Article I — In General

Every act or thing done or being within the city, which is injurious to health or is indecent or offensive to the senses and any obstruction to the free use of property so as to interfere with the comfortable enjoyment of life and property or the unlawful obstruction of any public park, square, street, highway or sidewalk within the city is hereby declared to be a nuisance, and all remedies given by law for the prevention and abatement of nuisances shall apply thereto.

(Ord. No. 10, § 1.)

All unnecessary or offensive accumulations of rubbish or offensive refuse of any kind or character are hereby declared nuisances.

(Ord. No. 10, § 2.)

The placing, keeping or maintaining of woodpiles, or rubbish incident thereto, manure piles, ash piles, piles of lumber, stone, sand, brick, merchandise or hardware, wagons, buggies or other vehicles, wheelbarrows, hand trucks, machinery or other thing whatsoever, in or upon any public park, square, street or sidewalk within the corporate limits of the city, so as to obstruct the free passage or use thereof in the customary manner, or the maintenance or display upon Main Street, or upon the sidewalk of Main Street, of any wares or merchandise of any kind whatever, is hereby specially declared to be a nuisance, and all persons, whether owner, agent or lessee, keeping or conducting any store, stable, restaurant or other place of business within the city, and all persons, whether owner, agent or lessee, occupying any residence within the city, are hereby prohibited from placing, keeping or maintaining any woodpile or the rubbish incident thereto, or any pile of manure, ashes, lumber, stone, sand, brick, merchandise, hardware, vehicles, wheelbarrows, hand trucks, machinery or other obstruction whatever, upon any public park, square, street or sidewalk adjacent to such store, stable, restaurant or other place of business or residence, so as to obstruct the free use and passage thereof, in the customary manner, or to maintain or display upon Main Street or upon the sidewalk of Main Street any wares or merchandise of any kind or character, and all persons, whether owner, agent or lessee, keeping or conducting any store, restaurant or other place of business within the city, are hereby required to keep the public streets, alleys and sidewalks adjacent to such store, stable, restaurant, or other place of business in a neat and clean manner, free from all litter, trash, leaves, rubbish or other refuse; provided, that nothing in this section shall be construed to prohibit any person from making reasonable use of any street or sidewalk adjacent to his premises, during the construction, alteration or repair of any building thereon.

(Ord. No. 125, § 1.)

The placing or dumping of any manure, dirt, trash or rubbish of any kind or character, or putting the carcass of any dead animal or the offal from any slaughterhouse, corral or butcher shop in or upon the borders of the Pit River within the city, is hereby declared to be a nuisance, and all persons, whether owner, agent or lessee, occupying any premises bordering upon the Pit River are hereby prohibited from putting or dumping

any manure, dirt, trash or rubbish of any kind or character, the carcass of any dead animal or the offal from any slaughterhouse, corral or butcher shop in or upon the borders of the Pit River.

(Ord. No. 10, § 2.)

Footnotes:

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Editor's note— Ord. No. 521, § 1, adopted Jan. 21, 2020, repealed former Art. II, §§ 15-6—15-19, and enacted a new Art. II as set out herein. Former Art. II pertained to similar subject matter and derived from Ord. No. 330, §§ 1—14.

In addition to, and in accordance with, the determination made and the authority granted by the state of California pursuant to Section 22660 of the California Vehicle Code to remove abandoned, wrecked, dismantled or inoperative vehicles or parts thereof as public nuisances, the city council makes the following findings and declarations:

The accumulation and storage of abandoned, wrecked, dismantled or inoperative vehicles or parts thereof on private or public property creates a condition tending to reduce the value of private property, to promote blight and deterioration, to invite plundering, to create fire hazards, to constitute an attractive nuisance creating a hazard to the health and safety of minors, to create a harborage for rodents and insects and to be injurious to the health, safety and general welfare. Therefore, the presence of an abandoned, wrecked, dismantled or inoperative vehicle or parts thereof, on private or public property, except as expressly permitted in this article, constitutes a public nuisance which may be abated as such in accordance with the provisions of this article.

(Ord. No. 521, § 1, 1-21-2020)

For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:

"Alley" means any public way without curbs or sidewalk having a roadway not exceeding 25 feet in width which is primarily used for access to the rear or side entrances of abutting properties.

"Highway" means a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. Highway includes street.

