Costa Mesa Municipal Code § 9-284 Inspection

(a) All tow operator permit holders' towing equipment, facility or facilities will be inspected one time per year (annually) with notice, during normal business hours by the Costa Mesa Police Department, or its designated agent, and a report filed thereon.

(b) Any tow operator permit holder's towing equipment, facility or facilities can be inspected with or without cause, without notice, during normal business hours by the Costa Mesa Police Department, or its designated agent, and a report filed thereon.

(c) If any deficiencies or equipment violations are discovered, the tow operator will be so advised in writing. The tow operator will be given 10 business days to rectify the deficiency or violation. Failure to comply will result in the tow operator permit being suspended until all violations are corrected.

(d) If, in the opinion of the Costa Mesa Police Department, the deficiencies or equipment violations which are discovered prevent any vehicle from being operated in a safe manner, the unsafe vehicle(s) will be taken out of service. Failure to comply will result in the tow operator permit being suspended until the unsafe vehicle(s) passes inspection.

(Ord. No. 08-7, § 2, 8-19-08)

In the performance of tow services for the city, the tow permit holder shall act and be an independent contractor and not an agent or employee of the city, and shall obtain no rights or any benefits that accrue to the city's employees.

(Ord. No. 08-7, § 2, 8-19-08)

The tow operator will not contract with any other entity to perform any type of tow services as described in this article. In the event that a private property impound is requested, the tow operator will remove the vehicle(s) with legal authorization. If the tow operator receives authorization and then discovers that the vehicle(s) to be removed is of a type for which the tow operator's tow trucks are not legally equipped, or of the size required by the California Vehicle Code to remove such vehicle(s), the vehicle(s) shall not be removed.

(Ord. No. 08-7, § 2, 8-19-08)

The provisions of this article shall be applicable to all tow services and tow unit operators, whether established before or after the effective date of the ordinance codified in this article, except that those in business as of the date of the enactment of the ordinance codified in this article shall have 30 days to comply with the terms herein.

(Ord. No. 08-7, § 2, 8-19-08)

(a) Each tow operator permit holder under this article shall file with the Costa Mesa Police Department the name, address, date of birth, driver's license number, and all other information required of any tow unit driver employed by the permit holder subsequent to the date of the tow operator permit application, which information shall be filed not later than 10 business days following the effective date of hiring.

(b) Each tow operator permit holder: under this article shall notify the Costa Mesa Police Department of the name of any tow truck driver no longer employed by such permit holder. This notification shall be given to the Costa Mesa Police Department no later than 10 business days following the last date of the driver's employment by the permit holder.

(Ord. No. 08-7, § 2, 8-19-08)

Tow drivers shall be proficient in the use of the tow truck they are driving and related equipment, but limited to the procedure necessary for the safe towing and recovery of various types of vehicles. It is the responsibility of the tow operator permit holder to ensure its drivers are qualified and competent employees of the business. The training procedures will be in writing and the permit holder will provide a copy to the Costa Mesa Police Department.

(Ord. No. 08-7, § 2, 8-19-08)

This Code does not replace the California Vehicle Code or any federal, county or state regulations and laws relating to the towing, impounding and storage of vehicles from private property. Any person, association, firm or corporation shall conduct or carry on the business of towing, impounding and storing illegally parked vehicles from private property located within the city pursuant to this article, the California Vehicle Code, and/or any state, federal or county laws and regulations.

(Ord. No. 08-7, § 2, 8-19-08)

No holder of a permit to conduct a tow operation shall drive or operate a tow unit, or cause the same to be driven or operated in the city, unless there is on file with the chief of police, and in full force and effect at all times while such tow unit is being operated, a policy of insurance, or satisfactory evidence of such insurance, approved by the city attorney or risk manager, evidencing that the certificate holder is insured under a policy of liability insurance for personal injury, including death and property damage, providing minimum coverage of one million dollars ($1,000,000.00) combined single limit per occurrence. The permit holder's policy of insurance shall also include coverage for garage keeper's legal liability, or the equivalent, in amounts satisfactory to the city's insurance committee. The permit holder's policy of insurance shall further provide that the city shall be given 30 days' prior written notice of any cancellation, termination or change in the amount of such insurance coverage. The permit holder's policy of insurance shall be executed by a company duly licensed under the laws of the State of California to be an insurance business. Annual or periodic renewal certificates shall be filed with the chief of police upon renewal or change in coverage.

