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11B - ORDINANCE NS-2679
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11B - ORDINANCE NS-2679
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Last modified
1/3/2012 4:57:12 PM
Creation date
3/1/2005 11:23:31 AM
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City Clerk
Doc Type
Agenda Packet
Item #
11B
Date
3/7/2005
Destruction Year
2010
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<br />vehicle is released as a result of a post-seizure hearing, a vehicle seized <br />shall be impounded for 30 days regardless of ownership and subject to <br />disposition as provided herein. <br /> <br />Sec. 10-604. Seizure, impoundment, notice, and post-seizure <br />hearing procedure. <br /> <br />(a) Except as provided herein, all vehicles seized shall be impounded <br />for not less than 30 days. If the Police Chief does not order a vehicle <br />forfeited it shall be released to the registered owner(s), legal owner(s) or to <br />an authorized agent subject to the payment of fees and costs arising from <br />impoundment. <br /> <br />(b) Within two business days following the day of seizure of the vehicle, <br />the Police Department shall send notice of seizure and impoundment by <br />certified mail, return receipt requested, to each registered and legal owner <br />of the vehicle at the address as shown in the records of California <br />Department of Motor Vehicles or records of the state in which the vehicle is <br />registered, informing the registered and legal owner(s) that the vehicle has <br />been seized, impounded and may be subject to forfeiture. <br /> <br />(c) If a vehicle is impounded for 30 days and thereafter is not claimed by <br />the registered owner(s), the legal owner(s) or an authorized agent, within <br />30 days of issuance of the notice in 1 0-604(b), the City will sell the vehicle <br />at lien sale to recover the towing and storage charges related to <br />impoundment, any parking fines, penalties, and administrative fees. <br /> <br />(d) Notwithstanding any other provisions of this chapter, the registered <br />owner(s) and or the legal owner(s) shall be responsible for all towing and <br />storage charges related to impoundment, any parking fines, penalties, and <br />administrative fees incurred by the registered owner. <br /> <br />(e) The City shall not be liable to the registered owner for the release of <br />the vehicle to the legal owner, or the legal owner's agent, provided the <br />legal owner(s) produce documents demonstrating legal ownership of the <br />vehicle at the time of the release. <br /> <br />(f) The public agency seizing the vehicle shall provide any potential <br />claimants discovered as a result of the investigation set out in 1 0-604(b) <br />with the opportunity for a post-seizure hearing to determine the validity of <br />the seizure or to seek an early release of the vehicle based on one of the <br />criteria set forth in section 10-608(a)-(c). The post-seizure hearing shall be <br />conducted within two business days of the request for the hearing. The <br /> <br />4 <br />11 B-4 <br />
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