"Owner of the land" means the owner of the land on which the vehicle, or parts thereof, is located, as shown on the last equalized assessment roll.

"Owner of the vehicle" means the last registered owner and legal owner of record.

"Vehicle" means a device by which any person or property may be propelled, moved or drawn upon a highway except a device moved by human power or used exclusively upon stationary rails or tracks.

"Vehicle abatement officer" means the chief of police or his or her designated representative.

(Ord. No. 521, § 1, 1-21-2020)

(a)

This article shall not apply to:

(1)

A vehicle, or parts thereof, which is completely enclosed within a building in a lawful manner where the vehicle is not visible from the highway or other public or private property;

(2)

A vehicle, or parts thereof, which is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, licensed vehicle dealer, a junk dealer, or when such storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise;

(3)

A vehicle or parts thereof, located behind a solid fence, six feet in height or not plainly visible from a highway; or

(4)

A vehicle, or parts thereof, of historic value or special interest as described in California Vehicle Code § 5051.

(b)

Nothing in this section authorizes the maintenance of a public or private nuisance as defined under provisions of law other than Chapter 10 (commencing with section 22650) of Division 11 of the Vehicle Code and this article.

(Ord. No. 521, § 1, 1-21-2020)

This article is not the exclusive regulation of abandoned, wrecked, dismantled or inoperative vehicles within the city. It shall supplement and be in addition to the other regulatory codes, statutes and ordinances heretofore or hereafter enacted by the city, county, the state, or any other legal entity or agency having jurisdiction.

(Ord. No. 521, § 1, 1-21-2020)

When the city council of the city has contracted with or granted a franchise to any person or persons to remove vehicles pursuant to this article, such person or persons shall be authorized to enter upon private property or public property to remove or cause the removal of a vehicle or parts thereof declared to be a nuisance pursuant to this article. The authority granted by this section is limited by the Fourth Amendment of the United States Constitution relating to search and seizure.

(Ord. No. 521, § 1, 1-21-2020)

The city council shall, from time to time, by resolution or ordinance, determine and fix an amount to be assessed as administrative costs (excluding the actual cost of removal of any vehicle or part thereof) under this article.

(Ord. No. 521, § 1, 1-21-2020)

Upon discovering the existence of an abandoned, wrecked, dismantled or inoperable vehicle, or parts thereof, on private property or public property within the city, the vehicle abatement office shall have the authority to issue an order declaring such vehicle or parts thereof to be a public nuisance as described in section 15-6, and to cause the abatement, removal and disposal thereof in accordance with the procedures described in this article.

(Ord. No. 521, § 1, 1-21-2020)

A ten-day notice of intention to abate and remove the vehicle, or parts thereof, as a public nuisance shall be mailed by registered or certified mail to the owner of the land as shown on the last equalized assessment roll and to the last registered and legal owner of record, unless the vehicle is in such a condition that identification numbers are not available to determine ownership. The notices of intention shall be in substantially the following form:

To Owner of Land:

ORDER DECLARING EXISTENCE OF PUBLIC NUISANCE, AND NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED, WRECKED, DISMANTLED, OR INOPERATIVE VEHICLE OR PARTS THEREOF AS A PUBLIC NUISANCE

TO: (Name and address of owner of the land)

As owner shown on the last equalized assessment roll of the land located at (address), you are hereby notified that the undersigned, pursuant to Article II of the Alturas City Code, has determined that there exists upon said land an abandoned, wrecked, dismantled, or inoperative vehicle, hereinafter referred to as "Vehicle." The Vehicle is registered to (name of registered owner), bears license number #, and constitutes a public nuisance pursuant to the provisions of Alturas City Code, Article II.

You are hereby notified to abate said nuisance by the removal of said Vehicle within ten (10) days from the date of mailing of this notice; and upon your failure to do so, the same will be abated, removed, and disposed of by the City of Alturas; and the costs thereof, together with administrative costs, will be assessed to you as owner of the land on which said Vehicle is located.

As owner of the land on which said Vehicle is located, you are hereby notified that you may, within ten (10) days after the mailing of this notice of intention, request a public hearing; and if such a request is not received by the City Clerk of the City of Alturas within such ten day period, the Vehicle Abatement Officer shall have the authority to abate, remove, and dispose of said Vehicle as a public nuisance and assess the costs as aforesaid without a public hearing. You may submit a sworn written statement within such ten day period denying responsibility for the presence of said Vehicle on said land, with your reasons for denial, and such statement shall be construed as a request for hearing at which your presence is not required. You may appear in person at any hearing requested by you or the owner of the Vehicle or, in lieu thereof, may present a sworn written statement as aforesaid in time for consideration at such hearing.

