lands or premises within such incorporated limits of the City who shall, after notice, fail,
refuse or neglect to continuously keep the property they control free from refuse in a manner
prescaed in Section 4-6-5-1 shall be deemed guilty of a misdemeanor. The Building Inspector or
his/her designee shall have the authority to issue a ticket to violators of Section 4-6-5-1.
Any person convicted of a violation of Sections 4-6-5-1 through 4-6-5-2 of this Ordinance shall
be fined in a sunt not loss than one hundred dollars ($100.00) and not to exceed three hundred
dollars ($300.00) for any one offense and such person may be confined in jail for a period of not
more than thirty (30) days. Either or both such fine and imprisonment may be imposed.
In addition to the above criminal penalties, should the City cause removal and disposal of refuse
or other items as often as necessary on lots, lands, or premises not in compliance, such work shall
be billed, and paid at one hundred percent (100%) of actual expense, to the property owner
involved. Should the City incur attorney fees and costs to cause the removal and disposal of said
refuse, such attorney fees and costs will be billed and paid at one hundred percent (100%) of
actual expense, by the property owner involved. The Court shall order payment to the City of the
above cost as a condition of any probation granted in a criminal proceeding. Failure of a
defendant to pay within the prescribed period may be enforced by the City within the Courts.
4-6-5-4: EACH FIVE DAYS SEPARATE OFFIENSE: Each and every (5) days any such
person mentioned and described herein shall fail, refuse or neglect to comply with the provisions
of Sections 4-6-5-1 through 4-6-5-3 of this Ordinance shall constitute a separate and distinct
offense against the provisions of this Ordinance and each of such separate offenses shall be
punishable as provided by the provisions of Section 4-6-5-3.
4-6-6: ABANDONED MOTOR VEHICLES:
4-6-6-1: ABANDONMENT PROHIBITED:
(A) No person shall abandon a vehicle upon any highway, street, alley, roadway, or right-of-
way thereof
(B) No person shall abandon a vehicle upon public or private property without the express
or implied consent of the owner or person in lawful possession or control oftbe property.
(C) Any person convicted of a violation of this Section shall be fined in a sum not less than
one hundred dollars ($100.00) and not to exceed three hundred ($300.00) for any one
4
offense and such person may be confined in jail for a period of not more than thirty (30)
days. Either or both such fine and imprisonment may be imposed.
4-6-6-2: PRESUMFHON: The abandonment of any vehicle shall create a presumption that the
last registered owner of record is responsible for the abandonment and is thereby liable for the
cost of removal and disposition ofthe vehicle.
4-6-6-3: REMOVAL OF STOLEN VEHICLES OR VEHICLES FOUND UNDER
EMERGENCY CLRCUMSTANCFS:
(A) Any City law enforcement officer, upon discovery of a vehicle reported as stolen and
not recovered or any vehicle involved in any extraordinary circumstances, may take the
vehicle into custody and cause it to be taken to and stored in a suitable place, or may
cause the vehicle to be placed in the custody of a tow truck operator, all expenses of
towing and storage to be those of the vehicle owner unless otherwise deteithiued
according to the provisions of subsection 4-6-5-5(E) of this Ordinance
(B) Within forty-eight (48) hours of the time that the vehicle is taken into custody and
is stored pursuant to this Ordinance, the City shall give written notice by certified mail
to the registered and legal owners of the vehicle, if known. The notice shall state:
1. That the vehicle has been taken into oustody and stored; and
2. The location of storage of the vehicle.
(C) The City shall appraise the vehicle and shall include in the notice: identification of the
officer, location of the vehicle; a description of the vehicle, including make, year, model,
identification number, license number, state of registration and, if a motorcycle, engine
number; and the statutory authority for storage.
