070 of 1982 - Amendment to Impounding Nuisances Vehicles 0 82-51
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SALT LAKE CITY ORDINANCE
No. 70 of 1982
(Impounding of Vehicles)
AN ORDINANCE AMENDING ARTICLE 20 OF THE TRAFFIC CODE OF THE
REVISED ORDINANCES OF SALT LAKE CITY, UTAH, 1965, BY AMENDING
SECTIONS 284, 284.a through 284.e and ADDING A NEW SECTION 284.f.
Be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. That Section 284 of Article 20 of the Traffic
Code of the Revised Ordinances of Salt Lake City, Utah, be, and
the same hereby is amended to read as follows:
Sec. 284. Towing and impounding vehicles.
(1) Nuisances. Vehicles which meet the following criteria
are hereby declared to be nuisances:
(a) Any vehicle found upon the streets, alleys, or
public property of this city with faulty or defective
equipment or which does not have, in good working condition,
all safety items required by state law;
(b) Any vehicle left unattended upon any street,
alley, bridge, viaduct, or at any location where such
vehicle constitutes an obstruction or hazard to the safe
movement of traffic;
(c) Any vehicle upon a street or other publicly-owned
property so disabled as to constitute an obstruction to
traffic and the person or persons in charge of the vehicle
are by reason of physical injury incapacitated to such an
extent as to be unable to provide for its custody or
removal;
(d) Any vehicle, the driver of which has been taken
into custody by the police department, under such circum-
stances as would leave such vehicle unattended on a street,
alley, restricted parking areas, or other publicly-owned
property;
(e) Any vehicle found parked in such a manner to
constitute a fire hazard or an obstruction to fire fighting
apparatus, including marked hydrants.
(f) Any vehicle using the streets for storage that is
parked upon a public street in violation of section 135.5 of
the traffic code.
(2) Nuisance abatement. Any vehicle declared to be a
nuisance by the provisions of this ordinance may be summarily
abated by removing any such vehicle by or under the direction of
or at the request of a police officer or other officer charged
with enforcing the parking laws of Salt Lake City to a place of
storage within the City by means of towing or otherwise.
(3) Remedy of impoundment not exclusive. The impounding of
a vehicle shall not prevent or preclude the institution and the
prosecution of criminal proceedings in the circuit courts or
elsewhere against the owner or operator of such impounded
vehicle.
SECTION 2. That Sections 284.a through 284.e of Article 20
of the Traffic Code of the Revised Ordinances of Salt Lake City,
Utah, be, and the same hereby are amended to read as follows:
Sec. 284.a. Towing and impounding vehicles with outstanding
parking tickets.
(1) Traffic citations grounds for impoundment. Any vehicle
which has more than 3 outstanding parking violation tickets on
it, which are more than 15 days delinquent, shall be subject to
immediate towing or impoundment by means of an immobilizing
device, when found parked in violation of any law of the State of
Utah or of any ordinance of Salt Lake Corporation.
(2) Impoundment for delay of obtaining vehicle immobiliza-
tion release. If the vehicle has been immobilized for a period
of 24 hours, without arrangements being made for its release, it
may be immediately impounded and towed and removed to a place of
storage within the city by means of towing or otherwise.
Sec. 284.b. Notice of impoundment of vehicles removed to
place of storage; sale for costs.
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(1) Upon calling for the impoundment of any vehicle under
the provisions of this section, the impounding officer shall
notify the police department of the make, model, and license
number of the vehicle being impounded and the date, time and
location of the vehicle at the time of impoundment.
(2) Preliminary notice of impoundment. Written notice that
the said vehicle has been impounded shall be sent by certified
mail to the owner of record and any recorded lien holder of said
vehicle, as shown by the records of the motor vehicle division of
the Utah State Tax Commission at the last known address as shown
on said department's records, within 48 hours, excluding weekends
and holidays, of the impoundment of the vehicle. If the
registration on said vehicle is from another state, a notice
shall be sent to the Department of Motor Vehicles in such state,
requesting such department to furnish the City with the name and
address of the last known registered owner and any lien holder of
record.
