8.88.254 Impound Procedures.
The Sheriff shall implement the following procedures to impound any vessel or obstruction under the authority provided in this Chapter:
A. Where immediate removal of the vessel or obstruction is not required, the Sheriff shall attach a readily visible written notification to the vessel 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 or obstruction is not removed within 30 days once declared abandoned and posted for 30 days, 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 Sheriff shall check the records to learn the identity of the last owner of record. The Sheriff 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 or obstruction is not removed within 30 days after being declared abandoned and posted for 30 days, or in those cases where immediate removal is appropriate (as described in this Chapter), the Sheriff may take custody of the vessel or obstruction and provide for its removal, mooring, storage, or selling at auction.
D. All personal belongings and contents in the vessel or obstruction shall be kept in the vessel or obstruction, and shall be returned to the owner of the vessel or obstruction during normal business hours and upon request and presentation of a driver's license or other sufficient identification.
E. All personal belongings not claimed before the auction shall be disposed of pursuant to Chapter 63.32 or 63.40 RCW.
F. Any person who shows proof of ownership or written authorization from the impounded vessel's legal owner or the vessel's insurer may view the vessel without charge during normal business hours after first setting up an appointment with the Sheriff to do so.
G. The owner of the vessel or obstruction is liable for costs incurred in removing, storing and disposing of the vessel or obstruction, less amounts realized at auction.
H. When the vessel or obstruction is impounded, the Sheriff shall notify the legal and registered owners of the vessel or obstruction if known, of the impoundment and proposed sale of the vessel or obstruction. The owners of any personal property on or in the vessel shall be notified of disposition of such property pursuant to Chapter 63.32 or 63.40 RCW, of the impoundment and proposed sale of the personal property. 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 vessel, and the owners of any other items of personal property on the vessel. The notice shall include the location, time of the impoundment, and by whose authority the vessel 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.
I. Right to Hearing.
1. The legal or registered owner of an impounded vessel or obstruction seeking to redeem their impounded vessel or obstruction under this Section has a right to a hearing in District Court to contest the validity of the impoundment or the amount of removal and storage charges. Any request for a hearing shall be made in writing on the form provided for that purpose and must be received by the District Court within 10 days of the date the opportunity was provided for in subsection I of this Section. If the hearing request is not received by the District Court within the 10-day period, the right to a hearing is waived and the registered owner is liable for any removal, storage or other impoundment charges permitted under this Chapter. Care should be exercised so that all vessels or obstructions are returned in substantially the same condition as they existed before being impounded.
2. The procedures to be followed by the district 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 it currently exists or may hereafter be amended). In the event that the county has incurred costs relating to the removal, storage and impoundment of the vessel or obstruction, the procedures for entry of a judgment in RCW 46.55.120 (as it currently exists or may hereafter be amended) shall apply to the County.
J. Public Auction.
1. If, after the expiration of 30 days from the date of mailing of notice of impoundment and proposed sale required in subsection I of this Section to the registered and legal owners, the vessel or obstruction remains unclaimed and has not been listed as stolen, then the Sheriff shall sell the vessel or obstruction at public auction. The proceeds from the sale of the vessel or obstruction or any related personal property shall be deposited in the fund that incurred the expense of removal, storage and impounded.
2. If the Sheriff receives no bid, the Sheriff shall sell the vessel or obstruction to a licensed bulk hauler or scrap processor. If the Sheriff is the successful bidder at auction, the Sheriff shall apply for title to the vessel.
K. The County shall have a lien upon the impounded vessel or obstruction for services provided in the removal, 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 or obstruction that is not permanently attached to or is not an integral part of the vessel or obstruction. The cost of the auction or a buyer's fee may not be added to the amount charged for the vessel or obstruction at auction, or added to the lien imposed or any overage due.