11.02.053 Administrative hearing procedures.
A. The hearing specified in RCW 46.55.120(2) and (3) shall be conducted by an administrative hearings officer appointed by the chief of police. Any person seeking to redeem a vehicle impounded under LMC 11.02.051 may request a hearing before the administrative hearings officer to contest the validity of the impoundment or the amount of the removal, towing and storage charges. The hearing is waived unless the request for hearing is in writing, in a form approved by the chief of police and signed by such person, and is received by the chief of police within 10 calendar days (13 calendar days if the notice(s) concerning impoundment was mailed) of the earliest date the notice(s) concerning impoundment was delivered to such person by the police officer directing impoundment or the registered tow truck operator pursuant to RCW 46.55.120(2)(a). The timing and conditions of providing the requested hearing are as follows:
1. The hearing shall be held within two business days (excluding Saturdays, Sundays and holidays) of receipt by the chief of police of the written request for a hearing, unless the person seeking the hearing has previously redeemed the vehicle in which event the hearing shall be held within 90 days of such receipt of the hearing request.
2. Any person seeking a hearing who has failed to request such hearing within the time specified in subsection (A) of this section may petition the chief of police for an extension of time 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 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.
3. 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 the city shall not be liable for removal, towing, and storage charges arising from the impoundment.
4. In accordance with RCW 46.55.240(1)(d), a decision made by an administrative hearings officer may be appealed to municipal court for final judgment. The hearing on the appeal under this subsection shall be de novo. A person appealing such a decision must file a request for an appeal in municipal court within 10 calendar days after the decision of the administrative hearings officer and must pay a filing fee in the same amount required for the 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 administrative hearings officer’s decision is final.
B. The hearing requested pursuant to subsection (A) of this section that is held by the administrative hearings officer shall be to determine whether the impoundment was proper and whether the associated removal, towing, and/or storage fees were proper. The hearing, and any appeal de novo of the hearing, shall be conducted in accordance with this chapter and RCW 46.55.120(3)(b), (3)(c), (3)(d) and (3)(e), as now or hereafter amended. (Ord. 2245 § 3, 1999)