SECTION:
12.96.010: Nuisance Vehicles Designated; Abatement
12.96.020: Vehicles With Outstanding Parking Tickets
12.96.025: Towing, Impound, Storage, And Booting Fees; No Fee For Vehicles Held As Evidence
12.96.030: Impoundment; Information To Police Department
12.96.040: Preliminary Notice To Owner
12.96.050: Notice To Owner; Contents
12.96.060: Vehicle Sold At Auction When; Notice Of Auction
12.96.070: Disposition Of Sale Proceeds
12.96.080: Records Of Impoundment
12.96.090: Hearings Concerning Impoundment And Immobilization
12.96.100: Impoundment; Improperly Registered, Stolen Or Other Vehicles
12.96.110: Impoundment; Abandoned And Inoperable Vehicles
12.96.120: Release Of Impounded Vehicles
A. Nuisance Vehicle Criteria: Pursuant to section 10-8-60, Utah Code Annotated, 1953, or its successor, the city council finds that the disregard for the authorized use of streets within the city poses a danger to the safe movement of traffic within the city, and declares the same to be a nuisance. Vehicles which meet the following criteria are hereby declared to be nuisances:
1. Any vehicle found upon the streets, alleys or public property of the city with faulty or defective equipment or which does not have, in good working condition, all safety items required by state law;
2. 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;
3. 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;
4. Any vehicle, the driver of which has been taken into custody by the police department, under such circumstances as would leave such vehicle unattended on a street, alley, restricted parking areas or other publicly owned property;
5. Any vehicle found parked in such a manner to constitute a fire hazard or an obstruction to firefighting apparatus, including marked hydrants;
6. Any vehicle stopped, standing or parked in violation of any provisions of the traffic code set out in this title, or of the laws of the state of Utah;
7. Any vehicle parked upon a public street for more than forty eight (48) hours without being moved during that period of time.
B. Unauthorized Use Of Streets; Two Or More Notices (Parking Tickets); Nuisance: Any person receiving two (2) or more notices of unauthorized use of streets (parking tickets) within the city, pursuant to chapter 12.56 of this title, which notices are forty (40) days old or older and have not been dismissed pursuant to subsection 12.56.570E of this title, or its successor subsection, or dismissed or reduced to judgment by a court of competent jurisdiction, shall be guilty of creating a nuisance.
C. Violation; Misdemeanor: Violation of this chapter shall be a misdemeanor.
D. Nuisance Abatement: Any vehicle declared to be a nuisance by the provisions of this chapter may be summarily abated by removing any such vehicle by or under the direction of, or at the request of a police officer or parking enforcement officer to a place of storage within the city by means of towing or otherwise.
E. 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 district courts or elsewhere against the owner or operator of such impounded vehicle nor shall the impoundment and ultimate sale at auction prevent the collection of outstanding fees, fines, or other penalties due from parking notices involving such vehicle.
F. Defined: "Impoundment" means the immobilization of a vehicle by use of an immobilization device or the towing of a vehicle to a place of storage. (Ord. 45-14, 2014)
A. Two Or More Notices Of Unauthorized Use Of Streets (Parking Tickets): Any vehicle that has two (2) or more notices of "unauthorized use of streets" within the city, as defined at section 12.56.550 of this title, which notices are forty (40) days old or older and have not been dismissed pursuant to subsection 12.56.570E of this title, or dismissed or reduced to judgment by a court of competent jurisdiction, shall be subject to immediate impoundment by towing or by means of an immobilizing device.
B. Immobilized Vehicles; Appeal: For vehicles that have been immobilized under this section, the city shall collect the fees stated in section 12.96.025 of this chapter and all outstanding fees, fines and penalties associated with the parking citations that caused the vehicle to be immobilized. Upon payment in full the city shall release the immobilization device. This service shall be available by telephone. The vehicle owner may appeal the immobilization after obtaining release of the vehicle by submitting to the city within five (5) business days a written request for a hearing under section 12.96.090 of this chapter.
