As stipulated in Section
6.80.040, a vehicle owned by or in the lawful possession of a person who has the right to enter and/or remain upon the property of another pursuant to a rental, lease or other lawful agreement, may not be removed by the owner or person in lawful possession of said property under the provisions of the California Vehicle Code Section
22658(a) and/or Section
6.80.040(3) of this chapter. However, such a vehicle, when parked in violation of private rules and regulations established by the property owner or person in lawful possession thereof, may be removed providing all of the following requirements have been met:
(1) The rental, lease or other lawful agreement between the involved parties must contain a statement whereby the property owner or his agent may remove a vehicle as a remedy to violations of the privately established parking rules and regulations.
(2) Rules and regulations controlling the parking of vehicles upon the property must be established in writing with a complete copy provided to each lessee given access to the property pursuant to a rental, lease or other lawful agreement. Further, the property owner or his agent must notify, in writing, each lessee of any and all changes in or modification of the parking rules and regulations as they may occur. The lessee shall be responsible for notifying his employees or agents of the parking rules.
(3) The owner or person in lawful possession of private property authorizing the removal of a vehicle pursuant to this section must comply with the requirements of Section
6.80.060, Police notification required, Section
6.80.070, Location of storage facility and Section
6.80.090, Notification to registered and legal owner, of this chapter.
Where a rental, lease or other lawful agreement exists between the property owner and the operator of a vehicle prior to the effective date of this chapter, said vehicle may be removed pursuant to the provision of this section, providing: (1) that the property owner or his agent has notified in writing the vehicle operator of his intent to use removal as a remedy to violations of the privately established parking rules and regulations, (2) that the provisions of subsections (2) and (3) of this section have been met, and (3) that the existing rental, lease or other lawful agreement does not specifically exclude removal as a remedy to such violations. |
(Ord. 82-O-123, 1982; Ord. 93-O-119 § 2, 1993)