§ 10.48.050. Post-storage hearing opportunity on vehicles subject to impoundment.

A.

Opportunity for Hearing. The county shall provide any potential claimant whose vehicle is subject to the 30-day impoundment period referenced in Section 10.48.030 with the opportunity for a post-storage hearing to determine the validity of the seizure and impound as based on whether there was probable cause to believe the vehicle was used in violation of this chapter.

B.

Notice of Seizure and Impounding. The county shall provide a notice of seizure and impounding with respect to any vehicle that is subject to the 30-day impoundment period referenced in Section 10.48.030 according to the following procedure:

1.

At the time a nuisance vehicle is seized pursuant to this chapter by a local law enforcement or governmental agency, the seizing officer shall provide a notice of seizure and impounding to the person from whose possession the vehicle was seized.

2.

If the local law enforcement or governmental agency's investigation reveals any potential claimants, other than the person from whom the nuisance vehicle was seized, and whose right, title, interest or lien existed prior to the commission of the act giving rise to the nuisance; then the county shall send a notice of seizure and impounding to each potential claimant within two business days following the date the vehicle was seized and impounded. Said notice shall be served by regular first class mail to the potential claimant's address appearing on the records of the department of motor vehicles of this state or any other state or appropriate federal agency.

3.

The notice of seizure and impounding shall include the following:

a.

The name, address, and telephone number of the county public agency providing the notice.

b.

The location of the place of storage and description of the vehicle, which shall include, if available, the name or make, model, manufacturer, license plate number, vehicle identification number (V.I.N.), and mileage.

c.

The authority and reason for the vehicle's seizure and impoundment by the county.

d.

A statement that, in order to receive a post-storage hearing, a potential claimant shall request the hearing in person, writing, or by telephone within ten business days of the date appearing on the notice.

e.

A statement that all costs of seizure, impounding, towing, storage and any other related costs shall be obligations of the registered and legal owners of the vehicle and shall constitute a lien on the vehicle.

C.

Manner of Hearing. The county shall conduct the post-storage hearing as provided in this chapter and pursuant to California Vehicle Code Section 22852.

D.

Hearing Officer. The county may authorize its own officer or employee to act as a hearing officer and conduct the post-storage hearing, provided that the officer so chosen is not the same person who directed or participated in the seizure and impounding of the nuisance vehicle.

E.

Request for Hearing. Any claimant who desires a post-storage hearing must make a request to the county in person, writing, or by telephone as specified in the notice of seizure and impounding. The request shall be made within ten business days of the date appearing on the notice. Failure to make a timely request or to attend a scheduled hearing shall constitute the claimant's waiver of any right to a post-storage hearing and satisfies the requirement for such a hearing.

F.

Time for Hearing. The post-storage hearing shall be conducted within two business days of the date of the first request received by the county from any claimant.

G.

Multiple Claimants—Notice of Scheduled Hearing.

1.

If there are multiple claimants, then upon receipt of the first request for a post-storage hearing, the county shall send written notice, by regular first class mail, of the date, time, and location of the post-storage hearing to the remaining claimants.

2.

The county shall not be required to conduct multiple post-storage hearings for each seized and impounded vehicle.

3.

Claimants who cannot attend the post-storage hearing as scheduled, and wish to be heard, may send a written statement for the hearing officer's consideration to the county at the address specified in the notice of seizure and impounding.

H.

Findings of Hearing Officer.

1.

If the hearing officer determines that no probable cause existed for the seizure, the vehicle shall be released as soon as practicable to the appropriate claimant without imposing any towing, storage or administrative charges. The district attorney and each claimant shall be notified of the release.

2.

If the hearing officer determines that probable cause existed for the seizure and that none of the exceptions set forth in Section 10.48.070 are applicable, the vehicle shall be retained by the county for the remainder of the 30-day impoundment period referenced in Section 10.48.030.

(Ord. 840 § 5, 2005)