11.18.040 Redemption of impounded vehicles (replaces portions of RCW 46.55.120).
Vehicles impounded by the city 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 the vehicle from the registered owner, who produces proof of ownership or authorization and signs a receipt therefor, may redeem an impounded vehicle. A person redeeming a vehicle impounded pursuant to BMC 11.18.030 must prior to redemption establish that he or she has a valid driver’s license and is in compliance with subsection (B) of this section. A vehicle impounded pursuant to BMC 11.18.030 or 11.18.020(C) can be released only pursuant to a written order from the police department, the hearing examiner or a court.
B. Any person so redeeming a vehicle impounded by the city shall pay the towing contractor for costs of impoundment (removal, towing and storage) and the administrative fee imposed pursuant to BMC 11.18.070, prior to redeeming such vehicle. Such towing contractor shall accept payment as provided in RCW 46.55.120(1)(b), as now or hereafter amended. If the vehicle was impounded pursuant to BMC 11.18.030 upon the driver’s arrest for violation of RCW 46.20.342 or 46.20.345 as adopted by reference in the Bellingham Municipal Code 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.
C. The hearing examiner is authorized to release a vehicle impounded pursuant to BMC 11.18.030 prior to the expiration of any period of impoundment upon the petition of the spouse or domestic partner of the driver, based upon 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 the release is authorized, the person redeeming the vehicle still must satisfy the requirements of subsections (A) and (B) of this section.
D. Any person seeking to redeem a vehicle impounded as a result of a parking or traffic citation has a right to a hearing before the hearing examiner to contest the validity of an impound or the amount of the removal, towing, and storage charges or administrative fee if such request is in writing, in a form approved by the hearing examiner and signed by the person, and is received by the hearing examiner within 10 days (including Saturdays, Sundays, and holidays) of the earlier date of the date the notice was mailed to such person pursuant to RCW 46.55.110, or the date the notice was given to such person by the registered tow truck operator pursuant to RCW 46.55.120(2)(a). Such hearing shall be provided as follows:
1. If all the requirements to redeem the vehicle, including the expiration of any period of impoundment under BMC 11.18.030, have been satisfied, then the impounded vehicle shall be released immediately and a hearing as provided for in this subsection (D) shall be held within 90 days of the written request for hearing.
2. If not all the requirements to redeem the vehicle, including expiration of any period of impoundment under BMC 11.18.030, have been satisfied, then the impounded vehicle shall not be released until after the hearing provided pursuant to this subsection (D), as soon as the hearing examiner deems reasonable, but not to exceed 10 business days (excluding Saturdays, Sundays, and holidays) of the hearing examiner’s receipt of the written request for hearing.
3. Any person seeking a hearing who has failed to request such hearing within the time specified in this subsection (D) may petition the hearing examiner for an extension to file a request for hearing. Such request shall only be granted upon the demonstration of good cause as to the reason(s) the request for hearing was not timely filed. For purposes 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.
4. If a person fails to file a timely request for a 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 and administrative fee are deemed to be proper, and the city shall not be liable for removal, towing, and storage charges arising from the impoundment.
5. In accordance with RCW 46.55.240(1)(d), a decision made by the hearing examiner may be appealed to Bellingham municipal court for final judgment. A person appealing such a decision must file a request for an appeal in municipal court within 15 days (including Saturdays, Sundays, and holidays) after the decision of the hearing examiner and must pay a filing fee in the same amount required for filing of a suit in district court. If a person fails to file a request for an appeal within the time specified by this section or does not pay the filing fee, the right to an appeal is waived and the hearing examiner’s decision is final. [Ord. 2001-04-026; Ord. 2001-03-017; Ord. 2000-11-077; Ord. 1999-04-020].