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A. Only the registered owner, a person authorized by the registered owner, or one who has purchased the vehicle from the registered owner, who produced proof of 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 is in compliance with RCW 46.30.020. A vehicle impounded pursuant to this chapter can be released only pursuant to a written order from the Police Department or a court.

B. Any person so redeeming a vehicle impounded by the City shall pay the towing contractor for costs of impoundment (towing and storage) and shall pay the City an administrative fee 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 this chapter and was being operated by the registered owner when it was impounded, it may not be released to any person until any penalties, fines, or forfeitures owed by the registered owner have been satisfied. The administrative fee stated in LMC 10.28.030 shall be paid to the Lakewood Finance Department.

C. The Chief of Police 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 of the driver based on economic or personal hardship to such spouse resulting from the unavailability of the vehicle, and after consideration of the threat to public safety that may result from 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 still must satisfy all other requirements of this section. A vehicle may be released prior to the expiration of the impound period if the owner of the vehicle was not the driver, the owner did not know the driver’s license was suspended or revoked, and the owner has not received a prior release under this section or under LMC 10.28.010(I). Other than for the reasons expressed above, in order to avoid discriminatory application, early release of an impounded vehicle shall be denied in all other circumstances without discretion.

D. Any person seeking to redeem a vehicle impounded as a result of a traffic arrest, pursuant this chapter, has a right to a hearing, before the Police Chief or designee, as the administrative hearings officer, to contest the validity of an impoundment or the amount of towing and storage charges, if such 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 days (including Saturdays, Sundays, and holidays) of the latter of the date the notice was mailed to such person pursuant to LMC 10.28.040, 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 expiration of any period of impoundment under LMC 10.28.010, have been satisfied, then the impounded vehicle shall be released immediately, and a hearing as provided for in LMC 10.28.060 shall be held within 90 days of the written request for hearing.

2. If all of the requirements to redeem the vehicle, including expiration of any period of impoundment under LMC 10.28.010, have not been satisfied, then the impounded vehicle shall not be released until after the hearing which, pursuant to LMC 10.28.060, shall be held within 10 business days (excluding Saturdays, Sundays and holidays) of the written request for hearing.

3. Any person seeking a hearing who has failed to request such hearing within the time specified in LMC 10.28.060, may petition the Chief of Police 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 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 hearing, and an extension to file such a request has not 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 towing and storage charges arising from the impoundment.

5. In accordance with RCW 46.55.240(1)(d), a decision made by the Police Chief or designee, as administrative hearings officer, may be appealed to the Lakewood 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 the Municipal Court within 15 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 the Pierce County 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. [Ord. 511 § 3, 2010; Ord. 316 § 4, 2003; Ord. 214 § 4, 1999; Ord. 194 § 1, 1999.]