4-6-6-4: REMOVAL OF ABANDONED VEHICLES BY AUTHORIZED OFFICER: Any
City law enforoement officer within the City where a vehicle is located, who has reasonable
grounds to believe that the vehicle has been abandoned, may remove the vehicle from a highway,
street, alley, roadway, or right-of-way thereof, or from public or private property to a garage or
place of safety.
Upon discovery of an abandoned vehicle which is not within the class of vehicles defined under
"emergency circumstances" in Section 4-6-5-3, a City law enforcement officer shall attach on the
vehicle, in plain view, a notice that this vehicle will be towed away at the expiration of forty-eight
(48) hours as an abandoned vehicle. The notice shall contain the name of the City law
enforcement officer who prepared the notice; the name of the City of Eagle; the time and date of
attaching the notice; the time and date after the vehicle will be removed; and the telephone
number and address at the City where further information can be obtained. A reasonable attempt
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shall be made to notify, by telephone, the owner of any vehicle which has current license plates
and registration as shown on the records of the Idaho Transportation Department, prior to the
expiration of the forty-eight (48) hour notice period, of the location of the vehicle and the time
and date of intent to remove the vehicle. The inability of a City law enforcement officer to notify
the owner shall not preclude the removal ofthe vehicle at the expiration of the forty-eight (48)
hour period.
Any vehicle which does not have current or any license plates attached may be immediately
removed to a safe place of storage.
4-6-6-5: POST -STORAGE HEARING:
(A) Whenever a City law enforcement officer directs the towing or storage of a vehicle, except
vehicles inzpoumded for investigation pursuant to Section 4-6-5-3 of this Ordinance (the
emergency removal provision), the City shall provide the vehicle's registered and legal
owner(s) of record, or their agents, with the opportunity for a post -storage hearing to
determine the validity of the storage.
(B) A notice of the storage 'hall be sent by certified mail to the registered and legal owner(s)
within forty-eight (48) hours, excluding the weekends and holidays, and 'hall include
the following information:
(C)
(D)
1. The name, address and telephone number of the City providing the notice;
2. The location of the place of storage and description of the vehicle which shall include,
if available, the name or make identification number, the license plate number, and the
mileage;
3. The authority and purpose for the removal of the vehicle; and
4. In order to receive a post -storage hearing, the owner(s), or their agents, must request
the hearing in writing within ten (10) days of the date of the notice. Any such hearing
shall be conducted withal forty-eight (48) hours of the request, excluding weekends and
holidays. The City may authorize its own City law enforcement officer or employee to
conduct the hearing, so long as the hearing officer is not the same person who directed the
storage of the vehirie.
Failure of either the registered or legal owner, or his agent, to request or to attend a
scheduled hearing shall satisfy the post -storage hearing requirement as to that person.
The provisions of this Section shall not apply to vehicles removed from private property
pursuant to Section 4-6-5-6 of this Ordinance.
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(E) The City shall be responsible for the costs incurred for towing and storage if it is
determined in the hearing that probable cause for storage cannot be established,
4-6-6-6: REMOVAL OF UNAUTHORIZED AND ABANDONED VEHICLE FROM
REAL PROPERTY:
(A) Any person having possession or control of real property who finds an unauthorized
vehicle standing upon his property is permitted to have the vehicle removed if there is
posted on or near the property in a clearly conspicuous location, in large print, a sign or
notice that unauthorized vehicles will be removed at the owner's expense and designating
the name of the towing firm. Unauthorized vehicles need not meet the definition of
abandoned vehicle (Section 4-6-3) in this instance.
(B)
(C)
Any person having possession or control of real property who finds an abandoned
vehicle standing on his property, where the property in not posted as set out in
subsection (A) of this Section, may contact a City law enforcement officer, who must
in turn comply with the provisions of Section 4-6-5-4 of this Ordinance, in accomplishing
the removal of the vehicle except under those circumstances set out in subsection (C) of
this Section.
