3-29
PUBLIC NUISANCE OF VEHICLES USED IN THE COMMISSION OF ILLEGAL DUMPING:

3-29.1 Declaration Of Public Nuisance:

A vehicle used in the commission or attempted commission of illegal dumping, or an act related thereto, as defined in section 374.3(h) of the Penal Code, is declared to be a public nuisance and shall be subject to seizure and impoundment for a period of up to thirty (30) days in accordance with this section, if the owner or operator of the vehicle has had a prior conviction for the same offense within the past three (3) years. (Ord. #1626, §1)

3-29.2 Seizure And Impoundment Of Vehicle:

a.    A vehicle shall be seized and impounded pursuant to this section upon the occurrence of both of the following:

1.    A valid arrest of the driver of a vehicle for the commission or attempted commission of illegal dumping, or an act related thereto, as defined in section 374.3(h) of the Penal Code; and

2.    At the time of the arrest, the owner or operator of the vehicle has had a prior conviction for illegal dumping, or an act related thereto, as defined in section 374.3(h) of the Penal Code within the past three (3) years.

b.    Impoundment shall be for a period of up to thirty (30) days. Any period during which a vehicle is subjected to storage pursuant to this section shall be included as part of the period of impoundment.

c.    Except as provided in subsection 3-29.5c of this section, a vehicle impounded pursuant to this section shall be subject to a vehicle release fee of two hundred fifty dollars ($250.00) as part of the city’s administrative costs prior to release of the impounded vehicle. If a poststorage hearing is requested, the vehicle release fee must be paid before the commencement of the poststorage hearing. (Ord. #1626, §1)

3-29.3 Notice To Owner; Poststorage Hearing:

a.    Within two (2) working days after impoundment, the city shall send by certified mail, return receipt requested, a notice to the legal and registered owner(s) of the vehicle at the address obtained from the department of motor vehicles that the vehicle has been impounded. The notice shall also inform the owner of an opportunity for a poststorage hearing to determine the validity of the storage or to determine mitigating circumstances establishing that the vehicle should be released.

b.    The notice shall contain:

1.    The name, address, and telephone number of the city hall;

2.    The description of the vehicle, including, if available, the make, model, year, license plate number, and mileage;

3.    The location of the place of storage of the vehicle;

4.    The authority and purpose for the removal and impoundment of the vehicle; and

5.    A statement that, in order to receive a poststorage hearing, the owner(s), or agent(s) thereof, shall request a hearing in person, writing, or by telephone within ten (10) days of the date of the notice.

c.    The poststorage hearing shall be conducted within forty eight (48) hours of the request for hearing, excluding weekends and holidays. Failure of the legal and registered owners, or their respective agents, to request or to attend a scheduled hearing shall satisfy the poststorage hearing requirement.

d.    The city shall designate one of its own officers or employees, who is not the same person who directed the seizure of the vehicle, as the hearing officer to conduct the poststorage hearing.

e.    The hearing officer shall establish whether there are reasonable grounds for the storage of the vehicle and mitigating circumstances establishing that the vehicle should be released. If it is determined at the poststorage hearing that there are no reasonable grounds for the storage of the vehicle, the city shall be responsible for the costs incurred for towing and storage. (Ord. #1626, §1)

3-29.4 Release To Registered Owner Prior To End Of Impoundment Period:

a.    A vehicle impounded pursuant to this section shall be released to the registered owner or his or her agent prior to the end of the impoundment period only upon the occurrence of one or more of the following circumstances:

1.    The driver of the impounded vehicle was arrested without probable cause;

2.    The vehicle is a stolen vehicle;

3.    The vehicle is subject to bailment and was driven by an unlicensed employee of a business establishment, including a parking service or repair garage;

4.    The driver of the vehicle is not the sole registered owner of the vehicle and the vehicle is being released to another registered owner of the vehicle who signs an affidavit agreeing not to allow the driver to use the vehicle until after the end of the impoundment period;

5.    The registered owner of the vehicle was neither the driver nor a passenger of the vehicle at the time of the alleged violation, or was unaware that the driver was using the vehicle to engage in illegal dumping, or an act related thereto, as defined in section 374.3(h) of the Penal Code; or

6.    A spouse, registered domestic partner, or other affected third party objects to the impoundment of the vehicle on the grounds that it would create a hardship if the subject vehicle is the sole vehicle in a household, and that hardship outweighs the seriousness and severity of the act in which the vehicle was used. Said spouse, registered domestic partner, or other affected third party shall sign an affidavit agreeing not to allow the driver to use the vehicle until after the end of the impoundment period.

b.    Notwithstanding any other provision of law, if a vehicle is released prior to the end of the impoundment period because the driver was arrested without probable cause, neither the arrested person nor the registered owner of the vehicle shall be responsible for the towing and storage charges.

c.    Except as provided in this section, the registered owner or his or her agent shall be responsible for all towing and storage charges related to the impoundment of the vehicle.

