10.25.050 Early release of impounded vehicles.
(1) Any person authorized to redeem a vehicle or item of registered or titled personal property under PMC 10.25.040 seeking to redeem a vehicle impounded may request the early redemption of a vehicle subject to a suspension impound hold only upon the following basis:
(a) Economic or personal hardship to a person having an interest in the vehicle, taking into consideration public safety factors, including the operator’s criminal history and driving record; or
(b) The owner of the vehicle was not the driver, the owner did not know that the driver’s license was suspended or revoked, and the owner has not received a prior release of the vehicle under this subsection or RCW 46.55.113(3) (commercial vehicle lease).
In order to avoid discriminatory application, other than the reasons set forth above, the City shall deny release of the vehicle in all other circumstances without discretion.
(2) Any person identified in PMC 10.25.040 seeking to redeem a vehicle impounded pursuant to this chapter may request a hearing before the City Hearing Examiner under Chapter 2.50 PMC. The hearing may only be:
(a) To request, or appeal the City’s denial of, an early release due to economic or personal hardship to a person having an interest in the vehicle considering public safety, the operator’s criminal history and driving record; or
(b) To request an early release on the grounds that the owner of the vehicle was not the driver, the owner did not know that the driver’s license was suspended or revoked, and the owner has not received a prior release under this section or RCW 46.55.113(3);
(c) To contest the validity of the impound; or
(d) To challenge or dispute the amount of the towing and storage charges.
(3) The Hearing Examiner shall consider the following:
(a) Economic or Personal Hardship. The Hearing Examiner is authorized to release a vehicle impounded pursuant to PMC 10.25.030(1) prior to the expiration of any period of impoundment upon petition of a person having an interest in the vehicle, or the owner of the vehicle who was not the operator at the time of impoundment based on economic or personal hardship to such person or entity resulting from the unavailability of the vehicle and after consideration of any threat to the public safety that may result from the release of the vehicle, including, but not limited to, the driver’s criminal history, driving record, license status and access to the vehicle. If such release is authorized, the person redeeming the vehicle must still satisfy the requirements of PMC 10.25.040(2).
(b) Contesting the Validity of Impound. A person seeking to redeem a vehicle impounded pursuant to this chapter may petition for a hearing before the Hearing Examiner to contest the validity of the impoundment. The petitioner should be prepared to show at the hearing why the impoundment was not proper.
(c) Challenging the Impoundment Costs and Storage Fees. A person who seeks to challenge the cost of towing and the storage fees may petition for a hearing before the Hearing Examiner to do so. The petitioner should be prepared to show at the hearing why the costs and fees charged are not proper and should not be imposed. [Ord. 3796, 2006; Ord. 3405 § 1, 2000; Code 1970 § 10.18.031.]