1. Whenever any police officer or parking enforcement officer finds a vehicle stopped or parked upon any roadway or alley, whether attended or unattended, the officer is authorized to provide for the removal of the vehicle or require the driver or other person in charge of the vehicle to move the vehicle to a position off the roadway or alley or away from the main traveled portion thereof;

2. Whenever any police officer or parking enforcement officer finds a vehicle unattended upon any highway where the vehicle constitutes an obstruction to traffic or jeopardizes public safety;

3. Whenever a police officer finds an unattended vehicle at the scene of an accident or when the driver of any vehicle involved in an accident is physically or mentally incapable, or too intoxicated, to decide upon steps to be taken to protect the driver’s property;

4. Whenever the driver of a vehicle is arrested and taken into custody by a police officer;

5. Whenever a police officer discovers a vehicle which the police officer determines to be a stolen vehicle;

6. Whenever any police officer or parking enforcement officer finds a vehicle standing or parked in a designated tow-away zone;

7. Whenever a police officer or parking enforcement officer finds a vehicle without a special license plate, parking placard, or special year tab indicating that the vehicle is being used to transport a disabled person pursuant to Chapter 46.19 RCW parked in a stall or space that is clearly and conspicuously marked, as described in the city’s parking ordinance, as a parking space or stall for a disabled person, on private property without charge or on public property;

8. Whenever any police officer or parking enforcement officer finds a vehicle standing or parked in a fire lane or within fifteen feet of any fire hydrant whether on public or private property;

9. Whenever a police officer or parking enforcement officer finds a vehicle parked in a public right-of-way or on other publicly owned or controlled property in violation of any law, ordinance or regulation and there are four or more parking infractions issued against the vehicle for each of which a person has failed to respond, failed to appear at a requested hearing, or failed to pay an adjudicated parking infraction for at least forty-five days from the date of the filing of the notice of infraction;

10. Whenever a police officer or parking enforcement officer determines that a person is operating a motor vehicle without a valid driver’s license or, if required by Chapter 46.20 RCW, a specially endorsed driver’s license, or with a license that has been expired for ninety days or more;

11. Whenever a police officer or parking enforcement officer determines that the vehicle has an expired registration of more than forty-five days and is parked on a public street;

12. Whenever a vehicle is illegally occupying a truck, commercial loading zone, restricted parking zone, bus, loading, hooded-meter, taxi, street construction or maintenance, or other similar zone where, by order of the director of transportation or chiefs of police or fire or their designees, parking is limited to designated classes of vehicles or is prohibited during certain hours, on designated days or at all times, if the zone has been established with signage for at least twenty-four hours and where the vehicle is interfering with the proper and intended use of the zone. Signage must give notice to the public that a vehicle will be removed if illegally parked in the zone.

1. The registered tow truck operator shall give to each person who seeks to redeem an impounded vehicle written notice of the right of redemption and opportunity for a hearing, which notice shall be accompanied by a form to be used for requesting a hearing, and a copy of the towing and storage invoice. The registered tow truck operator shall maintain a record evidenced by the redeeming person’s signature that such notification was provided.

2. Any person seeking to redeem an impounded vehicle under this section shall be entitled to a hearing to contest the validity of the impoundment or the amount of removal, towing and storage charges, or administrative fee. The mayor or the mayor’s designee (hereafter referred to as mayor) shall serve as the city’s administrative hearings officer therefor. The mayor has jurisdiction to determine the issues involving all impoundments including those authorized by the state or its agents. The mayor shall not have the authority to determine the commission or mitigation of any parking infraction unless a timely response under city ordinance is filed to that notice of infraction requesting a hearing and the hearing date for that infraction has not passed, in which case the mayor has discretion to consolidate the impoundment hearing and the notice of infraction hearing. Any request for a hearing shall be made in writing on the form provided for that purpose and must be received by the mayor within ten days of the date the opportunity was provided for in subsection (B)(1) of this section. If the hearing request is not received by the mayor within the ten-day period, 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 responsible for removal, towing and storage charges arising from the impoundment and the registered owner is liable for any removal, towing, storage, or other impoundment charges permitted. Upon receipt of a timely hearing request, the mayor or the mayor’s designee shall proceed to hear and determine the validity of the impoundment.

3. The mayor, within five days after the request for a hearing, shall notify the registered tow truck operator, the person requesting the hearing, if not the owner, and the registered and legal owners of the vehicle, and the person or agency authorizing the impound in writing of the hearing date and time.

4. At the hearing, the person or persons requesting the hearing may produce any relevant evidence to show that the removal, impoundment, towing, storage fees, or administrative fees charged were not proper.

5. At the conclusion of the hearing, the mayor shall determine whether the impoundment was proper, whether the towing, storage fees, or administrative fees charged were in compliance with the posted rates, and who is responsible for payment of the fees.

6. If the impoundment is found proper, the removal, impoundment, towing, storage fees, and administrative fees as permitted together with any administrative costs shall be assessed against the person or persons requesting the hearing, unless the operator did not have a signed and valid impoundment authorization from a private property owner or an authorized agent.

7. If the impoundment is determined to be invalid, then the registered and legal owners of the vehicle shall bear no removal, impoundment, towing, storage fees, administrative fees and any bond or other security shall be returned or discharged as appropriate, and the person or agency who authorized the impoundment shall be liable for any removal, towing, storage, administrative fees or other impoundment fees permitted.

8. The decision of the mayor shall be final unless an appeal is filed with the Everett district court within fifteen days of the date of the determination made by the mayor.

1. Any person redeeming a vehicle impounded by the city of Everett shall pay the towing contractor for costs of impoundment (removal, towing, and storage) and any administrative fee assessed by the city prior to redeeming the vehicle. The administrative fee shall be for the purpose of offsetting, to the extent practicable, the cost to the city of implementing, enforcing and administering the provisions of this chapter. The administrative fee shall be deposited in an appropriate account. The administrative fee shall be set by rule by the director of finance and police chief.

2. If a vehicle is impounded pursuant to subsection (A)(9) of this section, in addition to the impoundment and administrative fees, the vehicle may not be released to any person until all penalties, fines or fees on all parking infractions described in subsection (A)(9) of this section have been paid in full. Upon payment in full of such obligations, the court may issue a written release allowing the vehicle to be released from impoundment.

3. The finance director and the chief of police are authorized to promulgate rules and regulations, consistent with this chapter and the regulations of the city, to provide a fair and efficient administration of the provisions of this chapter. (Ord. 3440-15 § 4, 2015; Ord. 3388-14 § 1, 2014; Ord. 3028-07 § 1, 2007; Ord. 2396-99 § 1, 1999; Ord. 1531-88 § 1, 1988; Ord. 1068-84 § 1, 1984; Ord. 993-83 § 1, 1983.)