d.    Any registered owner who knowingly releases or causes the release of a vehicle to another registered owner or the driver in violation of this section shall be subject to a fine of five hundred dollars ($500.00). (Ord. #1626, §1)

3-29.5 Release To Legal Owner Prior To End Of Impoundment Period:

a.    A vehicle impounded pursuant to this section shall be released to the legal owner or its agent prior to the end of the impoundment period only if both of the following conditions are met:

1.    The legal owner is a motor vehicle dealer, bank, credit union, acceptance corporation, or other licensed financial institution legally operating in California, or is another person who is not the registered owner and holds a security interest in the vehicle; and

2.    The legal owner or its agent pays all of the towing and storage fees related to the seizure and impoundment of the vehicle.

b.    No lien sale processing fees shall be charged to the legal owner who redeems the vehicle prior to the fifteenth day of the impoundment period.

c.    The legal owner or its agent shall not be required to pay any administrative charges imposed pursuant section 22850.5 of the Vehicle Code, unless the legal owner voluntarily requests a poststorage hearing. A legal owner or its agent shall not be required to request a poststorage hearing as a condition for the release of the vehicle to the legal owner or the legal owner’s agent.

d.    The legal owner or its agent shall present the following documentation to the city, its law enforcement, person in possession of the vehicle, or any person acting on behalf of these agencies:

1.    A copy of the assignment, as defined in subdivision (b) of section 7500.1 of the Business and Professions Code;

2.    A release from the city of liability;

3.    A government issued photographic identification card;

4.    Any one of the following as determined by the legal owner or the legal owner’s agent:

(a)    A certificate of repossession for the vehicle;

(b)    A security agreement for the vehicle; or

(c)    Title, whether or not paperless or electronic, showing proof of legal ownership for the vehicle; and

5.    A copy of a repossession agency license or registration issued pursuant to chapter 11 (commencing with section 7500) of division 3 of the Business and Professions Code, or documentation that the legal owner is exempt from licensure pursuant to section 7500.2 or 7500.3 of the Business and Professions Code.

Any documents presented may be originals, photocopies, or facsimile copies, or may be transmitted electronically. None of the acceptable documents are required to be notarized. The city, its law enforcement, person in possession of the vehicle, or any person acting on behalf of these agencies shall keep copies of all documentation in accordance with its normal record retention policy. No other documentation other than those set forth in this section shall be required for the release of the vehicle.

e.    The legal owner or its agent shall be given a copy of any documents that are required to be signed, except for a vehicle evidentiary hold logbook.

f.    The legal owner shall indemnify and hold harmless a storage facility from any claims arising out of the release of the vehicle to the legal owner or the legal owner’s agent and from any damage to the vehicle after its release, including the reasonable costs associated with defending any such claims.

g.    The legal owner may require the registered owner to pay all towing and storage charges related to the seizure and impoundment of the vehicle prior to its relinquishment. (Ord. #1626, §1)

3-29.6 Release To Rental Car Agency Prior To End Of Impoundment Period:

a.    A vehicle impounded pursuant to this section shall be released to a rental car agency or its agent prior to the end of the impoundment period only if both of the following conditions are met:

1.    The rental car agency is either the legal owner or registered owner of the vehicle; and

2.    The rental car agency or its agent pays all of the towing and storage fees related to the seizure and impoundment of the vehicle.

b.    The rental car agency may continue to rent the vehicle upon recovery of the vehicle. However, the rental car agency shall not rent another vehicle to the driver of the vehicle that was seized until the impoundment period has expired.

c.    The rental car agency may require the person to whom the vehicle was rented to pay all towing and storage charges related to the seizure and impoundment of the vehicle. (Ord. #1626, §1)

3-29.7 Operators Of Storage Facilities:

a.    Operators of storage facilities where vehicles impounded pursuant to this section are stored shall accept from a legal or registered owner, or an agent thereof, a valid bank credit card, as defined in section 1747.02 of the Civil Code, or cash for the payment of towing, storage, and other fees related to the impounded vehicle.

b.    Operators of storage facilities violating subsection 3-29.7a of this section shall be civilly liable to the owner of the vehicle or the person who tendered the fees for four (4) times the amount of the towing, storage, and other fees, which liability shall not exceed five hundred dollars ($500.00).

c.    Operators of storage facilities shall have sufficient funds on the premises of the primary storage facility during normal business hours to accommodate, and make change for, a reasonable monetary transaction.

d.    Credit charges for towing and storage services shall comply with section 1748.1 of the Civil Code. Law enforcement may include the costs of providing for payment by credit when making agreements with towing companies on rates.

e.    Failure by an operator of a storage facility to comply with any applicable conditions of this section shall not affect the right of the legal owner or its agent to retrieve the vehicle if all conditions required of the legal owner or its agent are satisfied. (Ord. #1626, §1)