Chapter 8.15
ABANDONED VEHICLES
Sections:
8.15.020 When a vehicle may be impounded without prior notice.
8.15.030 When a vehicle may be impounded after notice.
8.15.040 How impoundment is to be effected.
8.15.050 Owner of impounded vehicle to be notified.
8.15.060 Redemption of impounded vehicles.
8.15.070 Cancellation of hearing.
8.15.080 Post-impoundment hearing procedure.
8.15.100 Columbia County sheriff’s office records of impounded vehicles.
8.15.110 Approved tow company duties and records.
8.15.120 Inspection of records.
8.15.010 Definitions.
“Approved tow company,” as used in this chapter, shall have a twofold meaning:
1. Any person, firm, partnership, association, or corporation who possesses a Washington State business license. Private individuals may personally request these tow services directly from the tow truck operator or request the sheriff’s department to make the contact to a specific tow truck operator for tow services. This type of tow truck operation cannot be used for official impoundment. Arrangements for temporary storage for repairs is the responsibility of the vehicle owner. County vehicles going to repair centers are eligible under this category.
2. Any person, firm, partnership, tow operator, association, or corporation having a state license for official impoundment that is approved by the Columbia County sheriff’s office and the state of Washington according to the state of Washington’s stated process and criteria as set forth in Chapter 46.55 RCW. Abandoned vehicles or vehicles officially impounded because of investigation fall under this second category.
“Impoundment,” as used in this chapter, shall mean the removal of a vehicle to a storage facility either by an officer or authorized agent of the Columbia County sheriff’s office or by an approved towing company for towing and storage in response to a request from an officer or authorized agent of the Columbia County sheriff’s office.
“Vehicle,” as used in this chapter, shall have the definition set forth in Chapter 46.04 RCW and, in addition, shall include any vehicle hulk as the same is defined in RCW 46.52.002. [Ord. dated 9/16/96; Ord. 78-01 § 1 – 3.]
8.15.020 When a vehicle may be impounded without prior notice.
A vehicle may be impounded without prior notice to its owner if:
A. The vehicle is impeding or is likely to impede the normal flow of vehicular or pedestrian traffic; or
B. The vehicle poses an immediate danger to the public safety; or
C. A police officer has information sufficient to form a reasonable belief that the vehicle is stolen; or
D. A police officer has information sufficient to form a reasonable belief that the vehicle constitutes evidence of a crime or contains evidence of a crime, if impoundment is reasonably necessary to obtain or preserve such evidence.
Nothing in this section shall be construed to authorize seizure of a vehicle without a warrant where a warrant would otherwise be required. [Ord. 78-01 § 4.]
8.15.030 When a vehicle may be impounded after notice.
A vehicle not subject to impoundment under CCC 8.15.020 may be impounded after notice of such proposed impoundment has been securely attached to and conspicuously displayed on the vehicle for a period of 24 hours prior to such impoundment, for the following reasons:
A. When such vehicle is parked and/or used in violation of any law, ordinance or regulation; or
B. When such vehicle is abandoned, as defined in RCW 46.52.102. [Ord. 78-01 § 5.]
8.15.040 How impoundment is to be effected.
When impoundment is authorized by this chapter, a vehicle may be impounded by an approved towing company. The approved towing company must have a principal established place of business that is reasonably near the vehicle to be towed. The towing company shall act only at the request of an officer or authorized agent of the Columbia County sheriff’s office. [Ord. 78-01 § 6.]
8.15.050 Owner of impounded vehicle to be notified.
A. Not more than 48 hours after impoundment of any vehicle, the Columbia County sheriff’s office shall mail a copy of the officer’s impound report, hereinafter referred to as the “impound report,” and notice of redemption and opportunity for a hearing to the registered owner of an impounded vehicle, as may be disclosed by the vehicle license number, if such be obtainable, unless the impound report has been furnished the registered owner prior to the end of such period. The impound report shall be mailed to the registered owner at the address provided by the Washington State Department of Motor Vehicles, or the corresponding agency of any other state or province. If the officer requesting the impound has reason to believe that the registered owner is residing or is in custody at some different address known to the officer, a copy of the impound report and notice of redemption and opportunity for a hearing shall be sent to that address. The impound report shall contain the particulars of the impoundment, the name and address of the tow company involved, and location of storage if not at the tow company’s address. The above reports and notices shall also be sent to any person other than the registered owner who claims the right to possession of the vehicle, if such claim is known to an officer or authorized agent of the Columbia County sheriff’s office who have knowledge of the impoundment. All letters shall be mailed by certified mail with return receipt requested.
