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Ordinance 1531-88
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Ordinance 1531-88
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Ordinances
Ordinance Number
1531-88
Date
10/26/1988
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• <br /> 1 in a stall or space clearly and conspicuously marked under <br /> the City's Parking Ordinance on public property or on <br /> 2 private property without charge; and <br /> 3 9. Whenever any police officer finds a vehicle standing or <br /> parked in a fire lane or within fifteen (15) feet of any <br /> 4 fire hydrant whether on public or private property. <br /> 5 Vehicles subject to impoundment under these or other sections are <br /> hereby declared to be public nuisances which may be summarily <br /> 6 abated as provided in each instance and except where prohibited <br /> by law. Nothing in this section shall derogate from the powers <br /> 7 of police officers under the common law. For the purposes of <br /> this section, a place of safety may include the business location <br /> 8 of a registered tow truck operator as defined in RCW 46.55.010. <br /> 9 B. Towing <br /> 10 1 . The registered tow truck operator shall give to each person <br /> who seeks to redeem an impounded vehicle written notice of <br /> 11 the right or redemption and opportunity for a hearing, <br /> which notice shall be accompanied by a form to be used for <br /> 12 requesting a hearing, and a copy of the towing and storage <br /> invoice. The registered tow truck operator shall maintain <br /> 13 a record evidenced by the redeeming person' s signature that <br /> such notification was provided. <br /> 14 <br /> 2. Any person seeking to redeem an impounded vehicle under <br /> 15 this section shall be entitled to a hearing to contest the <br /> validity of the impoundment or the amount of towing and <br /> 16 storage charges. The Mayor or his designee (hereafter <br /> referred to as "Mayor" ) shall serve as the City' s <br /> 17 Administrative Hearings Officer therefor. The Mayor has <br /> jurisdiction to determine the issues involving all <br /> 18 impoundments including those authorized by the state or its <br /> agents. Any request for a hearing shall be made in writing <br /> 19 on the form provided for that purpose and must be received <br /> by the Mayor within ten (10) days of the date the <br /> 20 opportunity was provided for in subsection 1 of this <br /> section. If the hearing request is not received by the <br /> 21 Mayor within the ten-day period, the right to a hearing is <br /> waived and the registered owner is liable for any towing, <br /> 22 storage, or other impoundment charges permitted. Upon <br /> receipt of a timely hearing request, the Mayor or his <br /> 23 designee shall proceed to hear and determine the validity <br /> of the impoundment. <br /> 24 <br /> 3. The Mayor, within five (5) days after the request for a <br /> 25 hearing, shall notify the registered tow truck operator, <br /> the person requesting the hearing, if not the owner, and <br /> 26 the registered and legal owners of the vehicle, and the <br /> person or agency authorizing the impound in writing of the <br /> 27 hearing date and time. <br /> 28 4. At the hearing, the person or persons requesting the <br /> hearing may produce any relevant evidence to show that the <br /> 29 impoundment, towing, or storage fees charged were not <br /> proper. <br /> 30 <br /> 5. At the conclusion of the hearing, the Mayor shall determine <br /> 31 whether the impoundment was proper, whether the towing or <br /> 32 <br /> 3 <br />
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