NOTICE MAILED:

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Vehicle Abatement Officer

To Registered and Legal Owners:

ORDER DECLARING EXISTENCE OF PUBLIC NUISANCE, AND NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED, WRECKED, DISMANTLED, OR INOPERATIVE VEHICLE OR PARTS THEREOF AS A PUBLIC NUISANCE

TO: (Name and address of last registered owner) and (Name and address of legal owner of record if different than registered owner)

As last registered (and/or legal) owner of record of (description of vehicle - make, model, license, identification number, etc.), you are hereby notified that the undersigned, pursuant to Article II of the Alturas City Code, has determined that said Vehicle (or parts of a vehicle) exists as an abandoned, wrecked, dismantled, or inoperative vehicle at (describe location on public or private property) and constitutes a public nuisance pursuant to the provisions of Article II.

You are hereby notified to abate said nuisance by removing said Vehicle within ten (10) days from the date of the mailing of this notice.

As registered (and/or legal) owner of record of said Vehicle, you are hereby notified that you may, within ten (10) days after the mailing of this notice of intention, file a written request for a public hearing; and if such written request is not received by the City Clerk within such ten day period, the Vehicle Abatement Officer shall have the authority to abate and remove said Vehicle without a hearing.

If you do not request a public hearing within the ten day period, the Vehicle or parts thereof may be disposed of by removal to a scrapyard or automobile dismantler's yard.

If you are the registered owner of the Vehicle, your failure to request a public hearing will be deemed to be an abandonment of the Vehicle thereby making you liable for the cost of removal and disposition of the Vehicle, including administrative costs.

NOTICE MAILED:

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Vehicle Abatement Officer

(Ord. No. 521, § 1, 1-21-2020)

(a)

When a notice of intention is required to be mailed, but no request for hearing is received within ten days after mailing of the notice of intention to abate and remove, the city shall have the authority to abate, remove and dispose of the vehicle, or parts thereof, as a public nuisance without holding a public hearing.

(b)

The vehicle may be disposed of by removal to a scrapyard or automobile dismantler's yard. In such event, both the owner of the land and the last registered owner are responsible for the costs of removal and the administrative costs described in section 15-11. The vehicle abatement officer shall file an abatement lien and special assessment which has been approved by the city council with the county recorder against the property upon which the vehicle was located in compliance with section 15-21. The vehicle abatement officer shall further notify the city officer assigned the duties of collecting debts owed to the city to recover the costs of removal and the administrative costs described in section 15-11 from the registered owner of the vehicle.

(c)

After a vehicle has been removed, it shall not thereafter be reconstructed or made operable unless it is a vehicle which qualifies for either horseless carriage license plates or historical vehicle license plates pursuant to Section 5004 of the California Vehicle Code, in which case the vehicle may be reconstructed or made operable.

(Ord. No. 521, § 1, 1-21-2020)

(a)

A notice of intention to abate shall not be required:

(1)

If the property owner and the owner of the vehicle have signed releases authorizing removal, agreeing to pay the actual costs of removal and administrative costs pursuant to section 15-11, and waiving further

interest in the vehicle or part thereof; or

(2)

All of the following conditions are satisfied:

a.

The vehicle or part thereof is inoperable due to the absence of a motor, transmission or wheels and is incapable of being towed;

b.

The vehicle or part thereof is valued at less than two hundred dollars by the vehicle abatement officer or any other person authorized to make such appraisals pursuant to California Vehicle Code § 22855;

c.

The vehicle abatement officer has determined that the vehicle or part thereof is a public nuisance presenting an immediate threat to public health or safety;

d.

The owner of the property upon which the vehicle, or parts thereof, is located has signed a release authorizing the removal and waiving further interest in the vehicle or part thereof; and

e.

The vehicle is located upon a parcel that is either zoned for agricultural use or is not improved with a residential structure containing one or more dwelling units.

