§ 10.40.035. Immobilization.

Any law enforcement or parking enforcement officer may immobilize any vehicles under the requirements set forth in Section 22651.7 of the Vehicle Code, relating to vehicles with parking violations outstanding, as provided in Section 22651.7. An administrative fee or fees for such immobilization may be established by resolution of the city council. Any vehicle immobilized as set forth herein shall remain immobilized until the conditions set forth in Section 22651.7 are met, and all applicable administrative fees are paid to the city.

(a)

Subject to the provisions of subsection (b), where a vehicle is immobilized pursuant to Vehicle Code Section 22651.7 or any other Code section which authorized similar immobilization, and the owner or person in control of the vehicle has been issued five or more notices of parking violations that are delinquent, such owner or person in control of the vehicle shall be required to pay the department a charge to be determined by the city council for the cost of the immobilization.

(b)

The charge imposed by subsection (a) above shall not be applicable to a vehicle which, prior to release to the owner, has been so immobilized and subsequently towed to an impound garage.

(c)

Upon immobilization of such vehicle the person effecting such immobilization shall cause to be placed on such vehicle, in a conspicuous manner, notice sufficient to warn any individual that such vehicle has been immobilized and any attempt to move such vehicle might result in damage to such vehicle. Said notice shall also state that there is a right to a post-immobilization hearing to determine the validity of such immobilization, and any booting, towing or storage charges. Such hearing shall be conducted by a hearing officer appointed to conduct such hearings. This post-immobilization hearing will not be determinative of or adjudicate any citation issued relative or any immobilized vehicle. The hearing shall be conducted within 48 hours of the request, excluding weekends and holidays. Failure of either the registered or legal owner, or his or her agent, to request or to attend a scheduled hearing shall satisfy the post-immobilization validity hearing requirement of this subsection.

(d)

The immobilizing device or mechanism shall remain in place for 72 hours unless the owner has complied with Section 22651.7 of the Vehicle Code or as a result of a hearing held pursuant to subsection (c) of this section it is determined that the device or mechanism should be removed. If the immobilization occurs when a vehicle is parked in a tow-away zone or restricted parking area; or in a location so as to be blocking or impeding traffic, then such vehicle is subject to immediate towing and impounding. Booting, towing and storage fees shall be paid before the owner of such vehicle or authorized person shall be permitted to repossess or secure the release of the vehicle, unless the hearing officer determines that such fees are not required pursuant to Section 10.40.035(c) of the Vehicle Code. The owner or person entitled to possession of such vehicle shall also be responsible for the return of the immobilization device or mechanism to the city and shall be responsible for an additional fee of $50 per day for each day, or part thereof, after the first 24 hours, for which the immobilization device or mechanism is not returned to the city, up to a maximum of $500.

(e)

Once a vehicle has been immobilized pursuant to Vehicle Code Section 22651.7 or any other similar provision of law which authorizes immobilization, no one, other than such persons who are authorized by law to do so, shall mobilize any such vehicle or damage the immobilization device in any way.

(f)

No one, other than a person authorized by law to immobilize a vehicle pursuant to Vehicle Code Section 22651.7 or other similar provision of law, shall, once a vehicle has been so immobilized, cause any such vehicle to be towed from the location where immobilized. If any such vehicle is so towed both the person requesting the towing service and the operator of the towing vehicle shall be in violation of this section.

(g)

Any violation of either subsections (e) and (f) shall constitute a misdemeanor.

(Ord. No. 7283, § 1, 6-27-2016)