Where access into or out of private property or substantial interference with the use and
enjoyment ofprivate property is created by an unauthorized or abandoned vehicle being
parked or otherwise left on private property, the person owning or controlling the
property may contact a City Law enforcement officer who may, without regard for the
provisions of Section 4-6-5-4 of this Ordinance, imnnedintely proceed to have the vehicle
removed to a garage or nearest place of safety. All other provisions of Sections 4-6-5-1
through 4-6-5-12 of this Ordinance shall be complied with_
4-6-6-7: CHARGES NOT OTHERWISE PROVIDED FOR: Every towing firm, employee
or agent in the process oftowin& removing, or impounding a vehicle as directed by a City law
enforcement officer, except vehicles found under extraordinary circumstances or suspected stolen,
shall upon request of the owner or his authorized agent, release the vehicle at the scene. If the
vehicle is attached to the tow truck, or otherwise "in tow," the regular scheduled tow fee may be
charged. When the vehicle is not yet "in tow' at the time of request, the release must be made,
and no charge may be assessed except a customary and reasonable charge for mileage one way
from the towing firm's place of storage to the scene plus the usual fee for the tow truck operator.
If the authorized fee is not tendered by the owner or his agent, the towing operator may complete
the impoundment, towing or removal, as authorized.
4-6-6-8: STORAGE OF VEHICLE: Whenever a City law enforcement officer removes a
vehicle from a highway, street, alley, road, or right-of-way thereof or from public or private
property, he shall take, or cause to be taken, the vehicle to a garage or other place of safety within
the City or such other place as designated by the City Council_ At the time of removal, the City
7
law enforcement officer or employee shall record the mileage of the vehicle.
4-6-6-9: REQUEST BY POSSESSORY LIEN HOLDER FOR NAMES AND
ADDRESSES OR INTERESTED PERSONS - NOTICE OF SALE TO SATISFY
LIEN: Ater acquiring possession of a vehicle in any manner authorized by the
provisions of Sections 4-6-5-1 through 4-6-5-12 of this Ordinance, the possessory lien holder
shall make a request to the Idaho Transportation Departmcut for the names and addresses of all
persons having an interest in the vehicle as appears in the Idaho Transportation Departments
records The possessory lien holder shall, upon receipt of this information, notify all legal or
registered owners in accordance with Section 4-6-5-5 of this Ordinance, unless otherwise already
complied with. Whenever a vehicle has been removed under the provisions of this Ordinance and
the possessory lien holder has sent the notice as provided, the possessory lien holder shall have a
lien dependent upon poccession for his compensation for towage and for caring for and keeping
safe the vehicle for a period not exceeding sixty (60) days. If the vehicle is not recovered by the
owner within that period or the owner is unknown, the keeper of the garage may satisfy his lien in
the manner prescribed by Idaho statutes_ The lien shall not be assigned.
No lien shall attach to any personal property in or on the vehicle. Personal property in or on the
vehicle shall be given to the registered owner or owner's authorized agent upon demand. The lien
holder shall not be responsible for property after any vehicle has been disposed of pursuant to this
Ordinance.
4-6-6-10: SALE OF UNCLAIMED VEHICLES: The sale of unclaimed vehicles shall be
executed according to and in compliance with the provisions of the Idaho Code sections 49-1801
through 49-1818 (1980 and Supp_), which provide for the sale of abandoned vehicles and such
sales shall be coordinated with the Idaho Department of Transportation.
4-6-6-11: CLAIMING OF ABANDONED 'VEHICLES:
(A) The owner of an abandoned vehicle may take possession of the abandoned vehicle at
any time prior to sale by proving ownership and paying the costs relative to towing and
storing the vehicle, costs of advertising and any fines incurred under Section 4-6-5-1, if
any, except as otherwise provided in this Ordinance.
(B)
A lien holder of an abandoned vehicle may take possession of the abandoned vehicle
at the sale by proving the presence of the lien and by paying the costs relative to towing
and storing the vehicle and costs of advertising_ The lien holder may also take possession
of the abandoned vehicle by purchasing the vehicle at the sale. Nothing in this Ordinance
shall be construed to abate any cause of action that a lien holder has against the owner of
an abandoned vehicle.
