8.24.038 Impound procedures | Gig Harbor Municipal Code

8.24.038 Impound procedures.

The harbor warden shall implement the following procedures to impound any vessel, watercraft or obstruction under the authority provided in GHMC 8.24.036;

A. Where immediate removal of the vessel, watercraft or obstruction is not required, the harbor warden shall attach a readily visible written notification to the vessel, watercraft or obstruction. The written notification shall contain the following information:

1. The date and time the written notification was attached;

2. A statement that if the vessel, watercraft or obstruction is not removed within 72 hours from the time the written notification is attached, it will be taken into custody, moored and stored at the owner’s expense;

3. The address and telephone number where additional information may be obtained.

B. The harbor warden shall check the records to learn the identity of the last owner of record with the state of Washington. The warden shall make a reasonable effort to contact the owner by telephone in order to give the owner the information on the written notification.

C. If the vessel, watercraft or obstruction is not removed within 72 hours from the time the written notification is attached, or in those cases where immediate removal is appropriate (as described in this chapter), the harbor warden may take custody of the vessel, watercraft or obstruction and provide for the removal, mooring and/or storage to a place of safety.

D. All vessels, watercraft or obstructions shall be taken to the nearest mooring or storage location that has been inspected by the police department.

E. All vessels, watercraft or obstructions shall be handled and returned in substantially the same condition as they existed before being towed.

F. All personal belongings and contents in the vessel, watercraft or obstruction, with the exception of those items of personal property that are registered or titled with the police department, shall be kept intact, and shall be returned to the owner of the vessel, watercraft or obstruction during normal business hours and upon request and presentation of a driver’s license or other sufficient identification. Personal belongings, with the exception of those items of personal property that are registered or titled with the department, shall not be sold at auction to fulfill a lien against the vessel, watercraft or obstruction.

G. All personal belongings, with the exception of those items of personal property that are registered or titled with the police department, not claimed before the auction, shall be disposed of pursuant to Chapter 63.32 or 63.40 RCW.

H. Any person who shows proof of ownership or written authorization from the impounded vessel or watercraft’s registration, or of the legal owner of the vessel or watercraft’s insurer, may view the vessel or watercraft without charge during normal business hours.

I. The owner of the vessel, watercraft or obstruction is liable for costs incurred in removing, storing and disposing of same, less amounts realized at auction.

J. When the vessel, watercraft or obstruction is impounded, the harbor warden shall notify the legal and registered owners of the vessel, watercraft or obstruction if known, of the impoundment and proposed sale of same. The owners of any personal property registered or titled with the police department shall be notified of disposition of such property pursuant to Chapter 63.32 or 63.40 RCW, of the impoundment and proposed sale of same. The notification shall be sent by first class mail within 24 hours after the impoundment to the last known registered and legal owners of the vehicle, and the owners of any other items of personal property registered or titled with the police department. The notice shall include the location, time of the impoundment, and by whose authority the vehicle was impounded. The notice shall also include the written notice of the right of redemption and opportunity to contest the validity of the impoundment pursuant to the procedures described below.

1. Any person seeking to redeem an impounded vessel, watercraft or obstruction under this section has a right to a hearing in the municipal court for the jurisdiction in which the vehicle was impounded, to contest the validity of the impoundment or the amount of towing and storage charges. Any request for a hearing shall be made in writing and must be received by the municipal court within 10 days of the date the opportunity was provided for in subsection J of this section. If the hearing request is not received by the municipal court within the 10-day period, the right to a hearing is waived and the registered owner is liable for any towing, storage or other impoundment charges permitted under this chapter.

2. The procedures to be followed by the municipal court for notification to parties, jurisdiction, and determinations to be made by the court shall be the same as set forth in state law for vehicles (RCW 46.55.120(2)(b) through 46.55.120(4), as the same currently exist or may hereafter be amended). In the event that the city has incurred costs relating to the towing, storage and impoundment of the vessel, watercraft or obstruction, the procedures for entry of a judgment in RCW 46.55.120 (as the same currently exists or may hereafter be amended) shall apply to the city.

1. If, after the expiration of 30 days from the date of mailing of notice of impoundment and proposed sale required in subsection J of this section to the registered and legal owners, the vessel, watercraft or obstruction remains unclaimed and has not been listed as stolen, then the harbor warden shall conduct a sale of the vessel, watercraft or obstruction at public auction. Prior notification of the public auction shall be given by publication in the city’s official newspaper at least once, more than 10 days but less than 20 days prior to auction, which shall include the auction date, place and time. The notice shall also contain a description of the vessel, watercraft or obstruction, including any make, model, year and registration number and a notification that at least a three-hour viewing period will be available before the auction. The auction shall be held during daylight hours of a normal business day.

2. The following procedures are required in any public auction of such vessels, watercraft or obstructions:

a. The auction shall be held in such a manner that all persons present are given an equal time and opportunity to bid.

b. The harbor warden shall post a copy of the auction procedure at the bidding site. If the bidding site is different from the police department, the warden shall post a clearly visible sign at the police department that describes in detail where the auction will be held. At the bidding site, a copy of the newspaper advertisement that lists the vessels, watercraft or obstruction for sale shall be posted.

c. All bidders must be present at the time of auction unless they have submitted to the harbor warden, who may or may not choose to use the preauction bid method, a written bid. Written bids may be submitted up to five calendar days before the auction and shall clearly state which vehicle is being bid upon, the amount of the bid, and who is submitting the bid.

d. The open bid process, including all written bids, shall be used so that everyone knows the dollar value that must be exceeded.

e. The highest two bids received shall be recorded in written form and shall include the name, address, and telephone number of each such bidder.

f. In case of bidder defaults, the next bidder has the right to purchase the vessel, watercraft or obstruction for the amount of his or her bid.

g. The successful bidder shall apply for title (if applicable) within 15 days.

h. If the harbor warden receives no bid, or if the warden is the successful bidder at auction, the warden shall sell the vessel, watercraft or obstruction to a licensed vehicle wrecker, hulk hauler, or scrap processor, or the warden shall apply for title to the vessel or watercraft.

M. The city shall have a lien upon the impounded vessel, watercraft or obstruction for services provided in the towing, storage and impoundment, unless the impoundment is determined to have been invalid. The lien does not apply to personal property in or upon the vessel, watercraft or obstruction that is not permanently attached to or is not an integral part of the vessel, watercraft or obstruction except for items of personal property registered or titled with the police department. The cost of the auction or a buyer’s fee may not be added to the amount charged for the vessel, watercraft or obstruction at auction, or added to the lien imposed or any overage due. (Ord. 1334 § 1, 2016; Ord. 766 § 2, 1997).