Chapter 10.25
VEHICLE IMPOUNDMENT AND REDEMPTION
Sections:
10.25.010 Appointment of King County as agent of the City.
10.25.030 Impoundment without prior notice.
10.25.040 Impoundment after notice.
10.25.060 Notification to owner of impounded vehicle.
10.25.070 Redemption of impounded vehicles and hearing request.
10.25.080 Post impoundment hearing procedure.
10.25.090 Sale of unclaimed vehicles.
10.25.100 Contracts for towing and storage.
10.25.110 Additional towing contractor duties and records.
10.25.010 Appointment of King County as agent of the City.
King County and the King County Sheriff’s Office are appointed and authorized to act as agent of the City in regard to all impoundments and actions permitted by this chapter. In addition, authorized employees of the Maple Valley Fire District and Department of Public Works are empowered to request of police officers impoundments pursuant to this chapter. (Ord. O-09-382 § 2).
10.25.020 Definitions.
The following definitions shall apply in interpretation and enforcement of this chapter:
A. “Impoundment” means the removal of a vehicle to a storage facility either by an officer or authorized agent of the City including the King County Sheriff’s Office, or by a towing contractor in response to a request from a police officer.
B. “Towing contractor” means any firm, partnership, tow operator, association, or corporation duly licensed by the State of Washington to perform towing and storage services that enters into a contract with the King County Sheriff’s Office to perform towing and storage services under the provisions of this chapter, or similar provision of the King County Code.
C. “Vehicle” shall have the definition set forth in RCW 46.04.670, and, in addition, shall include any junk vehicle as defined in RCW 46.55.010(4) as such statutes currently exist or as may subsequently be amended.
D. “Workday” means Monday through Friday, not including Saturday and Sunday or legal holidays as defined in RCW 1.16.050. (Ord. O-09-382 § 2).
10.25.030 Impoundment without prior notice.
A. A vehicle may be impounded with or without citation and without giving prior notice to its registered or legal owner under the following circumstances:
1. The vehicle is impeding or is likely to impede the normal flow of vehicular or pedestrian traffic;
2. The vehicle is illegally parked in a posted restricted zone where parking is limited to designated classes of vehicles, or is prohibited during certain hours, or on designated days, or at any time when the vehicle is interfering, or likely to interfere with, the intended use of such a restricted zone;
3. The vehicle poses an immediate danger to the public safety;
4. A police officer has information sufficient to form a reasonable belief that the vehicle is stolen;
5. 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;
6. Whenever a police officer finds an unattended vehicle at the scene of an accident or when the driver of a vehicle involved in an accident is physically or mentally incapable, or too intoxicated, to rationally decide upon steps to be taken to protect his or her property;
7. Whenever the driver of a vehicle is arrested or taken into custody by a police officer, and the driver is physically or mentally incapable, or too intoxicated, to rationally decide upon steps to be taken to protect his or her property;
8. Whenever a vehicle without a special license plate, card, or decal indicating that the vehicle is being used to transport a disabled person pursuant to RCW 46.16.381 is parked in a stall or space properly marked, as required by RCW 46.61.581, which space is provided on private property without charge or is on public property;
9. Whenever a mobile home is subject to removal from a mobile home park pursuant to a writ of restitution, provided such writ is attached to a King County Sheriff’s Office impound report.
B. Nothing in this section shall derogate from the powers of police officers under the common law or other statute or ordinance. (Ord. O-09-382 § 2).
10.25.040 Impoundment after notice.
A vehicle not subject to impoundment under MVMC 10.25.030 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 if such vehicle is parked and/or used in violation of any law, ordinance or regulation; provided, that if the vehicle has current vehicle license and tabs, an officer or authorized agent of the King County Sheriff’s Office shall check the computer records to ascertain the identity of the last owner of record of the vehicle and shall make a reasonable effort to contact the owner in person or by telephone in order to notify the owner of the proposed impoundment. This includes vehicles parked on city property that have been either abandoned or parked without authorization for 24 hours or longer. (Ord. O-09-382 § 2).
10.25.050 Impound procedure.
When impoundment is authorized by this chapter, a vehicle may be impounded by a towing contractor acting at the request of a police officer. Such officer shall provide to the towing contractor a signed authorization for the tow and the impound before the towing contractor may proceed with the impound. (Ord. O-09-382 § 2).