If, in the exercise of reasonable diligence, no vehicle license number is obtainable within the 48 hours provided in this section, then an extended time shall be granted as may be reasonably necessary but, in no case, more than 15 days may be used to establish the name and address of such registered owner. If after 15 days reasonable diligence has failed to disclose the name and address of the registered owner, notice of mailing shall not be required and said vehicle shall be deemed to be in the custody of the towing company pursuant to Chapter 46.52 RCW and disposed of according to that chapter.
B. Written notice of redemption and opportunity for a hearing and request for hearing shall be given by the tow company to each person who seeks to redeem an impounded vehicle. The tow company shall maintain a record evidenced by the redeeming person’s signature that such notification was provided.
C. Similar written notice and record of notification for redemption and opportunity for a hearing shall likewise be given by the tow company at the time of releasing a vehicle impounded for investigatory purposes pursuant to CCC 8.15.020(D), and the Columbia County sheriff’s office shall notify the tow company of the authorization to release such vehicle. [Ord. 78-01 § 7.]
8.15.060 Redemption of impounded vehicles.
Vehicles impounded by the county shall be redeemed only under the following circumstances:
A. Only the registered owner, a person authorized by the registered owner, or one who has purchased a vehicle from the registered owner, who produces proof of ownership or authorization and signs a receipt therefor, may redeem an impounded vehicle.
B. Any person so redeeming a vehicle impounded by the county shall pay to the towing company the costs of impoundment (towing and storage) prior to redeeming such vehicle except as provided for by subsection (C) of this section. Any person so redeeming the vehicle shall pay the towing company the cost by cash, money order, certified bank draft or cashier’s bank draft.
C. Any person seeking to redeem an impounded vehicle has a right to a hearing to contest the validity of the impoundment or the amount of towing and storage charges. Such person shall have his or her vehicle released upon making a signed written request for a hearing and making a cash deposit with the clerk of the justice court of Columbia County in a sum equal to the:
1. Towing charge; plus
2. Storage charges up to the date of the request; plus
3. Civil penalty of $25.00.
Such cash deposit shall be forfeited in the event such person either (1) fails to appear at the requested hearing or (2) is found liable for all of such sum at the hearing. If the person is not found liable for any of the above charges, the penalty of $25.00 shall be returned to the person requesting the hearing. If the person is found liable for only part of such sum, then only that part shall be forfeited. The cash deposit shall be accepted in full payment of the charges named in subsections (C)(1), (C)(2) and (C)(3) of this section and the person automatically discharged from further payment when such person cancels the request for hearing and pays the cancellation fee as provided in CCC 8.15.070. [Ord. 78-01 § 8.]
8.15.070 Cancellation of hearing.
Any person redeeming an impounded vehicle in accordance CCC 8.15.060(C) shall have until 10 days after the date of the request for a hearing to cancel the hearing. If a hearing is cancelled more than 10 days after its request, then a $2.00 cancellation fee must be paid to the district court in addition to the cost of towing and storage. [Ord. 78-01 § 9.]
8.15.080 Post-impoundment hearing procedure.
A. Hearings requested pursuant to CCC 8.15.050 shall be held in the district court of the district where the tow commenced.
B. The district court, at least five days after the request for a hearing, shall notify the motor vehicle owner in writing of:
1. The hearing date and time; and
2. That if the owner of the motor vehicle desires to have the officer responsible for the impoundment or a representative of the towing company present at the hearing, a written request on a document provided by the district court must be returned to the district court no later than three days prior to the hearing date; and
3. That in absence of such a request, the officer’s impound report shall be received in evidence.
C. At the hearing, the Columbia County sheriff’s office may produce any relevant evidence to show that the impound was proper. In absence of a request by the vehicle owner pursuant to subsections (B) and (D) of this section, the officer’s impound report shall be received in evidence. In determining whether the fees charged were proper, the court may take notice of the tow company’s rates, which shall be filed with the court and available for public inspection.