(b)

If a vehicle is removed pursuant to subsection (a)(2) of this section, prior to final disposition, the registered or legal owner shall be notified of the intent to dispose of the vehicle or part thereof. If the vehicle or part thereof is not claimed and removed from the scrapyard, automobile dismantler's yard or public disposal area within twelve days after the notice to dispose of the vehicle is mailed, final disposition may proceed. In such event, the registered and/or legal owner shall be responsible for payment of the actual cost of removal and administrative costs determined as set forth in section 15-11.

(Ord. No. 521, § 1, 1-21-2020)

(a)

Upon request by the owner of the vehicle or owner of the land received by the city clerk within ten days after the mailing of the notice of intention to abate and remove, a public hearing shall be scheduled by the clerk of the city council to take place at the next meeting of the city council for which an agenda has not been published. Upon a finding by the city council at the public hearing that the vehicle, or parts thereof, is

abandoned, wrecked, dismantled or inoperative, constituting a public nuisance, the city council shall order the abatement and removal of the vehicle and the administrative costs of removal and disposal of the vehicle, or parts thereof, against the property on which it is located.

(b)

If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle on his or her land within such ten-day period, such statement shall be construed as a request for a hearing, which does not require his or her presence. Notice of the hearing shall be mailed, by registered mail, at least ten days before the hearing to the owner of the land and to the legal and registered owners of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership.

(Ord. No. 521, § 1, 1-21-2020)

(a)

All hearings under this article shall be held before the city council, hereinafter "hearing body," which shall hear all facts and testimony deemed pertinent. Such facts and testimony may include testimony on the condition of the vehicle, or parts thereof, and the circumstances concerning its location on the private property or public property. The hearing body shall not be limited by the technical rules of evidence.

(b)

The owner of the land on which the vehicle is located may appear in person at the hearing or present a written statement, signed under penalty of perjury, in time for consideration at the hearing, and deny responsibility for the presence of the vehicle on the land, with his or her reasons for such denial.

(c)

The hearing body may impose such conditions and take such other action as it deems appropriate under the circumstances to carry out the purpose of this article. It may delay the time for removal of the vehicle, or parts thereof, if, in its opinion, the circumstances justify it. At the conclusion of the public hearing, the hearing body may find that a vehicle or parts thereof, has been abandoned, wrecked, dismantled, or is inoperative on private or public property, and by resolution order the same removed from the property as a public nuisance and disposed of as provided in this article and determine the administrative costs and the costs of removal to be charged against the owner of the parcel of land on which the vehicle, or parts thereof, is located. The order requiring removal shall include a description of the vehicle, or parts thereof, and the correct identification number and license number of the vehicle, if available at the site.

(d)

If it is determined at the hearing that the vehicle was placed on the land without the consent of the landowner and that he or she has not subsequently acquiesced in its presence, the hearing body shall not assess costs of administration or removal of the vehicle against the property upon which the vehicle is located or otherwise attempt to collect such costs from such landowner.

(e)

If an interested party makes a written presentation to the hearing body, but does not appear, he or she shall be notified in writing of the decision of the hearing body by the city clerk.

(f)

The decision of the hearing body shall be final and conclusive for all purposes.

(Ord. No. 521, § 1, 1-21-2020)

No local agency or contractor thereof shall be liable for damage caused to a vehicle or parts thereof by removal pursuant to section 22661 of the California Vehicle Code and this article.

(Ord. No. 521, § 1, 1-21-2020)

Five days after adoption of the order declaring the vehicle or parts thereof to be a public nuisance, or ten days from the date of mailing of the notice of decision, as required by section 15-17 of this article, whichever date is later, the vehicle or parts thereof may be disposed of by removal to a scrapyard or automobile dismantler's yard. After a vehicle has been removed, it shall not thereafter be reconstructed or made operable unless it is a vehicle which qualifies for either horseless carriage license plates or historical vehicle license plates pursuant to section 5004 of the California Vehicle Code, in which case the vehicle may be reconstructed or made operable.

(Ord. No. 521, § 1, 1-21-2020)

Within five days after the date of removal of the vehicle or parts thereof, notice shall be given to the department of motor vehicles by the persons authorized to remove the vehicle identifying the vehicle or parts thereof removed. At the same time there shall be transmitted to the department of motor vehicles any evidence of registration available, including registration certificates, certificates of title and license plates.