(Ord. No. 08-7, § 2, 8-19-08)

(a) The permit holder shall maintain on file with the Costa Mesa Police Department a current schedule of rates and charges for each offered service. No charge other than the rates and charges specified in such schedule shall be made except:

(1) The rates for towing and storage of illegally parked vehicles removed from private property shall not exceed the rates established by city council resolution.

(2) All tow operators on the Costa Mesa Police Department tow rotation list shall charge reasonable fees for the police rotation calls. All fees charged will be at or below the rates set by resolution of the city council. The fees charged by the tow operator for rotational towing will be those fees agreed upon with the Costa Mesa Police Department, following an RFP process. Rates or fees per tow shall include all clean-up per California Vehicle Code section 27700.

(b) A tow operator shall post and maintain, conspicuously, in the office and/or any location where customers' financial transactions take place, a list of the rates and charges for all services offered.

(c) When a tow operator makes a change in rates and charges, but not in excess of the rates established by council resolution, it shall provide the Costa Mesa Police Department a copy of the new schedule of rates, at least 10 business days prior to the new rate schedule becoming effective. A duplicate copy of such notice shall be posted in the office of the tow operator permit holder next to the schedule of the existing rates and charges, at least 10 business days prior to the new rate schedule becoming effective.

(d) Each tow unit shall carry a printed copy of the current rate schedule, listing the charge rates for each service provided by the tow operator for the general public.

(e) When requested, the tow truck driver shall allow a citizen whose car is being towed, or a police officer or other designated employee of the city, to review the rate list.

(f) Rates for lien fees are to comply with California Vehicle Code section 22851.12.

(g) Payment of tow fees shall be accepted as prescribed within California Vehicle Code 22651.1 by cash or a valid bank card or, at the option of the tow operator, by check or other acceptable form of payment.

(h) The tow operator shall keep a reasonable amount of cash on hand to make change for cash transactions during normal business hours.

(i)

(1) A tow operator shall furnish an itemized statement to the person authorizing the towing operator, or his agent. The permit holder shall furnish an itemized statement of service performed including labor and special equipment used in towing the vehicle upon the request of: (1) The registered owner; or (2) The legal owner; or (3) The insurance carrier of either subsection (1) or (2); or (4) The duly authorized agent of any of the foregoing.

(2) The tow operator shall furnish a copy of the statement to any person authorized to receive the statement without demanding payment as a condition precedent.

(Ord. No. 08-7, § 2, 8-19-08)

(a) The city council may from time to time adopt by resolution a maximum rate schedule applicable to the towing services covered by this article. The rate schedule will be at a level to ensure competition, provide a fair return on investment, and provide a high quality tow service to the public.

(b) The rate schedule will automatically be adjusted on its anniversary date based on the percentage change in the cost of doing business as measured by the United States Department of Labor, Bureau of Labor Statistics, Consumer Price Index, for All Urban Consumers for the Los Angeles-Long Beach Area, All Items, (1967=100) for the preceding 12 months.

(c) Any tow operator permit holder may request an adjustment to the rate schedule, over and above any adjustment made by the city council, by filing a written request with the director of finance. A permit holder may not make more than one annual request. Any such request must be made no later than December 1st of each year, and each request shall specifically detail the basis of the request.

(d) When establishing or considering changes to the rate schedule, the council shall consider any written evidence submitted by any interested party. Notice that the council will consider a change to the rate schedule shall be published in a newspaper of general circulation in the city at least once, not less than 10 days before the hearing, and written notice shall be sent to all certificate holders.

