This chapter's purpose is to establish a fee and a charge, payable to the city, in an amount equal to the city's administrative costs and expenses for:
A. 
Removing, impounding, storing, or releasing a lawfully impounded vehicle; and
B. 
Conducting a hearing and processing an appeal after a vehicle is impounded.
(Ord. 5392 § 2, 2004)
The city council finds, determines and declares that:
A. 
California's Vehicle Code and section 10.28.120 of this code authorize the police department and other duly authorized persons to remove motor vehicles from the city's streets and hold, or "impound," the vehicles for certain violations of the law, such as: unpaid parking tickets, expired registration, illegal parking, driving under the influence or without a license, speed contests, or reckless driving. The Vehicle Code also permits the police department to impound vehicles for preserving evidence, investigating a crime and other lawful reasons. The city's police department regularly impounds vehicles in violation of those laws.
B. 
To provide the public with dependable, expeditious towing, storage and roadside assistance for motor vehicle collisions, inoperative vehicles, stolen and recovered vehicles or illegally parked vehicles, the city's police department operates a towing program. Through an award and a city contract, one or more private-sector companies not only tow and store vehicles for the public, but also remove and garage impounded vehicles on the city's behalf. At the police department's request, the private companies under contract with the city tow these vehicles and keep them safe until the owner or the owner's agent requests the impounded vehicle's release.
C. 
Vehicle Code section 22850.5(a) authorizes the city to adopt an ordinance for imposing a vehicle impound release fee equal to the city's administrative expenses related to removing, impounding, storing or releasing vehicles. Additionally, Vehicle Code section 22850.5(b)(4) allows the city to impose a charge, as part of its administrative costs, for providing a hearing or an appeal on the impounded vehicle's removal, impoundment, storage or release, if the registered owner, the legal owner or either one's agent requests in writing the hearing or appeal.
D. 
As part of a study of the police department's costs in using private contractors to provide vehicle towing, storage, and roadside assistance to the public, the city's internal audit department determined that when the police department impounds a vehicle and later releases it to its owner, the city incurs substantial labor costs and administrative expenses, including, but not limited to:
1. 
Documenting the impound;
2. 
Contacting the court or prosecutor and confirming the vehicle is no longer needed as evidence;
3. 
Verifying that Department of Motor Vehicle registration fees were paid;
4. 
Releasing the impound hold on the vehicle; and
5. 
Conducting a post-impound hearing or processing a post-impound appeal.
E. 
When the police department lawfully impounds a vehicle for a violation of the law, the vehicle's owner—rather than the public at large—should reimburse the city for its costs to impound the vehicle. Therefore, creating a vehicle impound release fee and requiring the vehicle's owner to pay the fee are appropriate means for not only recovering the city's administrative costs and expenses, but also ensuring that the general public does not shoulder the burden of paying them.
F. 
When the vehicle's owner requests a hearing or an appeal concerning the impounded vehicle's removal, impoundment, storage, or release, that person— rather than the public at large— should reimburse the city for its costs to conduct the hearing and process the appeal. Therefore, creating a post-impound hearing charge and requiring the vehicle's owner to pay the charge are appropriate means for not only recovering the city's administrative costs and expenses, but also ensuring that the general public does not shoulder the burden of paying them.
(Ord. 5392 § 2, 2004)
For purposes of this chapter, the following words and phrases have the meanings ascribed to them unless the context otherwise requires:
"Legal owner"
has the same meaning as that term is defined in California Vehicle Code section 370, or any successor legislation. The term includes the legal owner's agent.
"Official police tow services provider"
means a person who:
1. 
Has a written contract with the city's police department or another city department;
2. 
Furnishes towing service, such as: roadside assistance, towing, storage or a related operation for a damaged, inoperative, abandoned, stolen, recovered, impounded or illegally parked vehicle; and
3. 
Is authorized in the city's contract to collect from a registered owner or a legal owner any one or more of the charges that are listed in the contract's "Schedule of Rates and Charges for the City of Glendale's Official Police Tow Services" for providing towing service.
"Person"
means an individual, company, firm, association, trust, estate, partnership, corporation, limited liability company or an entity, however organized.
"Registered owner"
has the same meaning as that term is defined in California Vehicle Code section 505, or any successor legislation. The term includes the registered owner's agent.
"Vehicle"
has the same meaning as that term is defined in California Vehicle Code section 670, or any successor legislation.
(Ord. 5392 § 2, 2004)
A. 
The city establishes a vehicle impound release fee, payable when a registered owner or a legal owner seeks the release of a vehicle which the city's police department impounded under state law or this code.
B. 
A registered owner who redeems an impounded vehicle or requests its release shall pay to the police department the vehicle impound release fee.
C. 
A legal owner who redeems an impounded vehicle or requests its release and who voluntarily requests a post-storage hearing shall pay to the police department the vehicle impound release fee.
(Ord. 5392 § 2, 2004)
A. 
