Grand Terrace Municipal Code Ch. 8.116 Impoundment of Nuisance Vehicles Used for Illegal Dumping

For the purposes of this Chapter, the following definitions shall apply:

A. "Authorized public officer" means a public officer authorized to exercise the power of arrest pursuant to California Penal Code Section 830.7(j).

B. "Bulky item" means any discarded furniture, home or industrial appliance, abandoned vehicle or part of an abandoned vehicle, or any object that exceeds the maximum size and/or weight described by the City's franchise waste hauler for placement into a household or commercial waste or recyclable container.

C. "Driver" means a person who drives a motor vehicle.

D. "Hazardous waste" means any waste as defined in California Health and Safety Code Section 25117.

E. "Illegal dumping" means placing, throwing, dropping, depositing, sweeping, dumping, disposing, or leaving or any organic or inorganic rubbish, waste matter, garbage, bulky item, construction material, hazardous waste, solid waste, or other solid semisolid, or liquid on any public or private property not designated for that dumping or disposal purpose as prohibited by California Penal Code Section 374.3.

F. "Legal owner" means a person holding a security interest in a vehicle which is subject to the provisions of the Uniform Commercial Code, as set forth in California Vehicle Code Section 370.

G. "Registered owner" means a person registered by the California Department of Motor Vehicles as the owner of the vehicle, as set forth in California Vehicle Code Section 505.

H. "Solid waste" means all putrescible and non-putrescible solid, semisolid and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, dewatered, treated or chemically fixed sewage sludge, which is not hazardous waste, manure, vegetable or animal solid or semisolid wastes, and other discarded solid and semisolid wastes. Solid waste does not include hazardous waste.

I. "Vehicle" means a "vehicle" as that term is defined in California Vehicle Code Section 670, and "motor vehicle" means a "motor vehicle" as that term is defined in California Vehicle Code Section 415.

(Ord. No. 301, § 2, 12-13-2016)

A. Any vehicle used for the purpose of illegal dumping is a nuisance and the vehicle shall be impounded as provided in this Chapter.

B. Any vehicle used to transport any bulky item, any hazardous waste, or solid waste for the purpose of illegal dumping is a nuisance and the vehicle shall be impounded as provided in this Chapter.

C. Any person or any agent, employee, or representative thereof who owns, leases, conducts, or maintains any vehicle used for any of the purposes or acts set forth herein is responsible for creating a public nuisance.

(Ord. No. 301, § 2, 12-13-2016)

A. Pursuant to the provisions set forth in this Chapter, any peace officer or authorized public officer may seize a vehicle subject to impoundment for up to 30 days if all of the following conditions are met:

1. The vehicle is used in the commission or attempted commission of illegal dumping in violation of Section 374.3 of the California Penal Code;

2. The driver is validly arrested for a violation of Penal Code Section 374.3; and

3. The owner or operator of the vehicle has had a prior conviction for the same offense within the last three years; and

B. Within two working days after impoundment, the City shall send a notice by certified mail, return receipt requested, to the legal owner of the vehicle, at the address obtained from the Department of Motor Vehicles (DMV), informing the owner that the vehicle has been impounded. The notice shall also include notice of the opportunity for a post-storage hearing to determine the validity of the storage or to determine the mitigating circumstances establishing that the vehicle should be released. The notice shall include all of the following information:

1. The name, address, and telephone number of the agency providing the notice.

2. A description of the vehicle, which shall include, if available, the manufacturer, the make or model, the license plate number, and the mileage, and the location of the place of storage.

3. The authority and purpose for the removal of the vehicle.

4. A statement that, in order to receive a post-storage hearing, the owners, or their agents, shall request the hearing in person, writing, or by telephone within ten days of the date appearing on the notice.

If the City fails to notify the legal owner within two working days after the impoundment as provided herein, the City shall be prohibited from charging for more than five days' storage when the legal owner redeems the impounded vehicle. The City shall maintain a published telephone number that provides information 24 hours a day regarding the impoundment of vehicles and the rights of a legal owner and registered owner to request a hearing.

(Ord. No. 301, § 2, 12-13-2016)

A. Any claimant who desires a post-storage hearing must make a request to the City in person, in writing, or by telephone as specified in the notice of impounding within ten days of such notice. Failure to make a request within the time allowed shall constitute the claimant's waiver of any right to a post-storage hearing and satisfies the requirement for such hearing.

B. The post-storage hearing shall be conducted within 48 hours of the request, excluding weekends and holidays. The City may authorize one of its officers or employees to conduct the hearing, provided that officer or employee that conducts the hearing is not the same person who directed the seizure of the vehicle.

C. Failure of the legal and registered owners, or their agents, to request or to attend a scheduled hearing shall satisfy the post-storage hearing requirement.

(Ord. No. 301, § 2, 12-13-2016)

A. Notwithstanding the provisions of this Chapter, the City shall release the impounded vehicle to the registered owner or his or her agent prior to the expiration of the impoundment period upon the determination of any 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 agrees 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.

6. A spouse, registered domestic partner, or other affected third party objects to the impoundment of the vehicle on the ground that it would create a hardship, if the subject vehicle is the sole vehicle in a household. The Hearing Officer shall release the vehicle where the hardship to a spouse, registered domestic partner, or other affected third party created by the impoundment of the subject vehicle, or the length of the impoundment, outweigh the seriousness and severity of the act in which the vehicle was used.

