10.60.660 Vehicle impoundment – Procedure to reclaim vehicle.
(a) If a vehicle remains immobilized after 48 hours from the date of the notice in TMC 10.60.640, it will be subject to impoundment by the Police Department. Members of the Police Department are authorized to remove such vehicle to the nearest private garage or a place designated or maintained by the Police Department and hold it until the requirements for claiming the vehicle in subsection (c) of this section are satisfied.
(b) A written notice shall be sent by first class mail to the registered owner and lienholder of record within 48 hours of the vehicle’s removal advising such person(s) of the procedures available to regain possession of the vehicle and challenge the impoundment.
(c) Once a vehicle has been impounded, the registered owner or lienholder may:
(1) Regain possession by paying all charges associated with the impoundment, including but not limited to the removal fee, parking fines, towing fees, and storage charges;
(2) Regain possession by signing a signature bond in the amount of the charges in subsection (c)(1) of this section; or
(3) Request a hearing on the validity of the impoundment to be held before the Municipal Court judge before the seventh business day following such request. Before the registered owner or lienholder can regain possession, the Municipal Court judge must determine whether or not there was probable cause for the impoundment. If there was probable cause, the judge will order the registered owner or lienholder to comply with subsection (c)(1) or (c)(2) of this section before possession may be regained. If no probable cause for the impoundment can be shown, the vehicle shall be returned to the registered owner or lienholder. No vehicle shall be returned until the registered owner or lienholder provides sufficient documentation to establish right to possession.
(4) The purpose of the hearing in subsection (c)(3) of this section will be to determine whether the impoundment was warranted. If the impoundment was not warranted and the registered owner or lienholder has previously paid the charges identified in subsection (c)(1) of this section, such charges shall be refunded by the City. Refunds may be ordered by the Municipal Court and the registered owner or lienholder shall not be required to submit a claim to the City Council.
(d) Personal property found in the vehicle may be released at any time to the owner of such property upon presentation of proof of ownership or right to possession of such personal property. (Ord. 19589 § 6, 6-14-11.)