Huntington Park Municipal Code Art. 4 Illegal Dumping: Nuisance Vehicles

The City Council finds as follows:

(a) Illegal dumping poses serious health risks to children and other persons, creates blight in the City, and tends to contribute to the presence of flies, insects, vector, vermin, rats, wild animals, and other pests.

(b) Illegal dumping is facilitated by the use of vehicles, whereby persons utilize vehicles to transport waste matter, organic or inorganic rubbish, refuse, garbage, bulky item, hazardous waste, solid waste, or offal for the purpose of illegally dumping the waste matter, organic or inorganic rubbish, refuse, garbage, bulky item, hazardous waste, solid waste, or offal.

(c) The procedures for seizing and impounding vehicles used to illegally dump waste matter are expressly intended as a remedy to abate these public nuisances and to protect the City's residents and the public from harm to their health, safety, and welfare. Examples of such damages are the costs of cleaning up illegal dumpsites and diverting limited public resources to address the nuisance activities through direct enforcement and other programs designed to prevent illegal dumping. Any deterrent effect is deemed incidental to the remedial purpose of this article.

(§ 6, Ord. 902-NS, eff. January 4, 2013; as amended by § 3, Ord. 2020-984, eff. October 1, 2020)

This article is adopted pursuant to the authority granted in Article XI, Section VII of the California Constitution, Section 38771 of the California Government Code, and Section 22659.5 of the California Vehicle Code.

(§ 6, Ord. 902-NS, eff. January 4, 2013; as amended by § 3, Ord. 2020-984, eff. October 1, 2020)

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

"Commercial quantities"

means an amount of waste matter generated in the course of a trade, business, profession, or occupation, or an amount equal to or in excess of one cubic yard. This definition does not apply to the dumping of household waste at a person's residence.

"Illegal dumping"

shall mean placing, depositing, or dumping, or causing to be placed, deposited, or dumped, waste matter in violation of this article in commercial quantities in refuse containers designated by the City for such purposes not registered to the person(s), business(es), entity(ies), or motor vehicle(s) utilized for transportation of waste matter. It shall also include placing, depositing, or dumping or causing to be placed, deposited or dumped waste matter on or about any street, highway, sidewalk, alley, right-of-way, or other public property (including any grounds belonging to any Federal, State, County or other governmental or quasi-governmental entity or agency unless expressly preempted by State or Federal legislation).

"Impounding agency"

shall mean the City of Huntington Park.

"Waste matter"

shall mean any organic or inorganic rubbish, refuse, garbage, bulky item, hazardous waste, solid waste, or offal, any discarded, used, or leftover object or substance, including, but not limited to, a lighted or nonlighted cigarette, cigar, match, or any flaming or glowing material, or any garbage, trash, refuse, paper, container, packaging, construction material, carcass of a dead animal, any nauseous or offensive matter of any kind, or any object likely to injure any person or to create a traffic hazard, or as otherwise defined by Section 374(b) of the California Penal Code.

(§ 6, Ord. 902-NS, eff. January 4, 2013; as amended by § 3, Ord. 2020-984, eff. October 1, 2020)

(a) Any motor vehicle used for the purpose of illegal dumping is a public nuisance and the vehicle shall be subject to seizure and impoundment for a period up to 30 days when:

(1) The motor vehicle is used in the commission or attempted commission of an act that violated Section 374.3(h)(1) of the California Penal Code; and

(2) The owner or operator of the vehicle has had a prior conviction for the same offense within the past three years.

(b) Any person or any agent who owns, leases, borrows, possesses, maintains, or uses any vehicle for the purpose or act set forth in subsection (a) is responsible for creating a public nuisance.

(§ 6, Ord. 902-NS, eff. January 4, 2013; as amended by § 3, Ord. 2020-984, eff. October 1, 2020)

(a) Within two working days after impoundment, the impounding agency shall send a notice by certified mail, return receipt requested, to the legal owner of the vehicle, at the address obtained from the department, 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 mitigating circumstances establishing that the vehicle should be released. The impounding agency shall be prohibited from charging for more than five days' storage if it fails to notify the legal owner within two working days after the impoundment when the legal owner redeems the impounded vehicle. The impounding agency 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 a registered owner to request a hearing. The notice shall include all of the following information:

(1) The name, address, and telephone number of the agency providing the notice;

(2) The location of the place of storage and description of the vehicle, that shall include, if available, the model or make, the manufacturer, the license plate number, and the mileage;

(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 10 days of the date appearing on the notice.