(e) The city council may, by resolution, establish a fee to defray the cost of logging and creating computer entries for vehicles stored from private property. The fee shall be paid by the towing operation holding a certificate under this article, and may be added as a proper charge to the person causing the vehicle removal from private property or to the person owning such vehicle.

(Ord. No. 08-7, § 2, 8-19-08)

The following rules and regulations shall be observed by all tow operations conducting business within the city:

(a)

(1) The tow unit operator removing the vehicle, if the operator knows or is able to ascertain from the property owner, person in lawful possession of the property, or the registration records of the Department of Motor Vehicles the name and address of the registered and legal owner of the vehicle, shall immediately give, or cause to be given, notice in writing to the registered and legal owner of the fact of the removal, the grounds for the removal, and indicate the place to which the vehicle has been removed.

(2) If the vehicle is stored in a storage facility, a copy of the notice shall be given to the proprietor of the storage facility. The notice provided for in this section shall include the amount of mileage on the vehicle at the time of removal, if reasonably ascertainable, and the time of the removal from the property. If the tow unit operator does not know and is not able to ascertain the name of the owner or for any other reason is unable to give the notice to the owner as provided in this section, the tow unit operator shall comply with the requirements of California Vehicle Code section 22853(c) relating to notice in the same manner as applicable to an officer removing a vehicle from private property.

(b)

(1) An owner or person in lawful possession of private property, or an association of a common interest development, causing the removal of a vehicle parked on that property shall notify by telephone or, if impractical, by the most expeditious means available, the local traffic law enforcement agency within one hour after authorizing the tow.

(2) An owner or person in lawful possession of private property, an association of a common interest development, causing the removal of a vehicle parked on that property, or the tow truck operator who removes the vehicle, shall state the grounds for the removal of the vehicle if requested by the legal or registered owner of that vehicle.

(c)

(1) Upon the request of the owner of the vehicle or that owner's agent, the towing company or its driver shall immediately and unconditionally release a vehicle that is not yet removed from the private property and in transit.

(2) If a vehicle is released to a person in compliance with subsection (c)(1), above, the vehicle owner or authorized agent shall immediately move that vehicle to a lawful location.

(3) A towing company may impose a charge of hot more than one-half of the regular towing charge for the towing of a vehicle at the request of the owner, the owner's agent, or the person in lawful possession of the private property pursuant to this section if the owner of the vehicle or the vehicle owner's agent returns to the vehicle after the vehicle is coupled to the tow truck by means of a regular hitch, coupling device, drawbar, portable dolly, or is lifted off the ground by means of a conventional trailer, and before it is removed from the private property. The regular towing charge may only be imposed after the vehicle has been removed from the property and is in transit.

(4) A towing operator shall make available for inspection and copying his or her rate schedule within 24 hours of a request without a warrant to law enforcement, the Attorney General, district attorney, or city attorney.

(d) If a vehicle is released within 24 hours from the time the vehicle is brought into the storage facility, regardless of the calendar date, the storage charge shall be for only one day. Not more than one day's storage charge may be required for a vehicle released the same day that it is stored.

(e) If a request to release a vehicle is made and the appropriate fees are tendered and documentation establishing that the person requesting release is entitled to possession of the vehicle, or is the owner's insurance representative, is presented within the initial 24 hours of storage, and the storage facility fails to comply with the request to release the vehicle or is not open for business during normal business hours, then only one day's storage charge may be required to be paid. A business day is any day in which the lienholder is open for business to the public for at least eight hours. If a request is made more than 24 hours after the vehicle is placed in storage, charges may be imposed on a full calendar day basis for each day, or part thereof, that the vehicle is in storage.

(f)

(1) A permit holder shall accept a valid credit card or cash for payment of towing and storage by a registered owner or the owner's agent claiming the vehicle. "Credit card" means "credit card" as defined in subdivision (a) of section 1747.02 of the Civil Code, except for the purposes of this section, credit card does not include a credit card issued by a retail seller.

