10.45.050 Redemption of impounded vehicles.
Vehicles impounded pursuant to this chapter shall be redeemed only under the following circumstances, and pursuant to agreement between the City and the King County Sheriff’s Office:
(1) Only the registered owner, a person authorized by the registered owner, or one who has purchased the vehicle from the registered owner, who produces ownership or authorization and signs a receipt therefor, may redeem an impounded vehicle. A person redeeming a vehicle impounded pursuant to this chapter must, prior to redemption, establish that he or she has a valid driver’s license and insurance.
(2) Any person so redeeming a vehicle impounded under this chapter shall pay the tow truck operator for costs of impoundment (removal, towing, and storage) and the administrative fee prior to redeeming such vehicle. The tow truck operator shall accept payment as provided in RCW 46.55.120(1)(e), as now or hereafter amended. If the vehicle was impounded pursuant to this chapter and was being operated by the registered owner when it was impounded, it may not be released to any person until all penalties, fines, or forfeitures owed by the registered owner have been satisfied. A vehicle impounded pursuant to this chapter can be released only pursuant to written order from the King County Sheriff’s Office or a court.
(3) The King County Sheriff’s Office shall assign an administrative hearings officer(s) to conduct post-impoundment hearings pursuant to this chapter. Any person seeking to redeem a vehicle impounded pursuant to this chapter has a right to a hearing before an administrative hearings officer to contest the validity of an impoundment or the amount of removal, towing and storage charges or administrative fee. Any request for a hearing shall be made in writing, on a form provided by the King County Sheriff’s Office and signed by such person, and received by the King County Sheriff’s Office within 10 days (including Saturdays, Sundays and holidays) of the latter of the date the notice of right of redemption and opportunity for hearing was mailed to the person or the date the notice was given to the person by the tow truck operator. Such hearing shall be provided as follows:
(a) If all of the requirements to redeem the vehicle, including expiration of any period of impoundment under CMC 10.45.020, have been satisfied, then the impounded vehicle shall be released immediately and a hearing shall be held within 90 days of the written request for hearing.
(b) If all of the requirements to redeem the vehicle, including expiration of any period of impoundment under CMC 10.45.020, have not been satisfied, then the impounded vehicle shall not be released until after the hearing, which shall be held within two business days (excluding Saturdays, Sundays, and holidays) of the written request for hearing.
(c) Any person seeking a hearing who has failed to request such hearing within the time specified in this section may petition the King County Sheriff’s Office for an extension to file a request for hearing. Such extension shall only be granted upon the demonstration of good cause as to the reason(s) the request for hearing was not timely filed. For the purpose of this section, “good cause” shall be defined as circumstances beyond the control of the person seeking the hearing that prevented such person from filing a timely request for hearing. In the event such extension is granted, the person receiving such extension shall be granted a hearing in accordance with this chapter.
(d) If a person fails to file a timely request for hearing and no extension to file such a request has been granted, the right to a hearing is waived, the impoundment and the associated costs of impoundment are deemed to be proper, and neither the City nor County shall be liable for removal, towing and storage charges arising from the impoundment.
(4) The Covington Police Chief, or designee, is authorized to release a vehicle impounded pursuant to this chapter prior to the expiration of any period of impoundment upon petition of the spouse or domestic partner of the registered owner of the vehicle, based on economic or personal hardship to such spouse or domestic partner resulting from the unavailability of the vehicle, and after consideration of the threat to 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 satisfy the requirements of subsections (1) and (2) of this section, with the exception of payment of the penalties, fines, or forfeitures owed by the driver, and with the exception of the administrative fee.
(5) The Covington Police Chief, or designee, is authorized to release a vehicle impounded pursuant to this chapter prior to the expiration of any period of impoundment upon the petition of the registered owner of the vehicle based upon economic or personal hardship or equity, provided the registered owner was not the operator of the vehicle at the time of the impound, the owner did not know that the operator’s driver’s license and/or driving privilege was suspended or revoked, and the owner has not received a prior release under this subsection. If such release is authorized, the registered owner must satisfy the requirements of subsections (1) and (2) of this section, with the exception of the administrative fee, in order to redeem the vehicle.
(6) In order to avoid discriminatory application, the Covington Police Chief, or designee, shall deny release in all circumstances without discretion, except as set forth in subsections (4) and (5) of this section. (Ord. 26-08 § 1)