D. At the hearing, the owner of the motor vehicle impounded may produce any relevant evidence to show that the impound and/or towing and/or storage fees charged were not proper. Should the owner of the motor vehicle desire to have the officer responsible for the impoundment or a representative of the tow company present at the hearing, a written request pursuant to subsection (B) of this section must be made to the district court no later than three days prior to the hearing date.
E. At the conclusion of the hearing the district court shall determine whether the impoundment, and/or towing, and/or storage fees charged were proper and provide both parties with a copy of its decision setting forth in writing the reasons for the determination reached. Should the district court determine that the towing and/or storage fees charged were not proper, then the court shall determine the proper amount and provide a copy of its decision to the tow company and the Columbia County sheriff.
F. If the impoundment is found proper, then the impoundment and/or the towing and/or storage fees together with court costs shall be assessed as a civil penalty against the owner of the vehicle impounded.
G. If the impound is not found proper then the owner of the vehicle shall bear no costs.
H. Nothing in this chapter shall be construed to prevent a court from exercising discretion in assessing penalties and costs. [Ord. 78-01 § 10.]
8.15.090 Abandoned vehicles.
Any impounded vehicle not redeemed within 15 days of mailing of the notice required by CCC 8.15.050 shall be deemed abandoned; provided, that if the Columbia County sheriff’s office has reason to believe that the owner of such impounded vehicle is in custody of the Columbia County jail, it shall be presumed that the vehicle is not abandoned until after the prisoner has had an opportunity to be heard regarding the propriety of the impoundment and circumstances giving rise to such impoundment; provided further, that in the case of a vehicle impounded by order of a police officer and held pursuant to police order, the 15 days shall not begin until 48 hours after the Columbia County sheriff’s office shall have notified both the owner and the towing company in accordance with CCC 8.15.050(C) that it has authorized the release of the vehicle. Any vehicle so determined to have been abandoned shall be deemed to be in custody of the sheriff of Columbia County pursuant to RCW 46.52.116.
No tow truck operator shall sell or otherwise dispose of an abandoned vehicle regardless of age unless he has first complied with the provision of RCW 46.52.111. [Ord. 78-01 § 11.]
8.15.100 Columbia County sheriff’s office records of impounded vehicles.
The Columbia County sheriff’s office shall keep, and make available for inspection, a record of all vehicles impounded under the provisions of this chapter. The record shall include at least the following information:
A. Vehicle make, year, and model;
B. Vehicle license number and state of registration;
C. Vehicle identification number, if ascertainable;
D. Such other descriptive information as the Columbia County sheriff deems useful for purposes of vehicle identification;
E. Name of impounding officer and serial number;
F. Reason for impoundment, and the time, date and location the approved towing company took custody. [Ord. 78-01 § 12.]
8.15.110 Approved tow company duties and records.
Each approved tow company, as conditions of approval in addition to fully complying with the standards set by the sheriff of Columbia County, must:
A. File its towing and storage rates with the Columbia County sheriff’s office;
B. Mail within 24 hours of each tow all but one fully completed and signed copy of any requests for hearing to the district court in whose venue the tow commenced;
C. Keep, and make available for the Columbia County sheriff’s office, a record of all vehicles which it impounds under the provisions of this chapter. The record shall include:
1. A copy of each tow and storage receipt which shall contain at least the following information:
a. Information on the person securing the release of a towed vehicle, including the person’s name, relationship to owner (if not the owner), driver’s license number, signature, and address;
b. Time, date, location of tow and distance towed;
c. Vehicle make, year, license and identification numbers;
d. Any unusual circumstances of the tow;
e. Name of tow truck driver and his signature.
2. A copy of each request for a hearing document for all vehicles redeemed, signed by the redeeming person. [Ord. 78-01 § 13.]
8.15.120 Inspection of records.
The Columbia County sheriff’s office may make periodic inspection of approved tow company records at any time during business hours. [Ord. 78-01 § 14.]