Big Bear Lake Municipal Code Ch. 10.30 Vehicle Release Fee

The city council hereby finds that the city incurs significant law enforcement agency or code compliance division costs during the removal, impound, storage, and release of the vehicles, which are currently not being recovered. The city council further finds that it is appropriate to recover these costs as authorized by California Vehicle Code Section 22850.5. The "vehicle release fee" established in this chapter shall be in addition to any criminal, civil or administrative fines permitted by law. Use of this chapter shall be at the discretion of the city.

(Ord. No. 2010-403, § 1, 4-26-2010)

A. "City's law enforcement agency" shall mean the agency or department charged with enforcing the law within the city.

B. "Law enforcement officer" shall mean any peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or a regularly employed and salaried employee of the city, who is engaged in directing traffic or enforcing parking laws and regulations.

C. "Vehicle release fee" shall mean a charge equal to its administrative costs relating to the removal, impound, storage, or release of the vehicles.

(Ord. No. 2010-403, § 1, 4-26-2010)

A. The owner of any vehicle removed or towed under the direction of a law enforcement officer pursuant to Section 22651 of the California Vehicle Code, shall be required to pay a vehicle release fee, as established and revised from time to time pursuant to a resolution of the city council, prior to the release of said owners vehicle. The vehicle release fee may be waived by the city's law enforcement agency upon verifiable proof that the vehicle was reported stolen at the time the vehicle was removed.

B. The following apply to any vehicle release fee imposed pursuant to subsection A.:

1. The vehicle release fee shall only be imposed on the registered owner or the agents of that owner and shall not include any vehicle towed under an abatement program or sold at a lien sale pursuant to Sections 3068.1 to 3074, inclusive, of, and Section 22851 of, the Civil Code unless the sale is sufficient in amount to pay the lienholder's total charges and proper administrative costs,

2. The vehicle release fee shall be collected by the city's law enforcement agency only from the registered owner or an agent of the registered owner.

3. The vehicle release fee shall be in addition to any other charges authorized or imposed pursuant to the vehicle code.

4. No charge may be imposed for any hearing or appeal relating to the removal, impound, storage, or release of a vehicle unless that hearing or appeal was requested in writing by the registered or legal owner of the vehicle or an agent of that registered or legal owner. In addition, the charge may be imposed only upon the person requesting that hearing or appeal.

C. No administrative costs authorized under subsection A. shall be charged to the legal owner who redeems the vehicle unless the legal owner voluntarily requests a poststorage hearing. The city's law enforcement agency shall not require a legal owner or a legal owner's agent to request a poststorage hearing as a requirement for release of the vehicle to the legal owner or the legal owner's agent. The impounding agency, or any person acting on behalf of the agency, shall not require the legal owner or the legal owner's agent to produce any documents other than those specified in paragraph (3) of subdivision (f) of Section 14602.6 or paragraph (3) of subdivision (e) of Section 14602.7. The city's law enforcement agency, or any person acting on behalf of the city's law enforcement agency, shall not require any documents to be notarized.

(Ord. No. 2010-403, § 1, 4-26-2010)

The vehicle owner shall remit the applicable vehicle release fee to the city's law enforcement agency. All vehicle release fee payments received by the city's law enforcement agency shall be remitted to the city. All vehicle release fee payments shall be in one of the following forms:

1. Currency issued by the United States Government, or

2. Cashier's check.

No other proposed form of payment shall be deemed acceptable or valid.

(Ord. No. 2010-403, § 1, 4-26-2010)

Upon receipt of a valid payment of the applicable vehicle release fee, the city's law enforcement agency shall issue to the vehicle owner or the vehicle owner's authorized representative a notice of receipt of vehicle release fee. This notice shall contain, at a minimum, the information identified as follows:

A. Date, approximate tune and address where the vehicle release fee was paid;

B. The agency to which the fee was paid and agency receipt number;

C. The name and title of the agency representative collecting the vehicle release fee;

D. The name, address and telephone number of the owner of the vehicle;

E. The name, address and telephone number of the tow company in possession of the vehicle; and

F. A statement identifying that the presentation of the completed and signed notice of receipt of vehicle release fee constitutes legal authorization for the tow company to release the vehicle to the owner or owner's authorized agent as identified in the notice.

(Ord. No. 2010-403, § 1, 4-26-2010)