A. Within five days of receiving a written request for hearing, the district court shall notify the registered tow truck operator, the person requesting a hearing (if not the owner), the last registered and/or legal owners of the vehicle as determined by the Department of Motor Vehicle records and the agency responsible for the impound, of the hearing date and time.
B. At the hearing, the person or persons requesting the hearing may produce any relevant evidence to show that the impoundment, towing, or storage fees charged were not proper. The court may consider a written report made under oath by the officer who authorized the impoundment in lieu of the officer's personal appearance at the hearing.
C. At the conclusion of the hearing, the county district court shall determine whether the impoundment was proper, whether the towing or storage fees charged were in compliance with the posted rates, and determine who is responsible for payment of the fees. The court may not adjust fees or charges that are in compliance with the registered tow truck operator's posted or contracted rates.
D. If the impoundment is found proper, the impoundment, towing, and storage fees as permitted under this chapter, together with court costs, shall be assessed against the person or persons requesting the hearing, unless the operator did not have a written impoundment order from the appropriate law enforcement agency.
E. If the impoundment is determined to be in violation of this chapter, then the registered and legal owners of the vehicle shall bear no impoundment, towing, or storage fees, and any security shall be returned or discharged as appropriate, and the person or agency who authorized the impoundment, shall be liable for any towing, storage, or other impoundment fees permitted under this chapter. The court shall enter judgment in favor of the registered tow truck operator against the person or agency authorizing the impoundment, for the impoundment, towing, and storage fees paid. In addition, the court shall enter judgment in favor of the registered and legal owners of the vehicle or other item of personal property registered or titled with the Department of Motor Vehicles, for the amount of the filing fee required by law for the impound hearing petition as well as reasonable damages for loss of the use of the vehicle during the time the same was impounded, for not less than fifty dollars per day, against the person or agency authorizing the impoundment. However, if an impoundment arising from the alleged violation of RCW 46.20.342 or 46.20.420 is determined to be in violation of this chapter, then the law enforcement officer directing the impoundment, the government employing the officer, and the tow truck operator who towed or stored the vehicle are not liable for damages if the officer and tow truck operator relied in good faith and without gross negligence on the records of the Department of Motor Vehicles in ascertaining that the operator of the vehicle had a suspended or revoked driver's license at the time he or she was operating the vehicle. (Ord. 1999-08)