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HomeMy WebLinkAboutVan Crozier lt2 Denis Law Clty Of Mayor � ti�Y O� !3 �'a � ' � ♦ rr���`,{ City Clerk -Jason A.Seth,CMC September 16, 2016 Van Crozier 4301 NE 20th St Renton, WA 98059 Re: Hearing Examiner's Decision Case No.: 16-8235 (1993 SAAB) Dear Ms. Crozier: I have attached the Hearing Examiner's Decision dated September 14, 2016, in the above referenced matter. The Hearing Examiner has ruled to give you a refund of$50.00. The City will send your check separately. If you have any questions or concerns, please feel free to contact me. Sincerely, Jason A. Seth, CMC City Clerk cc: Hearing Examiner Chief Kevin Milosevich Officer Kelly Matsukawa Finance/Accounts Payable 1055 South Grady Way• Renton,Washington 98057 • (425)430-6510/Fax(425)430-6516• rentonwa.gov BEFORE the HEARING EXAMINER for the CITY of RENTON VEHICLE IMPOUND APPEAL DECISION FILE NUMBER: 16-8235 APPELLANT: Van Crozier 4301 NE 20`" St. Renton, WA 98059 RESPONDENT: Renton Police Department IMPOUND LOCATION 4303 NE 20�h St./Vashon Ave NE VEHICLE IMPOUNDED: 1993 Saab 900, WA License ALK1512 SUMMARY OF DECISION: Appeal DENIED, but refund of $50 due for delay in commencement of hearing. DATE OF DECISION: September 13, 2016 Summary Van Crozier has appealed the costs incurred in the City of Renton's impoundment of the subject vehicle on June 28, 2016. The appeal is denied. Ms. Crozier based her appeal on language in a citation associated with the impound that she had 24 hours to move the vehicle to avoid the impound. The citation in fact stated that the vehicle would be impounded within 24 hours, not that Mr. Crozier had 24 hours to move the vehicle. However, the examiner did authorize a $50 refund due to the two-hour delay in appearance by the examiner caused by a freeway accident. The hearing examiner is waving $50 in examiner fees to the City for this refund. Testimony Ms. Crozier testi�ed that she had received a 24-hour notice that her car would be impounded. The car is owned by her husband and is a stick shift, which Ms. Van Crozier is unable to drive. Ms. Van Crozier had a arranged for a friend to move the car the following morning at 9:00 am, Impound Appeal Vehicle Impound Appeal Page 2 of 4 but the vehicle had already been impounded by 7:00 am the following morning. She received a ticket on June 27, 2016 that stated she had 24 hours to move the vehicle. Exhibits The following documents are admitted into the record: 1 July 19, 2016 Scheduling Letter 2 June 28, 2016 Impound hearing request 3 Impound Receipt 4 Impound Inventory Record 5 June 27, 2016 citation for abandoned vehicle. FINDINGS OF FACT Procedural: 1. The hearing examiner held a hearing on the appeal on August 9, 2016 at the Renton City Hall City Council Chambers. Substantive: 2. Van Crozier or her husband, Dirk Crozier owns the subject vehicle, a 1993 Saab 900, WA Lic ALK1512. 3. On 6/7/16 the subject vehicle was tagged as abandoned, parked on the side of the roadway in the 4300 block of NE 20th St in Renton, Washington. On 6/28/16 the vehicle was still parked in the same location with tires still chalked. Ms. Crozier does not dispute that the subject vehicle had been parked in the same location on 6/28/16 for more than 72 hours. It is determined that on 6/28/16 the subject vehicle had been parked in the same location in the 4300 block of NE 20th St in Renton, Washington for more than 72 hours. 4. Ms. Crozier asserted during her testimony at the hearing that the citation she received for the impound noted that she had 24 hours to move the vehicle before it was impounded. Ms. Crozier had made arrangements to have the vehicle moved less than 24 hours from the issuance of the citation, but her vehicle was impounded in even less time. The citation in fact stated that the vehicle would be impounded within 24 hours, not that Ms. Crozier had 24 hours to move it. Vehicle Impound Appeal Page 3 of 4 LEGAL FRAMEWORK 1 The Examiner is legally required to decide this appeal within the framework created by the following principles: Authoritv Owners of impounded vehicles may appeal to the Examiner. The Examiner makes a final decision within 30 days of the close of the hearing which is subject to the right of reconsideration and appeal to Superior Court. [RMC 10-5-4 et seq.] The Examiner is required to "determine whether the impoundment, and/or towing, and/or storage fees charged were proper .... Should the Hearing Examiner determine that the towing and/or storage fees charged were not proper, then the Hearing Examiner shall determine the proper amount ...." [RMC 10- 5-7E] "If the impoundment is found proper, the expense of the hearing shall be assessed as a civil penalty against the owner of the vehicle impounded." [RMC 10-5-7F] "If the impound is not found proper the owner of the vehicle shall bear no costs, and the City shall refund to the owner the cost of towing and storage." [RMC 10-5-7G] "Nothing in [Chapter 10-5 RMC] shall be construed to prevent the Hearing Examiner exercising discretion in assessing penalties, costs or arranging time payments if justice so requires." [RMC 10-5-7I] Standard of Review The standard of review is preponderance of the evidence. The City has the burden to prove that the impound was proper. [RMC 10-5-7C] The Appellant has the burden to prove that the towing and/or storage fees charged were not proper. [RMC 10-5-7D] Scone of Consideration The Examiner has considered: all of the evidence and testimony; applicable adopted laws and ordinances; and the pleadings, positions, and arguments of the parties of record. CONCLUSIONS OF LAW 1 Any statement in this section deemed to be either a Finding of Fact or a Conclusion of Law is hereby adopted as such. Vehicle Impound Appeal Page 4 of 4 2. The basis of the impound in this case was that the subject vehicle was parked on a public street for more than 72 hours as prohibited by RMC 10-10-14. As determined in Finding of Fact No. 3, the vehicle was parked for more than 72 hours on a public street. Consequently, the impound was proper and no refund is due. As further noted in the findings, Ms. Crozier asserted that her citation for parking more than 72 hours included a statement that she had 24 hours to move the vehicle. The citation did not give Ms. Crozier 24 hours to move the vehicle and only noted that the vehicle would be impounded within 24 hours. RMC 10-10-14(D) does require the tagging of a vehicle with a notice that the owner has 24 hours to move the vehicle prior to impound, but this notice was likely placed on the vehicle when it was first tagged on June 7, 2016. Ms. Crozier did not assert that the vehicle had never been tagged with the 24-hour notice required by RMC 10-10-14(D), but rather based her assignment of error to the citation, which was not required to provide the RMC 10-10-14(D) 24 hour notice if that notice had already been affixed to the vehicle on June 7, 2016. DECISION Based upon the preceding Findings of Fact and Conclusions of Law, and the testimony and evidence submitted at the open record hearing, the appeal is DENIED. However, due to the two-hour delay in the appeal hearing a refund of$50 shall be mailed to Ms. Crozier. Decision issued September 14, 2016. �,���,�-y''�'",� ��.--"�C�. Fhil'A,C)l6rechts Hearing Examiner NOTICE of RIGHT of APPEAL This Decision is final subject to the right of the appeal to Superior Court.