2010 JANUARY - Laserfiche WebLink

11.40.010 (Plc on Supp. No. 3, 1 -10) REMOVAL OF VEHICLES FROM STREETS Sections: 11.40.010 11.40.020 11.40.030 11.40.040 11.40.050 11.40.060 11.40.070 11.40.080 11.40.090 11.40.100 Chapter 11.40 When vehicles may be removed from public and private property. Storage of vehicles. Right to hearing. Hearing officer. Hearing. Determination. Payment of charges. Appeal. Notice. Administrative fee for certain towed vehicles. 11.40.010 When vehicles may be removed from public and private property. Any regularly employed officer of the police de- partment of the city may remove or cause to be re- moved: A. Any vehicle that has been parked upon a street or highway for 72 or more consecutive hours. B. Any vehicle which is parked upon a street or highway between the hours of 7:00 a.m. and 12:00 mid- night when such parking is prohibited by ordinance or resolution of the city and signs are posted giving notice of such removal pursuant to resolution. C. Any vehicle which is parked upon a street or highway where the use of such street or highway or a portion thereof is necessary for the cleaning, repair or construction of the street or highway or for the installa- tion of underground utilities or where the use of the street or highway or any portion thereof is authorized for a purpose other than the normal flow of traffic or where the use of the street or highway or any portion thereof is necessary for the movement of equipment, articles or structures of unusual size, and the parking of such vehi- cle would prohibit or interfere with such use or move- ment; provided, that signs giving notice that such vehi- cle may be removed are erected or placed at least 24 hours prior to the removal. D. Any vehicle found or operated in violation of Section 22651(o), 22651(p), or 14602,6 of the Vehi- cle Code. E. Any vehicle found or operated in violation of Chapter 11.36 of this title. (Ord. 1844 § 3, 2001; Ord. 1828 § 1, 2001; Ord. 1526 §§ 1,2, 1991; prior code § 5- 4.01) 316 11.40.020 Storage of vehicles. No person who owns or has possession, custody or control of any vehicle shall park such vehicle upon any street or alley for more than a consecutive period of 72 hours. (Prior code § 5 -4.02) 11.40.030 Right to hearing. Before any lien attaches for towing and storage costs as a result of a vehicle being towed under the au- thority of the Vehicle Code or this title, the owner or person in charge of such vehicle (hereinafter called "owner ") shall have the right to a hearing on the factual basis of the tow. The hearing must be requested no later than five days from the date that the vehicle was towed unless owner shows good cause to hold the hearing at a later date. (Prior code § 5 -4.05) 11.40.040 Ilearing officer. For the purposes of this chapter, the chief of police shall designate certain police officers to serve as hearing officers. Hearing officers shall be available on a 24 -hour basis and shall be of a rank greater than the officer or police employee who ordered the tow to be made. (Ord. 1 828 § 1, 2001; prior code § 5 -4.06) 11.40.050 Hearing. The hearing provided for in this section shall be informal. The person requesting the hearing shall ex- plain the facts supporting the claim that the vehicle was wrongfully or illegally towed. (Prior code § 5 -4.07) 11.40.060 Determination. If the hearing officer determines that the tow was wrongfully or illegally conducted, the officer shall order the person having custody of the vehicle to release it to the owner forthwith. The owner shall be required to pay only those charges incurred due to unreasonable delay in requesting the hearing. (Prior code § 5 -4.08) 11.40.070 Payment of charges. If the hearing officer determines that the towing was wrongfully or illegally ordered by a city employee, the city shall compensate the person making the tow for reasonable costs incurred. The city shall not be liable for costs incurred due to the unreasonable delay of the owner in requesting a hearing or reclaiming the vehicle. (Prior code § 5 -4.09) 11.40.080 Appeal. The decision of the hearing officer may be ap- pealed to the city manager or the city manager's desig- nate during regular city business hours. The decision of