(3) Said notice shall inform the owner of the vehicle:
(a) that the vehicle has been impounded, the location
of the vehicle, that impound and storage fees have been
assessed and are accruing on a daily basis, and how the
vehicle may be claimed.
(b) of the owner's right to an administrative hearing
to determine whether there was probable cause to impound the
vehicle upon filing a written request with the city for such
a hearing within ten (10) days after said owner has learned
of the impound of such vehicle, or within ten (10) days
after mailing of the date set in the notice, whichever
occurs first.
(c) that the vehicle shall be sold at public auction
as provided by the ordinances of Salt Lake City, if the
vehicle is not claimed by the owner, or the lien holder of
record prior to said auction. This provision shall not
apply to vehicles immobilized under Section 285 until such
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time as said vehicle is removed to a place of storage.
(4) Notice of impending vehicle sale; manner of sale. If
at the expiration of 15 days after mailing written notice
provided for herein such vehicle is not redeemed by the owner, or
owner's agent, the Chief of Police or the chief's designee shall
proceed to sell the same at public auction provided that notice
of the auction is published not less than seven (7) days prior to
said auction in a newspaper distributed in Salt Lake County.
Said notice shall state (a) the time and place of such auction,
(b) describe the vehicle to be sold with reasonable certainty,
(c) the name (if any) shown as owner on the records of the
vehicle division of the State Tax Commission. If the name of the
owner be unknown, said fact shall be stated. In addition, a copy
of this notice, as published, shall be delivered to the owner of
the place of storage. The Chief of Police or the Chief's
designee may accept or reject all bids for such vehicle, but upon
acceptance, the vehicle must be sold to the highest bidder.
(5) Disposition of sale proceeds. The money received from
the sale of any such vehicle shall be applied first to the actual
cost of towing and storage of such impounded vehicle, then to pay
the actual cost of advertising the notice of sale, and the
balance, if any, shall then be paid into the city treausry of
Salt Lake City to be used as hereinafter provided. At any time
within one year from, and after such sale, the former owner of
the vehicle sold or recorded lien holder, upon application to the
Mayor of Salt Lake City and upon presentation of satisfactory
proof that he was the owner or lien holder of record of the
vehicle sold, shall be paid the proceeds of such sale less the
necessary expenses incurred as identified above. The check shall
be made payable jointly to the owner and any recorded lien
holder.
(6) Records of impoundment. The police department or the
department charged with enforcement of parking laws shall keep a
record for three years from date of sale of all vehicles
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impounded by manufacturer's name or make, body type, identifica-
tion number and license number. It shall also keep records of
the names and addresses of all persons claiming the same,
together with such other descriptive matter as may identify such
vehicles, the nature and circumstances of the impounding thereof,
the violation for which such vehicles were impounded, the date of
such impounding, and the name and address of any person to whom
any such vehicle was released.
Sec. 284.c. Hearing. (1 ) A hearing requested pursuant to
the provisions of Section 284.b shall be conducted before a
hearing examiner designated by the City within 48 hours of
receipt of a written demand for such hearing, Saturdays, Sundays,
and City holidays excepted, unless such person waives the right
to a speedy hearing.
(2) The hearing proceedings shall be conducted in an
informal manner and shall not be bound by the formal rules of
evidence or procedure. The owner or owner's agent shall be
accorded the essential elements of due process of law, including
notice, and an opportunity to be heard and defend the owner's
position.
(3) The hearing examiner shall determine whether the City
had probable cause, pursuant to city, state, and federal laws, to
impound the vehicle in question.
(4) At the conclusion of the hearing, the hearing examiner
shall prepare a written decision and a copy of such decision
shall be provided to the person requesting the hearing. The
decision of the hearing examiner shall be final. Failure of the
registered or legal owner, or the owner's agent to request or
attend such a scheduled post seizure hearing shall be deemed a
waiver of the right to such hearing.