(2) A permit holder shall conspicuously display, in that portion of the storage facility office where business is conducted with the public, a notice advising that all valid credit cards and cash are acceptable means of payment.

(3) Credit charges for towing and storage services shall comply with section 1748.1 of the Civil Code.

(g)

(1)

(A) A towing company shall not remove or commence the removal of a vehicle from private property without first obtaining the written authorization from, the property owner or lessee, including an association of a common interest development, or an employee or agent thereof, who shall be present at the time of removal and verify the alleged violation, except that presence and verification is not required if the person authorizing the tow is the property owner, or the owner's agent who is not a tow operator, of a residential rental property of 15 or fewer units that does not have an onsite owner, owner's agent or employee, and the tenant has verified the violation, requested the tow from that tenant's assigned parking space, and provided a signed request or electronic mail, or has called and provides a signed request or electronic mail within 24 hours, to the property owner or owner's agent, which the owner or agent shall provide to the towing company within 48 hours of authorizing the tow. The signed request or electronic mail shall contain the name and address of the tenant, and the date and time the tenant requested the tow. A towing company shall obtain within 48 hours of receiving the written authorization to tow a copy of a tenant request required pursuant to this subparagraph.

(B) The written authorization under subparagraph (A) shall include all of the following:

(i) The make, model, vehicle identification number, and license plate number of the removed vehicle.

(ii) The name, signature, job title, residential or business address and working telephone number of the person, described in subparagraph (A), authorizing the removal of the vehicle.

(iii) The grounds for the removal of the vehicle.

(iv) The time when the vehicle was first observed parked at the private property.

(v) The time that authorization to tow the vehicle was given.

(C)

(i) When the vehicle owner or his or her agent claims the vehicle, the towing company prior to payment of a towing or storage charge shall provide a photocopy of the written authorization to the vehicle owner or the agent.

(ii) If the vehicle was towed from a residential property, the towing company shall redact the information specified in subparagraph (B)(ii) in the photocopy of the written authorization, provided to the vehicle owner or the agent pursuant to subparagraph (C)(i).

(iii) The towing service shall also provide to the vehicle owner or the agent a separate notice that provides the telephone number of the appropriate local law enforcement or prosecuting agency by stating "If you believe that you have been wrongfully towed, please contact the Costa Mesa Police Department at (714) 754-5280." The notice shall be in English and in the most populous language, other than English, that is spoken in the jurisdiction.

(D) A towing company shall not remove or commence the removal of a vehicle from private property described in section 9-272 unless the towing company has made a good faith inquiry to determine that the owner or the property owner's agent complied with California Vehicle Code 22953.

(E)

(i) General authorization to remove or commence removal of a vehicle at the towing company's discretion shall not be delegated to a towing company or its affiliates except in the case of a vehicle unlawfully parked within 15 feet of a fire hydrant or in a fire lane, or in a manner which interferes with an entrance to, or exit from, the private property.

(ii) In those cases in which general authorization is granted to a towing company or its affiliate to undertake the removal or commence the removal of a vehicle that is unlawfully parked within 15 feet of a fire hydrant or in a fire lane, or that interferes with an entrance to, or exit from, private property, the towing company and the property owner, or owner's agent, or person in lawful possession of the private property shall have a written agreement granting that general authorization.

(2) If a towing company removes a vehicle under a general authorization described, in subsection (g) (1)(E) and that vehicle is unlawfully parked within 15 feet of a fire hydrant or in a fire lane, or in a manner that interferes with an entrance to, or exit from, the private property, the towing company shall take, prior to the removal of that vehicle, a photograph of the vehicle that clearly indicates that parking violation. Prior to accepting payment, the towing company shall keep one copy of the photograph taken pursuant to this paragraph, and shall present that photograph and provide, without charge, a photocopy to the owner or an agent of the owner, when that person claims the vehicle.