10.25.060 Notification to owner of impounded vehicle.
A. When a vehicle is impounded, the impounding towing contractor shall provide notification of the impoundment to the legal and registered owner(s) of the vehicle. The notification shall be sent by first-class mail within 24 hours after the impoundment to the last known name and address of the owner(s) of the vehicle, as identified by the Washington State Department of Licensing, and shall inform the owner(s) of the identity of the agency authorizing the impound. The notification shall include the name of the towing contractor, its address and telephone number, the location and time of the impound, and that the vehicle was impounded by authority of the King County Sheriff’s Office. The notice shall also include written notice of the right of redemption and opportunity for a hearing to contest the validity of the impoundment pursuant to this chapter, as set forth on a form to be provided by the King County Sheriff’s Office, in its capacity as agent of the City.
B. In the case of an abandoned vehicle, as defined in RCW 46.55.010(1), within 24 hours after receiving information as to the vehicle owner(s) from the State Department of Licensing, the towing contractor shall send by certified mail, with return receipt requested, a notice of custody and sale to the legal and registered owner(s).
C. No notices need be sent to the legal or registered owner(s) of an impounded vehicle if the vehicle has been redeemed.
D. When a person seeks to redeem an impounded vehicle, the towing contractor shall give said person a copy of the towing and storage invoice as well as a written notice of the right of redemption and opportunity for a hearing, as set forth on a form developed by the King County Sheriff’s Office. The towing contractor shall maintain a record evidenced by the redeeming person’s signature that such notification was provided.
E. Similar written notice and record of notification for redemption and opportunity for a hearing, as set forth on a form provided by the King County Sheriff’s Office, shall be given by the towing contractor at the time of releasing a vehicle impounded for investigatory purpose following authorization by the King County Sheriff’s Office to release such vehicle. (Ord. O-09-382 § 2).
10.25.070 Redemption of impounded vehicles and hearing request.
Vehicles impounded shall be redeemed under the following circumstances:
A. Only the registered owner, the legal owner, or a person authorized in writing by the registered or legal owner, or one who purchased a vehicle from the registered owner and who produces proof of ownership or written authorization and signs a receipt therefor, may redeem an impounded vehicle.
B. Any person so redeeming an impounded vehicle must pay the towing contractor for costs of impoundment (towing and storage) before the vehicle will be released from impound. Such towing contractor shall accept only cash, major bank credit cards, certified bank drafts, money orders, and personal checks drawn on in-State banks in payment for such costs; provided, however, that if such a personal check is offered in payment for such costs, the person so offering the same may be required to show evidence of his or her identity by two pieces of identification which may include a driver’s license, Washington State Identification Card issued by the Washington State Department of Motor Vehicles, other credit cards or similar forms of identification; provided further, however, that if the contractor has reasonable cause to believe the tendered check is uncollectible, acceptance of such check may be refused in accordance with such standards as may be promulgated in accordance with MVMC 10.25.120, or as may be set forth in a contract entered into pursuant to MVMC 10.25.100.
C. Any person who stops payment on a personal check or credit card, or does not make restitution within 10 days from the date a check becomes insufficient due to lack of funds, or in any other manner defrauds the towing contractor in connection with services rendered pursuant to this chapter shall be liable to the towing contractor for damages in the amount of twice the towing and storage fees, plus costs and reasonable attorney’s fees.
D. Any person seeking to redeem an impounded vehicle has a right to a hearing pursuant to MVMC 10.25.080 before an administrative hearing officer to contest the validity of the impoundment or the amount of towing and storage charges. Any request for a hearing shall be made in writing on a form provided for that purpose by the King County Sheriff’s Office signed by such person and must be received by the King County Sheriff’s Office within 10 days (including Saturdays, Sundays, and holidays) of the later of the date the notice of right of redemption and opportunity for hearing was mailed to such a person pursuant to MVMC 10.25.060(A) and (B), or the date such notice was given to such person by the towing contractor pursuant to MVMC 10.25.060(D). If the hearing request is not received by the King County Sheriff’s Office within the 10-day period, the right to a hearing is waived and the registered owner is liable for any towing, storage, or other impoundment charges permitted under this chapter.
E. If a hearing as provided for in MVMC 10.25.080 is requested, such hearing shall be held within two working days of the receipt of the written request for the hearing by the King County Sheriff’s Office. (Ord. O-09-382 § 2).
10.25.080 Post impoundment hearing procedure.
A. In accordance with RCW 46.55.240(1)(d), the Sheriff of the King County Sheriff’s Office shall appoint one or more administrative hearing officers to conduct the post-impound hearings requested pursuant to MVMC 10.25.070. Such hearing officer shall determine whether the impoundment was proper and whether the towing and/or storage fees charged in connection with the impound were proper.
B. At the hearing, the King County Sheriff’s Office may produce any relevant evidence to show that the impound and/or fees were proper. The officer’s impound report and the towing contractor’s impound receipts may be received in evidence. In determining whether the fees charged were proper, the hearing officer may take notice of the towing contractor’s rates.