(Ord. No. 521, § 1, 1-21-2020)

If the administrative costs and the costs of removal which are charged against the owner of a parcel of land pursuant to section 15-17 are not paid within thirty days of the date of the order, such costs shall be assessed against the parcel of land pursuant to Government Code § 25845, and shall be transmitted to the tax collector for collection. Such assessment shall have the same priority as other city taxes.

(Ord. No. 521, § 1, 1-21-2020)

It is unlawful and a misdemeanor for any person to abandon, park, store, or leave or permit the abandonment, parking, storing or leaving of any licensed or unlicensed vehicle or parts thereof which is abandoned, wrecked, dismantled or in an inoperative condition upon any private property or public property, including highways, within the city for a period in excess of seventy-two or more consecutive hours unless such a vehicle or parts thereof is completely enclosed within a building in a lawful manner where it is not plainly visible from the street or other public or private property, or unless such vehicle is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler or licensed vehicle dealer or a junkyard or when such storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise.

(Ord. No. 521, § 1, 1-21-2020)

It is unlawful and a misdemeanor for any person to fail or refuse to remove an abandoned, wrecked, dismantled or inoperative vehicle or parts thereof, or refuse to abate such nuisance when ordered to do so in accordance with the abatement provisions of this article or state law where such state law is applicable.

(Ord. No. 521, § 1, 1-21-2020)

This article's purpose is to establish a fee and a charge, payable to the City of Alturas, in an amount equal to the city's administrative costs and expenses for:

(1)

Removing, impounding, storing, or releasing a lawfully impounded vehicle; and

(2)

Processing an appeal and conducting a hearing after a vehicle is impounded.

(Ord. No. 521, § 1, 1-21-2020)

The city council finds, determines and declares that:

(1)

California's Vehicle Code authorizes the police department and other duly authorized persons to remove motor vehicles from the city's streets and hold, or "impound," the vehicles for certain violations of the law, such as: unpaid parking tickets, expired registration, illegal parking, driving under the influence or without a license, speed contests, or reckless driving. The Vehicle Code also permits the police department to impound vehicles for preserving evidence, investigating a crime and other lawful reasons. The city's police department regularly impounds vehicles in violation of those laws.

(2)

In the future if the city council provides the public with dependable, expeditious towing, storage and roadside assistance for motor vehicle collisions, inoperative vehicles, stolen and recovered vehicles or illegally parked vehicles, the city's police department may operate a towing program. One or more privatesector companies may in the future be selected to not only tow and store vehicles for the public, but also remove and garage impounded vehicles on the city's behalf. At the police department's request, a private company under contract with the city may tow these vehicles and keep them safe until the owner or the owner's agent requests the impounded vehicle's release.

(3)

Vehicle Code § 22850.5(a) authorizes the city to adopt an ordinance for imposing a vehicle impound release fee equal to the city's administrative expense related to removing, impounding, storing or releasing vehicles. Additionally, Vehicle Code § 22850.5(b)(4) allows the city to impose a charge, as part of its administrative costs, for providing a hearing or an appeal on the impounded vehicle's removal, impoundment, storage or release, if the registered owner, the legal owner or either one's agent requests a hearing in writing.

(4)

If, in using private contractors to provide vehicle towing, storage, and roadside assistance to the public, the police department incurs substantial labor costs and administrative expenses when it impounds a vehicle and later releases it to the owner, including, but not limited to:

a.

Documenting the impound;

b.

Contacting the court or prosecutor and confirming the vehicle is no longer needed as evidence;

c.

Verifying that department of motor vehicle registration fees have been paid;

d.

Releasing the impound hold on the vehicle; and

e.

Conducting a post-impound hearing or processing a post-impound appeal.

(5)

When the police department lawfully impounds a vehicle for a violation of the law, the vehicle's owner, rather than the public at large, should reimburse the city for its costs to impound the vehicle. Therefore, creating a vehicle impound release fee and requiring the vehicle's owner to pay the fee are appropriate means for not only recovering the city's administrative costs and expenses, but also ensuring that the general public does not shoulder the burden of paying them.

(6)

When the vehicle's owner requests a hearing or appeal concerning the impounded vehicle's removal, impoundment, storage or release, that person, rather than the public at large, should reimburse the city for its costs to conduct the hearing and process the appeal. Therefore, creating a post-impound hearing charge and requiring the vehicle's owner to pay the charge are appropriate means for not only recovering the city's administrative costs and expenses, but also ensuring that the general public does not shoulder the burden of paying them.