4-6-6-12: REMOVAL WITHOUT PAYMENT PROVIDED:
8
(A) Unauthorized removal of an abandoned vehicle from the custody of the City, or from
the custody of any person holding the abandoned vehicle for the City without payment
in full of all charges and costs that have been incurred wider the provisions of this
Chapter shall be a misdemeanor and the abandoned vehicle may be recovered and disposed
of by the City.
(B)
The maximum punishment for violation of subsection 4-6-5-12(A) shall be a fine of not
more than throe hundred dollars ($300.00) or imprisonment not to exceed six (6) months,
or by both such fine and imprisonment.
Section 3: That this Ordinance shall take effect and be enforce after its passage, approval, and
publication as required by law, in lieu of publication of the entire ordinance, a summary thereof~ in
compliance with Section 50-901A, I, :...4 Code, maybe published.
111
DATED this f day of
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1994.
CITY OF EAGLE
Mayor
9
rROOF OF PUBLICATIa1
County of Ada
State of Idaho
G. Szymogi being fust duly sworn, on oath says that she is
the principal clerk of THE VALLEY NEWS, a newspaper
of general circulation, published weekly at Meridian,
County of Ada, State of Idaho;
That the annexed notice was published in said newspaper
once each and every.week for _ ) consecutive weeks,
First publication being on the DS ciS day of
,19 1 L\ , and the last publication
being on the day of ,19
That the said newspaper has been published continuously
and uninterruptedly in said county during a period of more
than seventy-eight consecutive weeks prior to the first
publication of the attached notice.
Principal Clerk
Subscribed and sworn before me this /7/,6€ day of
.{,t ,19 _.
tary Public
Residence:' ---1-11 )
Mycomraiaiennot :
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7 -?-5- -9
ORDINANCE NO. 247
AN ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY, IDAHO,
REPEALING SECTION 5-4-3; EAGLE CITY CODE, ENTITLED "REMOVAL
OF ABANDONED VEHICLE:" ENACTING A NEW CHAPTER, CHAPTER 6
OF TITLE 4, EAGLE CITY CODE, TO PROHIBIT THE ACCUMULATION OF
REFUSE ON PROPERTY WITHIN THE CITY AND TO AUTHORIZE THE
CITY TO CLEAN UP SUCH REFUSE UPON FIVE DAYS NOTICE; TO
PROHIBIT THE ABANDONMENT OF MOTOR VEHICLES WITHIN THE
CITY AND TO PROVIDE FOR THE REMOVAL AND STORAGE OF SUCH
VEHICLES BY THE CITY;TOPROVIDE DEFINITIONS, PROCEDURES AND
PENALTIES FOR VIOLATIONS FOR ACCUMULATION OF REFUSE AND
ABANDONMENT OF MOTOR VEHICLES; AND PROVIDING AN EFFECTIVE
DATE
BE IT ORD.iINED BY THE MAYOR AND COUNCIL OF THE CITY OF
EAGLE, ADA CO 'NTY, IDAHO, as follows:
Section 1: That Section 54-3, Eagle City Code, be, and the same hereby is,
repealed.
Section 2: That a new chapter, Chapter 6, of Title 4, Eagle City Code,be, and
the same hereby is, enacted to read as set forth in "Exhibit A." which is attached
hereto and is incorporated herein by this reference.
Section 3: 'Mardis ordinance shall take effect and be enforced after its
passage, approval, and publication as required by law. In lieu of publiction,the entire
ordinance and summary thereof, in compliance with Section 50-901A, Idaho Code,
may be published.
DATED this 19th day of June 1994
ATTEST:
Barbara Montgomery, CMC
City Clerk
Publish: July 28th, 1994
CITY OF EAGLE
by Steve Guerber
Mayor