C. Delay Of Obtaining Vehicle Immobilization Release: If the vehicle has been immobilized for a period of twenty four (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. In such event, the vehicle owner shall pay towing and on street booting release fees as provided under section 12.96.025 of this chapter. (Ord. 43-13, 2013)
There are imposed for the towing, impound, storage, and booting of vehicles under this chapter fees as shown on the Salt Lake City consolidated fee schedule.
A. Damage To Or Failure To Return Immobilization Device: The owner of a vehicle immobilized under this chapter shall be strictly liable for: 1) the cost of repair or replacement of an immobilization device damaged or destroyed by attempts to wrongfully remove or tamper with the device, 2) any damage to the vehicle caused by an attempt to drive while the immobilization device is in place, and 3) the cost of a replacement immobilization device that is wrongfully removed and not returned to the city.
B. Removal Of Items From Vehicles: Effective July 1, 2013, any person who enters an impound lot or storage area of the city for the purpose of removing personal property from a vehicle in the impound lot or storage area shall pay to the city a fee for each period of up to thirty (30) minutes that the person is within the impound lot or storage area. The fee shall be in an amount shown on the Salt Lake City consolidated fee schedule. The city shall not charge that fee to a person who is within the impound lot or storage area for the sole purpose of removing from a vehicle personal healthcare items or personal identification issued by a governmental entity.
C. No Fee Under Certain Conditions: The impound yard may not charge a fee for the storage of an impounded vehicle, vessel, or outboard motor if:
1. The vehicle, vessel, or outboard motor is being held as evidence; and
2. The vehicle, vessel, or outboard motor is not being released to the registered owner, lienholder, or the owner's agent even if the registered owner, lienholder, or the owner's agent satisfies the requirements to release the vehicle, vessel, or outboard motor. (Ord. 1-16, 2016)
Upon calling for the impoundment of any vehicle under the provisions of this chapter, the impounding officer shall notify the police department of the make, model, vehicle identification number, and license number of the vehicle being impounded and the date, time and location of the vehicle at the time of impoundment. (Ord. 43-98 § 4, 1998: Ord. 56-86 § 3, 1986: Ord. 70-82 § 1, 1982: prior code §§ 46-20-284.b(1), 46-26-317(1))
Written notice that the vehicle has been impounded shall be sent by certified mail to the owner of record, and any recorded lienholder of the 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 five (5) days, excluding weekends and holidays, of the impoundment of the vehicle. If the registration on the vehicle is from another state, a notice shall be transmitted 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 lienholder of record. (Ord. 43-98 § 4, 1998: Ord. 56-86 § 3, 1986: Ord. 70-82 § 1, 1982: prior code §§ 46-20-284.b(2), 46-26-317(2))
The notice described in section 12.96.040 of this chapter, or its successor, 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 office of the treasurer for such a hearing within ten (10) business days after the owner has learned of the impound of such vehicle, or within ten (10) business 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 the city, if the vehicle is not claimed by the owner or the lienholder of record prior to such auction. (Ord. 43-98 § 4, 1998: Ord. 56-86 § 3, 1986: Ord. 70-82 § 1, 1982: prior code §§ 46-20-284.b(3), 46-26-317(3))
A. If at the expiration of fifteen (15) days after mailing written notice provided for herein such vehicle is not redeemed by the owner or owner's agent, the director of public services or her or his 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 such auction in a newspaper distributed in Salt Lake County.
B. The notice shall state:
1. The time and place of such auction;
2. Describe the vehicle to be sold with reasonable certainty;
3. 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 is unknown, such fact shall be stated.
C. In addition, a copy of this notice, as published, shall be delivered to the owner of the place of storage.
D. The director of public services or her or his designee may accept or reject all bids for such vehicle but, upon acceptance, the vehicle must be sold to the highest bidder. (Ord. 43-98 § 4, 1998: Ord. 56-86 § 3, 1986: Ord. 70-82 § 1, 1982: prior code §§ 46-20-284.b(4), 46-26-317(4))
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