(Ord. No. 521, § 1, 1-21-2020)

(a)

The city establishes a vehicle impound release fee of two hundred fifty dollars, payable when a registered or legal owner seeks the release of a vehicle that the city's police department impounded under state or local law.

(b)

A registered or legal owner who redeems an impounded vehicle or requests its release must pay to the police department the vehicle impound release prior to the vehicle's release.

(c)

A registered or legal owner who redeems an impounded vehicle or requests its release and who voluntarily requests a post-storage hearing in writing must pay to the police department the vehicle impound release fee.

(Ord. No. 521, § 1, 1-21-2020)

(a)

All towed vehicles will require a tow release. All vehicles towed require the administrative impound release fee to be paid prior to the vehicle being released. This administrative fee is separate and apart from any charges imposed by the tow company.

(b)

Standard vehicle release requirements:

(1)

Valid (current) registration from the department of motor vehicles or a one day moving permit;

(2)

Legal or registered owner must be present with photo identification;

(3)

Proof of insurance on the vehicle being released;

(4)

Driver with valid driver's license; and

(5)

Payment of the impound release fee.

(Ord. No. 521, § 1, 1-21-2020)

The city establishes a post-impound hearing charge of two hundred fifty dollars, payable when a registered or legal owner submits to the city's police department a written request for a hearing or an appeal related to the impounded vehicle's removal, impoundment, storage, or release.

(Ord. No. 521, § 1, 1-21-2020)

(a)

The vehicle impound release fee under section 15-26, and the post-impound-hearing charge under section 15-28, are in addition to any one or more of:

(1)

The charges, fees, or fines that a registered or legal owner may owe the city under a California Vehicle Code provision or this code or both;

(2)

The charges that a registered or legal owner may owe an official police tow services provider under the schedule or rates and charges contained in the provider's contract.

(b)

When a person fails, neglects or refuses to pay the vehicle impound release fee under section 15-26 for an impounded vehicle that qualifies for release or when a person otherwise pays that fee but later cancels or stops payment on it, and in either situation that fee's payment is lawfully due and owing, the unpaid amount constitutes a debt owed to the city by that person, from whom the city may recover in a civil action.

(c)

When a person who seeks a post-impound hearing fails, neglects or refuses to pay the post-impound hearing charge under section 15-28 or when a person otherwise pays that fee but later cancels or stops

payment on it, and in either situation that fee's payment is lawfully due and owing, the unpaid amount constitutes a debt owed to the city by that person, from whom the city may recover in a civil action.

(Ord. No. 521, § 1, 1-21-2020)

The police department will refund the impound release fee and the post-impound hearing charge to a registered or legal owner who paid the fee and charge, if the result of the post-impound hearing or appeal is that:

(1)

A reasonable ground for removing, impounding, or storing the vehicle did not exist; or

(2)

The facts disclosed at the hearing or in the appeal warrant the refund, in the opinion of the person conducting the hearing.

(Ord. No. 521, § 1, 1-21-2020)

(a)

The city council may, by resolution, modify the amount of:

(1)

The vehicle impound release fee established under section 15-26, basing the fee on the actual and reasonable costs to the city, including administration and overhead, for impounding vehicles; and

(2)

The post-impound hearing charge established under section 15-28, basing the fee on the actual and reasonable costs to the city, including administration and overhead, for providing post-impound hearings and appeals.

(b)

The chief of police may request that the city council modify either the vehicle impound release fee or the post-impound hearing charge, or both, in order to:

(1)

Reflect cost-of-living changes and to ensure that changing economic conditions do not impair the real value of the vehicle impound release fee and post-impound hearing charge; or

(2)

Account for a change in the cost of impounding and releasing vehicles or conducting post-impound hearings and appeals, or both.

(c)

The chief of police will prepare, adopt, amend and enforce rules, regulations or procedures for:

(1)

Releasing properly impounded vehicles;

(2)

Conducting post-impound hearings and appeals (per VC 22852);

(3)

Collecting, administering, and refunding the vehicle impound release fee and the post-impound hearing charge.

(d)

The police department will maintain a copy of this ordinance and all subsequent resolutions establishing the vehicle impound release fee and post-impound hearing charge at the police department and keep it available for public inspection.

(Ord. No. 521, § 1, 1-21-2020)