(3) A towing company shall maintain the original written authorization, or the general authorization described in subsection (g) (1) (E) and the photograph of the violation, required pursuant to this section, and any written requests from a tenant to the property owner or owner's agent required by subsection (g) (1) (E) for a period of three years and shall make them available for inspection and copying within 24 hours of a request without a warrant to law enforcement, the Attorney General, district attorney, or city attorney.

(h)

(1) A towing company that removes a vehicle from private property under this section shall notify the local law enforcement agency of that tow after the vehicle is removed from the private property and is in transit.

(2) Notification must be made within 60 minutes after the vehicle is removed from the private property and is in transit or 15 minutes after arriving at the storage facility, whichever time is less.

(3) If notification is impracticable, the times for notification, as required pursuant to paragraphs (2), shall be tolled for the time period that notification is impracticable. This paragraph is an affirmative defense to a claimed violation of this subsection (h).

(i) A vehicle removed from private property pursuant to this section shall bestored in a facility that meets all of the following requirements:

(1)

(A) Is located within five miles from the Costa Mesa Police Station (99' Fair Drive, Costa Mesa, California 92626), except as may be otherwise directed by the registered owner of the vehicle.

(B) The 5-mile radius requirement of subparagraph (A) does not apply if a towing company has prior written approval from the Costa Mesa Police Department.

(2)

(A) Remains open during normal business hours and releases vehicles after normal business hours.

(B) A gate fee may be charged for releasing a vehicle after normal business hours, weekends, and state holidays. However, the maximum hourly charge for releasing a vehicle after normal business hours shall be one-half of the hourly tow rate charged for initially towing the vehicle, or less.

(C) Notwithstanding any other provision of law and for purposes of this paragraph, "normal business hours" are Monday to Friday, inclusive, from 8:00 a.m. to 5:00 p.m., inclusive, except state holidays.

(3) Shall be adequately fenced with gates locked and secured and reasonably well-lit to maintain a maximum of security for stored and impounded vehicles. Perimeter gates and fencing shall be maintained to ensure security and discourage unauthorized access.

(4) All vehicle storage lots must be inspected and approved by the Costa Mesa Police Department.

(5) Open area storage yard(s) shall comply with all requirements of the zoning and building codes of the jurisdiction of the facility.

(6) Has a public pay telephone in the office area that is open and accessible to the public.

(7) Any damage to wall structures shall be repaired within 24 hours to ensure proper protection for the stored/impounded vehicles.

(8) Prior to the utilization of a new storage facility, the tow service operator shall obtain the approval of the chief of police or his designee and furnish the new address 30 days in advance for inspection.

(Ord. No. 08-7, § 2, 8-19-08)

Costa Mesa Police rotational tow service providers shall comply will all the provisions of this article, as well as the Tow Policy Guidelines and Requirements, and any amendments made thereto from time to time.

(Ord. No. 08-7, § 2, 8-19-08)

(a) Every person, whether acting as an individual owner, employee of the owner, operator or employee of the operator, or whether acting as a participant or worker in any way, who operates or conducts a towing service pursuant to this article without first obtaining a permit from the city or who shall violate any provision of this article, shall be guilty of a misdemeanor.

(b) Each person shall be guilty of a separate offense for each and every day, or portion thereof, during which any violation of any of the provisions of this article is committed, continued, or permitted to be committed or continued.

(c) Any tow operator establishment operated, conducted or maintained contrary to the provisions of this article is unlawful and will be considered a public nuisance. The city attorney may prosecute a criminal action hereunder, commence an action or actions proceedings for the abatement, and removal from, in the manner provided by law. The city attorney shall take any action deemed necessary and shall apply to such court or courts having jurisdiction to grant such relief to abate or remove such tow operators from the city.

(d) Nothing is this article shall absolve a tow operator from any civil and/or criminal liability incurred by the failure of the tow operator or his/her agents and employees to comply with the provisions of California Vehicle Code 22658. All civil or criminal remedy under California Vehicle Code section 22658 shall be in addition to all penalties under this article.

(Ord. No. 08-7, § 2, 8-19-08)