(5) The hearing examiner shall determine whether there was
probable cause to impound the vehicle, and in appropriate cases,
whether fees and charges should be reduced in the interest of
justice. In the event that the hearing examiner determines that
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the vehicle should be released without fees or with a reduction
in fees, the hearing examiner shall prepare and date a written
waiver of such fees. Copies of the waiver shall be furnished the
vehicle owner or owner's agent and the police department. The
vehicle shall then be released to the owner or the owner's agent,
in accordance with the terms of said waiver, or a voucher shall
be authorized to reimburse the owner or owner's agent for fees
paid to recover said vehicle from impound. If the hearing
examiner determines the impound was justified pursuant to city
and state enactments, the owner or agent shall be responsible for
the impound and storage fees accrued and accruing on said
vehicle.
Sec. 284.d. Release of impounded vehicles. Before the
owner, or the owner's agent or the lien holder of record shall be
permitted to remove a vehicle which has been impounded, he/she
shall:
(1) Furnish satisfactory evidence to the police department
or department charged with enforcement of the parking laws of
his/her identity and his/her ownership or interest in said
vehicle;
(2) (a) Request and obtain from the police department or
department charged with enforcement of parking laws of Salt
Lake City, a written Order of Release directed to the place
of vehicle storage or to the parking enforcement office, if
the vehicle has been immobilized. Said order of release
shall be issued to said owner or owner's agent or to the
lien holder of record, upon:
(i) the payment of the towing fee, costs of the
immobilizing device, storage fees and any other costs
reasonably incurred from the date of said impounding or
immobilization to the time of obtaining the order of
release; or
(ii) Obtaining a waiver of fees after success-
fully petitioning the city to release said vehicle,
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without requirement of payment of impound, immobilizing
or other costs and fees, or a reduction in said fees
and costs as provided in Section 284.c.
(b) In the event a vehicle is not retrieved from the
place of storage within 24 hours after a vehicle release has
been issued, or within 24 hours of having been issued a
waiver of fees by a hearing examiner, the owner shall be
liable for all subsequent storage fees.
(3) Sign a written receipt of said vehicle and deliver the
same to the place of storage upon receiving said impounded
vehicle.
Sec. 284.e. Impoundment of improperly registered, defaced
motor numbers and stolen vehicles. The police department or
department charged with enforcement of parking laws of Salt Lake
City shall immediately impound, in a proper place of storage in
Salt Lake City, all vehicles found within said city that are
improperly registered, stolen, or bear defaced motor numbers.
Thereafter, the said department shall, within 48 hours, notify in
writing the Motor Vehicle Division of the Utah State Tax
Commission of such impoundment, the date found, the address where
found, the vehicle make and registration number and the date and
place of storage.
SECTION 3. That a new Section 284.f be ADDED to Article 20
of the Traffic Code of the Revised Ordinances of Salt Lake City,
Utah, to read as follows:
Sec. 284.f. Impoundment of vehicle declared nuisance by
State law. A vehicle which has been determined to be an
abandoned and an inoperable vehicle, as provided by the provi-
sions of Section 41-1-79.5, Utah Code Annotated, 1953, or any
successor statute, is hereby declared to be a nuisance and may be
summarily abated by removing the same under the direction or at
the request of a police officer or other person charged with
enforcing the parking ordinances of Salt Lake City to a scheduled
place of disposal within the city by means of towing or other-
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wise. Any such vehicle may be converted into scrap or otherwise
disposed of without complying with the requirement of Section
286.
SECTION 4. This ordinance shall take effect upon its first
publication.
Passed by the City Council of Salt Lake City, Utah,
this 14th day of September 1982.
CHAIRMAN
ATTEST:
CITY RECORDER
Transmitted to Mayor on September 14, 1982
Mayor's Action: /i
' AYOR
ATTEST:
r
¢I RECORDER
cm47
(S EAL)
BILL 70 of 1982
Published September 24, 1982
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Affidavit of Publication
STATE OF UTAH,
Ss.
County of Salt Lake
SALT LAKE CITY ORDINANce ,,,,,,.Debra SCT'O �ins
AN ORDINANCE Am�Elln��p N MI C1, R TI1.
To FFIC Cp DE ppF T E REVIS NA
LAKE CITY.UTAHr
Rae.at%olp f,. Being first duly sworn,deposes and says that he is legal
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