C. At the hearing, the person who requested the hearing may produce any relevant evidence to show that the impound and/or fees were not proper.
D. If the impoundment is found to be proper, the hearing officers shall enter an order so stating. If the costs of impoundment have not been paid, the hearing officer’s order shall also provide that the impounded vehicle shall be released only after payment of the costs of impoundment to the towing contractor.
E. If the impoundment is found to be improper, the hearing officer shall enter an order so stating and shall order the immediate release of the vehicle. If the costs of impoundment have already been paid, the hearing officer shall enter an order against the County and in favor of the person who has paid the costs of impoundment in the amount of costs of the impoundment plus interest at the rate of 12.0 percent per annum from the date on which that person paid such costs, and the County shall comply with such order. If the costs of impoundment have not been paid, the hearing officer shall enter an order directing the County to pay such costs to the towing contractor, and the County shall comply with such order.
F. If the hearing officer finds that the impoundment was proper, but that the towing and/or storage fees were improper, the hearing officer shall determine the correct fees to be charged. If the costs of impoundment have not been paid, the hearing officer shall order the release of the vehicle upon payment of the correct impoundment fees as determined by the hearing officer. If the costs of impoundment have been paid, the hearing officer shall enter an order against the County and in favor of the person who has paid the costs of impoundment for the amount of the overpayment plus interest at the rate of 12.0 percent per annum on the overpayment from the date on which that person paid such costs, and the County shall comply with such order. The towing contractor shall be liable to the County for the amount of such overpayment and interest at the rate of 12.0 percent per annum. The towing contractor shall make payment to the County no later than 60 days after it receives notice of such requirement to pay. The County may bring an action in the King County District Court against the towing contractor to recover such overpayment plus interest at the rate of 12.0 percent per annum.
G. In accordance with RCW 46.55.240(1)(d), a decision made by an administrative hearing officer may be appealed to the King County District Court for final judgment. (Ord. O-09-382 § 2).
10.25.090 Sale of unclaimed vehicles.
A. Any impounded vehicle not redeemed within 15 days of mailing of the notice required by MVMC 10.25.060 and not listed as a stolen vehicle, shall be deemed unclaimed and shall be sold at a public auction in accordance with the provisions and subject to all conditions of RCW 46.55.130; provided, that in the case of a vehicle impounded and held pursuant to order of a police officer as authorized by MVMC 10.25.030(A)(4) or (5), the 15 days shall not begin until 48 hours after the King County Sheriff’s Office shall have notified both the owner and towing contractor that it has authorized the release of the vehicle; provided further, that when a timely request for a post-impound hearing has been made pursuant to MVMC 10.25.070, the sale of the vehicle at public auction shall not take place until after the hearing has been conducted and the hearing officer has entered an order. Prior to sale at public auction, the towing contractor shall confirm with the King County Sheriff’s Office that no hearing is pending.
B. When an unclaimed vehicle is sold at public auction pursuant to subsection (A) of this section, the towing contractor may recover its towing and storage charges from the proceeds of sale. Such towing and storage charges shall be limited to the contract rates established pursuant to MVMC 10.25.100. (Ord. O-09-382 § 2).
10.25.100 Contracts for towing and storage.
The County executive, or designee, may enter into contracts with towing contractors to provide towing and storage services on request of the King County Sheriff’s Office, which contracts shall be applicable to this chapter. Such contracts shall be at no cost to the County and City and shall provide that the towing contractor may recover the costs of towing and storage only from the person seeking to redeem the impounded vehicle, or from the proceeds of sale of an unclaimed vehicle pursuant to MVMC 10.25.090, and that the County shall not be responsible for payment of such costs except upon order of the administrative hearing officer pursuant to MVMC 10.25.080. The Sheriff may specify that towing services obtained by the Sheriff’s Office will be on a rotational or other basis within the City. The Sheriff may specify the rates towing contractors may charge persons seeking to redeem impounded vehicles for towing and storage services provided pursuant to this chapter. (Ord. O-09-382 § 2).
10.25.110 Additional towing contractor duties and records.
Each towing contractor, in addition to fully complying with the standards set by the King County Sheriff’s Office, must:
A. File its towing and storage rates with the King County Sheriff’s Office;
B. Maintain all vehicle transaction files for three years. (Ord. O-09-382 § 2).
10.25.120 Standards.
The Sheriff of the King County Sheriff’s Office is authorized and directed to adopt standards that carry out the provisions and intent of this chapter. Towing contractors are required to comply with such standards. (Ord. O-09-382 § 2).