La Verne Municipal Code Ch. 3.26 Storage Fee for Seized Vehicles

As used in this chapter, the following words and phrases shall have the following meanings:

"Date of forfeiture"

means that time at which a court, pursuant to Health and Safety Code Section 11488.5 or any other provision of law, determines that a seized vehicle shall become the property of the state.

"Date of return"

means that time at which the police department of the city releases a seized vehicle, pursuant to Health and Safety Code Sections 11488.2 or 11488.5 or any other provision of law, to a person having an interest therein.

"Owner"

means any person having all the incidents of ownership, including legal title, in a vehicle.

"Vehicle"

means any device by which any person or property may be propelled, moved or drawn upon the highway or other roads, through the air, or on water.

(Ord. 781 § 1, 1989)

A. The owner of any vehicle seized pursuant to Section 11471 of the Health and Safety Code shall be required to pay a fee to cover the costs of storage of the vehicle from the date of seizure to the date of forfeiture or date of return.

B. The vehicle storage fee authorized in this chapter shall equal the reasonable costs incurred by the city in storing the vehicle, and shall be set from time-to-time by resolution of the city council.

(Ord. 781 § 1, 1989)

Where the vehicle seized has more than one owner, each owner shall be required to pay the fee established by this chapter in proportion to that owner's interest in the vehicle, except that where an owner is determined to be nonculpable under Section 3.26.040, the portion of the fee attributable to the nonculpable party shall be paid by all remaining owners in proportion to their ownership interest in the vehicle.

(Ord. 781 § 1, 1989)

A party shall be deemed nonculpable, and no vehicle storage fee shall be required, where a court or jury finds pursuant to Health and Safety Code Section 11488.5, or any other provision of law, that the owner did not know, and should not have known, of the facts which made the vehicle subject to seizure.

(Ord. 781 § 1, 1989)

A. For vehicles released by the police department, the fee required by this chapter shall be paid prior to the date of return.

B. For vehicles forfeited to the state, the fee required by this chapter shall be paid within ten days of the date of forfeiture.

(Ord. 781 § 1, 1989)

A. Any person failing to pay the fee imposed by this chapter shall be guilty of an infraction and shall be punished as prescribed in Section 1.24.010 of this code.

B. Any person failing to pay the fee imposed by this chapter within the time limits prescribed in Section 3.26.050 shall be assessed a penalty of ten percent of the amount of the fee and interest at a rate of one and one-half percent per month or fraction thereof on the amount of the fee, exclusive of penalties, from the date the fee first became delinquent.

(Ord. 781 § 1, 1989)