San Diego Unified Port District – Port Code Section No. 8.29

San Diego Unified Port District – Port Code

Section No. 8.29

Article 8 – Vehicle Impound Cost Recovery Program Fee Section 8.29 – Page 1 of 10

SECTION NO. 8.29 – VEHICLE IMPOUND COST RECOVERY PROGRAM FEE

(a) Purpose

This section establishes a vehicle impound cost recovery program to

establish a fee and a charge, payable to the District, in an amount equal to

the District's administrative costs and expenses for: removing,

impounding, storing, or releasing a lawfully impounded vehicles, and

conducting a hearing and processing an appeal after a vehicle is

impounded. The Harbor Police removes and stores numerous vehicles

from streets and highways and public and private property in the

jurisdiction of the San Diego Unified Port District and neighboring areas

pursuant to Sections 22651 et seq. of the Vehicle Code.

(b) Authority

1. California's Vehicle Code and Section 8.20 of this code authorize

the Harbor Police Department and other duly authorized persons to

remove motor vehicles from the District'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 Harbor Police

Department to impound vehicles to preserve evidence, investigate

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Section No. 8.29

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a crime and other lawful reasons. The District's Harbor Police

Department regularly impounds vehicles in violation of those laws.

2. Vehicle Code Section 22850.5(a) authorizes the District to adopt an

ordinance for imposing a vehicle impound release fee equal to the

District's administrative expenses related to removing, impounding,

storing or releasing vehicles. Additionally, Vehicle Code Section

22850.5(b)(4) allows the District 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.

3. When the Harbor Police Department impounds a vehicle and later

releases it to its owner, the District incurs substantial labor costs

and administrative expenses, including, but not limited to:

a) Documenting the impound;

b) Contacting the court or prosecutor and confirming the

vehicle is no longer needed as evidence;

c) Verifying that Department of Motor Vehicle registration fees

were paid;

d) Releasing the impound hold on the vehicle; and

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e) Conducting a post-impound hearing or processing a post-

impound appeal if requested.

4. When the Harbor Police Department lawfully impounds a vehicle for

a violation of the law, the vehicle's owner should bear the financial

burden and reimburse the District 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 recovering the District's administrative costs and expenses.

5. When the vehicle's owner requests a hearing or an appeal

concerning the impounded vehicle's removal, impoundment,

storage, or release, that person should reimburse the District 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 recovering the

District's administrative costs and expenses.

For purposes of the section, certain words and phrases not otherwise

defined in code Section 0.03 shall be defined as follows, unless the

context requires a different meaning:

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1. “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.

2. “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.

3. “Vehicle” – has the same meaning as that term is defined in

California Vehicle Code Section 670, or any successor legislation.

(d) Vehicle Impound Release Fee

1. The District establishes a vehicle impound release fee, payable

when a registered owner or a legal owner seeks the release of a

vehicle which the District's Harbor Police Department impounded

under state law or any provision of this Code.

2. A registered owner who redeems an impounded vehicle or requests

its release shall pay to the District through its Harbor Police

Department the vehicle impound release fee.

3. A legal owner who redeems an impounded vehicle or requests its

release and who voluntarily requests a post-storage hearing shall

pay to the Harbor Police Department the vehicle impound release

fee.

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(e) Post-impound Hearing Charge

1. The District establishes a post-impound hearing charge, payable

when a registered owner or a legal owner submits to the District's

Harbor Police Department a written request for a hearing or an

appeal after a vehicle is impounded.

2. 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 District's Harbor

Police Department the post-impound hearing charge.

(f) Unpaid Fee or Charge-Civil Debt

1. The vehicle impound release fee under Section (d) and the post-

impound hearing charge under Section (e) are in addition to any

one or more of:

a) The charges, fees, or fines that a registered owner or a legal

owner may owe the District under a California Vehicle Code

provision or under any provision of this Code or both; or

b) The charges that a registered owner or a legal owner may

owe a vehicle towing services provider.

2. When a person fails, neglects or refuses to pay the vehicle

impound release fee under Section (d) for an impounded vehicle

that qualifies for release or when a person otherwise pays that fee

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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 District by that person, from whom

the District may recover in a civil action.

3. When a person who seeks a post-impound hearing or appeal fails,

neglects, or refuses to pay the post-impound hearing charge under

Section (e) 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 District by that person, from whom the District

may recover in a civil action.

(g) Fee and Charge-Exceptions

1. The District through its Harbor Police Department shall not collect

from a registered owner or a legal owner the vehicle impound

release fee under Section (d) or post-impound hearing charge

under Section (e), 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

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vehicle was evidence of a crime, contained evidence

of a crime or was part of a criminal investigation;

3) Impounded in error;

4) 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 post-impound hearing charge, or

both.

(h) Fee and Charge-Refund

The District through its Harbor Police Department shall refund the

impound release fee and/or post-impound hearing charge incurred by a

registered owner if the hearing officer whom the District through its Harbor

Police Department appoints to conduct the post impound hearing or

process the post-impound appeal determines that:

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1. A reasonable ground for removing, impounding, or storing the

vehicle did not exist;

2. A circumstance listed in Section (g) applies; or

3. The facts disclosed at the hearing or in the appeal warrant the impound

release fee's refund.

(i) Resolution Establishing Fee and Charge

1. By resolution, the Board of Port Commissioners shall establish or

modify the amount or rate of:

a. The vehicle impound release fee under Section (d), basing it

on the actual and reasonable costs to the District, including

administration and overhead, for impounding vehicles; and

b. The post-impound hearing charge under Section (e), basing

it on the actual and reasonable costs to the District, including

administration and overhead, for providing post-impound

hearings and appeals.

2) 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 Harbor Police shall:

a) Review the vehicle impound release fee and the post-

impound hearing charge; and

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b) Adjust the vehicle impound release fee, or the post-impound

hearing charge, or both:

(1) Upward or downward by the same percentage

increase or decrease, occurring during the previous

twelve (12) months, in the consumer price index for all

urban consumers ("CPI-U") for the San Diego 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

(2) To the nearest one dollar ($1.00).

3. In addition to adjusting the vehicle impound release fee and the

post-impound hearing charge for cost-of-living changes under

Section (i) b., the Chief of Harbor Police shall recommend, with the

Executive Director's approval, that the Board of Port

Commissioners 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 revision appropriate.

4. The Chief of Harbor Police may prepare, adopt, amend and enforce rules,

regulations or procedures for:

a) Releasing a property impounded vehicle;

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b) Conducting a post-impound hearing or appeal; and

c) Collecting, administering, and refunding the vehicle impound

release fee and post-impound hearing charge.

5. A copy of the resolution establishing the current vehicle impound

release fee and post-impound hearing charge will remain on file,

and will be available for inspection in the Office of the District Clerk.

(Enacted March 6, 2012 – Ordinance No. 2665)