10.25.070 Impoundment hearing procedure.
Hearings requested pursuant to PMC 10.25.060 shall be held before the Hearing Examiner, who shall determine:
(1) Whether an economic or personal hardship exists justifying an early release of the vehicle; or
(2) Whether the nondriver owner had knowledge of the driver’s license suspension; or
(3) Whether the impoundment was proper; or
(4) Whether the associated towing fees, storage costs and administrative hearing fees are in accordance with those rates on file with the Chief of Police and Court Administrator as provided in PMC 10.25.010, in accordance with the following procedure:
(a) The Hearing Examiner shall within five days of the request for hearing, notify the registered tow truck operator, the person requesting the hearing (if not the owner), the registered or legal owner of the vehicle, and the person or agency authorizing the impound of the hearing date and time.
(b) At the hearing, the person or persons requesting the hearing may produce any relevant evidence to show ownership of the impounded vehicle and to show that the impoundment, towing or storage fees charged were not proper. The Hearing Examiner shall consider a written report made under penalty of perjury by the officer who authorized the impoundment in lieu of the officer’s personal appearance at the hearing. If the person or persons requesting the hearing require the presence of the officer who authorized the impoundment, they must subpoena the officer and may be responsible for witness fees relating to the officer’s presence. Any person requiring the services of an interpreter shall arrange, at their cost, for the presence of a certified interpreter at the hearing. At the hearing, an abstract of the driver’s driving record is admissible without further evidentiary foundation and is prima facie evidence of the status of the driver’s license, permit or privilege to drive and that the driver was convicted of each offense shown on the abstract. In addition, a Department of Licensing abstract of the vehicle registration of the impounded vehicle is admissible without further evidentiary foundation and is evidence of the identity of the registered owner of the vehicle.
(5) At the conclusion of the hearing, the Hearing Examiner shall determine whether the impoundment was proper; whether an economic or personal hardship exists justifying early release of the impounded vehicle; whether the towing and storage fees charged were in accordance with the posted rates filed with the Chief of Police and Court Administrator; and who is responsible for payment of the fees. The Hearing Examiner may not adjust fees or charges that are in compliance with the posted or contracted rates that are on file with the Chief of Police and Court Administrator.
(6) If the impoundment is found to be proper, the Hearing Examiner shall enter an order so stating. Additionally, the Hearing Examiner shall order the impoundment, towing and storage fees as permitted under this chapter together with administrative fees to be assessed against the person or persons requesting the hearing.
(7) If the impoundment is found to be improper, the Hearing Examiner shall enter an order so stating, order the immediate release of the vehicle, if still impounded, and order that the registered or legal owners of the vehicle shall not be required to pay impound, towing or storage fees; any security shall be returned or discharged as appropriate, and the person or agency who authorized the impoundment shall be liable for any towing, storage or other impoundment fees permitted under this chapter. The Hearing Examiner shall enter an order in favor of the registered tow truck operator against the person or agency authorizing the impound or the impoundment, towing and storage fees paid, together with an amount equal to the administrative hearing fees required by law for the impound hearing petition. However, if an impoundment arises from an alleged violation of RCW 46.20.342, Driving while license invalidated, or 46.20.345, Operation under other license while license suspended or revoked, and is determined to be in violation of this chapter, the law enforcement officer directing the impoundment and the City shall not be liable for the ordered amount if the officer relied in good faith and without gross negligence on the records of the Department of Licensing in ascertaining that the operator of the vehicle had a suspended or revoked driver’s license.
(8) In the event the Hearing Examiner finds that the impound was proper, but that the towing, storage or administrative hearing fees charged for the impoundment were in excess of the rates posted in PMC 10.25.010, the Hearing Examiner shall determine the correct fees to be charged prior to the release of the vehicle, or if the costs of impoundment have been paid, shall enter an order against the towing contractor and in favor of the person who has paid the costs of impoundment for the amount of the overpayment.
(9) No determination of facts made at a hearing under this section shall have any effect of collateral estoppel on a subsequent criminal prosecution and shall not preclude litigation of those same facts in a subsequent criminal prosecution. [Ord. 3796, 2006; Ord. 3405 § 1, 2000; Ord. 3341 § 1, 1998; Code 1970 § 10.18.040.]