(b) The post-storage hearing shall be conducted within 48 hours of the request, excluding weekends and holidays. The public agency may authorize one of its own officers or employees to conduct the hearing if that hearing officer is not the same person who directed the seizure of the vehicle.

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

(d) The agency employing the person who directed the storage shall be responsible for the costs incurred for towing and storage if it is determined in the post-storage hearing that reasonable grounds for the storage are not established.

(e) Any period during which a vehicle is subjected to storage under an ordinance adopted pursuant to this section shall be included as part of the period of impoundment.

(f) The impounding agency shall release the vehicle to the registered owner or his or her agent prior to the end of the impoundment period under 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) 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. 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 the severity of the act in which the vehicle was used.

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

(h) Except as provided in subsection (g), the registered owner or his or her agent shall be responsible for all towing and storage charges related to the impoundment.

(i) A vehicle removed and seized under this section 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:

(1) 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; and

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

(j)

(1) No lien sale processing fees shall be charged to the legal owner who redeems the vehicle prior to the fifteenth (15th) day of the impoundment period. Neither the impounding agency nor any person having possession of the vehicle shall collect from the legal owner as described in subsection (i)(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.

(2) A person operating or in charge of a storage facility where vehicles are stored pursuant to this section 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 card 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 subdivision (a) of Section 1747.02 of the Civil Code. Credit card does not include a credit card issued by a retail seller.

(3) A person operating or in charge of a storage facility described in subsection (j)(2) who violates subsection (j)(2) shall be civilly liable to the owner of the vehicle or the person who tendered the fees for four times the amount of the towing, storage, and related fees not to exceed $500.

(4) A person operating or in charge of the storage facility described in subsection (j)(2) 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.

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

(6) A failure by a storage facility to comply with any applicable conditions set forth in this subdivision 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 or legal owner's agent under this subdivision are satisfied.

(k)

(1) The legal owner or the legal owner's agent shall present to the law enforcement agency, impounding agency, person in possession of the vehicle, or any person acting on behalf of those agencies, a copy of the assignment, as defined in subdivision (b) of Section 7500.1 of the Business and Professions Code, a release from the one responsible governmental agency, only if required by the agency, a government-issued photographic identification card, and any one of the following as determined by the legal owner or the legal owner's agent: a certificate of repossession for the vehicle, a security agreement for the vehicle, or title, whether or not paperless or electronic, showing proof of legal ownership for the vehicle. Any documents presented may be originals, photocopies, or facsimile copies, or may be transmitted electronically. The law enforcement agency, impounding agency, or other governmental agency, or any person acting on behalf of those agencies, shall not require any documents to be notarized. The law enforcement agency, impounding agency, 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 or 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, impounding agency, or any person acting on behalf of those agencies that the agent is exempt from licensure pursuant to Section 7500.2 or 7500.3 of the Business and Professions Code.

(2) Administrative costs authorized under subdivision (a) of Section 22850.5 of the California Vehicle Code shall not be charged to the legal owner of the type specified in subsection (i)(1) who redeems the vehicle unless the legal owner voluntarily requests a post-storage hearing. A City, County, City and County, or State agency shall not require a legal owner or a legal owner's agent to request a post-storage hearing as a requirement for release of the vehicle to the legal owner or the legal owner's agent. The law enforcement agency, impounding agency, or other governmental agency, or any person acting on behalf of those agencies, shall not require any documents other than those specified in this subsection.

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. The law enforcement agency, impounding agency, 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 legal owner's agent. 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.

(l) A legal owner, who meets the requirements for release of a vehicle pursuant to subsection (i), or the legal owner's agent, 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.

(m)

(1) A legal owner, who meets the requirements for release of a vehicle pursuant to subsection (i), 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 the termination of the impoundment period.

(2) Prior to relinquishing the vehicle, the legal owner may require the registered owner to pay all towing and storage charges related to the seizure and impoundment.

(n)

(1) A vehicle removed and seized pursuant to an ordinance adopted pursuant to this article 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 registered owner of the vehicle and the agency pays all towing and storage fees related to the seizure and impoundment of the vehicle.

(2) The owner of a rental vehicle that was seized under this section 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.

(3) 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.

(§ 6, Ord. 902-NS, eff. January 4, 2013; as amended by § 3, Ord. 2020-984, eff. October 1, 2020)