The city establishes a post-impound hearing charge, payable when a registered owner or a legal owner submits to the city's police department a written request for a hearing or an appeal after a vehicle is impounded.
B. 
A registered owner or a legal owner who requests in writing a hearing or an appeal related to the impounded vehicle's removal, impoundment, storage or release shall pay to the police department the post-impound hearing charge.
(Ord. 5392 § 2, 2004)
A. 
The vehicle impound release fee under section 10.56.040 and the post-impound hearing charge under section 10.56.050 are in addition to any one or more of:
1. 
The charges, fees, or fines that a registered owner or a legal owner may owe the city under a California Vehicle Code provision or Title 10 of this code or both; or
2. 
The charges that a registered owner or a legal owner may owe an official police tow services provider under the "Schedule of Rates and Charges for the City of Glendale's Official Police Tow Services."
B. 
When a person fails, neglects or refuses to pay the vehicle impound release fee under Section 10.56.040 for an impounded vehicle that qualifies for release or when a person otherwise pays that fee but later cancels or stops payment on it, and in either situation that fee's payment is lawfully due or owing, the unpaid amount constitutes a debt owed to the city by that person, from whom the city may recover in a civil action.
C. 
When a person who seeks a post-impound hearing or appeal fails, neglects, or refuses to pay the post-impound hearing charge under section 10.56.050 or when a person otherwise pays that charge but later cancels or stops payment on it, and in either situation that charge's payment is lawfully due or owing, the unpaid amount constitutes a debt owed to the city by that person, from whom the city may recover in a civil action.
(Ord. 5392 § 2, 2004)
The police department shall not collect from a registered owner or a legal owner the vehicle impound release fee under section 10.56.040 or the post-impound hearing charge under section 10.56.050, or both, under any of the following circumstances:
A. 
When the vehicle was:
1. 
Reported stolen and recovered;
2. 
Driven or taken without the registered owner's or the legal owner's express or implied permission, and the vehicle was evidence of a crime, contained evidence of a crime or was part of a criminal investigation;
3. 
Impounded in error;
4. 
Removed under chapter 10.48
5. 
Lien sold under Civil Code section 3068.1 to 3074 and Vehicle Code section 22851 or any successor legislation, and the lien sale proceeds were insufficient to pay the tow provider's total charges and administrative costs.
B. 
When a court orders a waiver of the vehicle impound release fee or the post-impound hearing charge, or both.
C. 
When state law or this code exempts or excludes a registered owner or a legal owner from paying a vehicle impound release fee or a post-impound hearing charge, or both.
(Ord. 5392 § 2, 2004)
The police department shall refund the impound release fee and the post-impound hearing charge to a registered owner or a legal owner who paid the fee and the charge, if the hearing officer whom the police department appoints to conduct the post-impound hearing or process the post-impound appeal determines that:
A. 
A reasonable ground for removing, impounding, or storing the vehicle did not exist;
B. 
A circumstance listed in section 10.56.070(A) applies; or
C. 
The facts disclosed at the hearing or in the appeal warrant the impound release fee's refund.
(Ord. 5392 § 2, 2004)
A. 
By resolution, the city council shall establish or modify the amount or the rate of:
1. 
The vehicle impound release fee under section 10.56.040, basing it on the actual and reasonable costs to the city, including administration and overhead, for impounding vehicles; and
2. 
The post-impound hearing charge under section 10.56.050, basing it on the actual and reasonable costs to the city, including administration and overhead, for providing post-impound hearings and appeals.
B. 
To reflect cost-of-living changes and to ensure that changing economic conditions do not impair the real value of the vehicle impound release fee and the post-impound hearing charge, on July 1 of each year the chief of police shall:
1. 
Review the vehicle impound release fee and the post-impound hearing charge; and
2. 
Adjust the vehicle impound release fee, or the post-impound hearing charge, or both:
a. 
Upward or downward by the same percentage increase or decrease, occurring during the previous 12 months, in the consumer price index for all urban consumers ("CPI-U") for the Los Angeles-Anaheim-Riverside Metropolitan Area (published by the Bureau of Labor Statistics, U.S. Department of Labor), or applying a similar index if the CPI-U is not published or available, and
b. 
To the nearest one dollar ($1.00).
C. 
In addition to adjusting the vehicle impound release fee and the post-impound hearing charge for cost-of-living changes under section 10.56.090(B), the chief of police shall recommend, with the city manager's approval, that the city council revise the fee and the charge when a change in the cost of impounding and releasing vehicles or conducting post-impound hearings and processing post-impound appeals, or both, makes the revision appropriate.
D. 
The chief of police may prepare, adopt, amend and enforce rules, regulations or procedures for:
1. 
Releasing a properly impounded vehicle;
2. 
Conducting a post-impound hearing or appeal; and
3. 
Collecting, administering, and refunding the vehicle impound release fee and the post-impound hearing charge.
E. 
A copy of the resolution establishing the current vehicle impound release fee and the post-impound hearing charge will remain on file, and will be available for inspection, in the police department.
(Ord. 5392 § 2, 2004)