B. Release of vehicle to holder of security interest in vehicle.

1. A vehicle removed and seized pursuant to this Chapter shall be released to the legal owner of the vehicle or the legal owner's agent prior to the end of the impoundment period if both of the following conditions are met:

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

b. The legal owner or the legal owner's agent pays all towing and storage fees relating to the seizure and impoundment of the vehicle.

2. A legal owner or a legal owner's agent who meets the conditions of release of this Section shall not be required to request a post-storage hearing as a requirement for release of the vehicle to the legal owner or the legal owner's agent.

3. Administrative costs authorized under Vehicle Code Section 22850.5(a) shall not be charged to the legal owner of the type described in this Section who redeems the vehicle pursuant to this Section, unless the legal owner voluntarily requests a post-storage hearing.

C. A legal owner who meets the requirements of release pursuant to Subsection 8.116.050.B, or the legal owner's agent, shall not release the vehicle to the registered owner of the vehicle or an agent of the registered owner, unless the registered owner is a rental car agency, until after termination of the impoundment period. Prior to relinquishing the vehicle to the registered owner, the legal owner may require the registered owner to pay all of the towing and storage charges related to the seizure and impoundment of the vehicle.

D. Release of Impounded Rental Vehicles.

1. A vehicle removed and seized pursuant to this Chapter shall be released to a rental car agency prior to the end of the impoundment period if the agency is either the legal owner or the registered owner of the vehicle and the rental car agency pays all towing and storage fees related to the seizure and impoundment of the vehicle.

2. 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.

3. The owner of a rental vehicle seized pursuant to this Chapter 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 expiration of the impoundment period.

(Ord. No. 301, § 2, 12-13-2016)

A. The legal owner or the legal owner's agent shall present to the law enforcement agency, the City, person in possession of the vehicle, or any person acting on behalf of those agencies, a copy of the assignment, as defined in Section 7500.1(b) of the Business and Professions Code, a release from the responsible governmental agency, if required by the agency, a government-issued photographic identification card, and any one of the following, whether or not paperless or electronic, showing proof of legal ownership of the vehicle, as determined by the legal owner or the legal owner's agent:

1. A certificate of repossession of the vehicle;

2. A security agreement for the vehicle; or

3. Title.

B. Any documents presented may be originals, photocopies, or facsimile copies, or may be transmitted electronically. The law enforcement agency, City, or any person acting on behalf of those agencies, or any person in possession of the vehicle, may photocopy and retain the copies of any documents presented by the legal owner or the legal owner's agent.

C. The law enforcement agency, City, or other governmental agency, or any person acting on behalf of those agencies, shall not require any documents to be notarized.

D. The law enforcement agency, City, or any person acting on behalf of those agencies may require the agent of the legal owner to produce a photocopy or facsimile copy of its repossession agency license registration issued pursuant to Chapter 11 (commencing with Section 7500) of Division 3 of the Business and Professions Code, or to demonstrate, to the satisfaction of the law enforcement agency, City, or any person acting on behalf of the those agencies, that the agent is exempt from licensure pursuant to Section 7500.2 or 7500.3 of the Business and Professions Code.

E. The law enforcement agency, City, or other governmental agency, or any person acting on behalf of those agencies, shall not require any documents other than those specified in this Section.

F. The legal owner or the legal owner's agent shall be given a copy of any documents he or she is required to sign, except for a vehicle evidentiary hold log book.

G. 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.

(Ord. No. 301, § 2, 12-13-2016)

A. Towing and Storage Charges.

1. Except as provided in this Section, the registered owner or his or her agent shall be responsible for all towing and storage costs related to the impoundment.

2. The registered owner of the motor vehicle shall not be responsible for the towing and storage costs related to the impoundment in the following circumstances:

a. It is determined after a requested and held post-storage hearing that reasonable grounds for the storage were not established.

b. Notwithstanding any other provision of law, if a motor vehicle is released prior to the expiration of the impoundment period because the driver was arrested without probable cause.

3. No lien sale processing fees shall be charged to the legal owner who redeems the vehicle prior to the 15th day of the impoundment period. Neither the City nor any person having possession of the vehicle shall collect from the legal owner as described in Subsection 8.116.050.B.1, or the legal owner's agent, any administrative charges imposed pursuant to Section 22850.5 of the California Vehicle Code, unless the legal owner voluntarily requested a post-storage hearing.

B. Payment of Towing and Storage Charges.

1. Any person operating or in charge of a storage facility where vehicles are stored pursuant to this Chapter shall accept a valid bank credit card or cash for payment of towing, storage, and related fees by a legal or registered owner or the owner's agent claiming the vehicle. A credit or debit card shall be in the name of the person presenting the card. For purposes of this Section, "credit card" is as defined in Section 1747.02(a) of the California Civil Code. Credit card does not include a credit card issued by a retail seller.

a. A person operating or in charge of a storage vehicle as described in this Section who violates this Section shall be civilly liable to the owner of the vehicle or person who tendered the fees for four times the amount of the towing, storage, and related fees not to exceed $500.00.

b. A person operating or in charge of a storage facility as described in this Section 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.

c. Credit card charges for towing, storage, and related fees shall comply with Section 1748.1 of the California Civil Code. Law enforcement agencies may include the costs of providing for payment by credit card when making agreements with towing companies on rates.

2. The failure of a storage facility to comply with any applicable provisions set forth in this Section shall not affect the right of the legal owner or the legal owner's agent to retrieve the vehicle if all conditions required of the legal owner under this Chapter are satisfied.

(Ord. No. 301, § 2, 12-13-2016)