§ 4-9.604. Post storage impound hearing.

Pursuant to Section 22852 of the California Vehicle Code:

(a)

Whenever a peace officer, non-sworn code enforcement officer, or non-sworn parking enforcement officer of the City directs the storage or impoundment of a mobile billboard advertising display, the City shall provide the registered and legal owner(s) of record of the mobile billboard advertising display, or their agent(s), opportunity for a post-storage hearing to determine whether reasonable grounds justified the removal. Notice of the storage shall be mailed or personally delivered to the registered and legal owner(s) within forty-eight (48) hours, excluding weekends and holidays.

(b)

The owner(s) of record, or their agent(s), must request a hearing within ten (10) days of the date appearing on the notice, or the right to hearing is waived.

(c)

The City shall conduct the hearing if feasible within forty-eight (48) hours, excluding weekends and holidays, of receipt of the request under subsection (b) of this Section. The City shall inform the person requesting the hearing of the time and place for the hearing. However, under the authority of City of Los Angeles v. David (2003) 123 S.Ct.189 , depending on administrative necessity, the hearing can be held up to thirty (30) days from the receipt of the request.

(d)

The City may authorize any officer or employee to conduct the hearing, provided that the hearing officer is not the person who directed the storage of the vehicle. The hearing officer shall determine the validity of the removal and storage of the mobile billboard advertising display at the conclusion of the hearing.

(e)

Following the hearing, if the hearing officer finds that the mobile billboard advertising display was improperly removed and stored, it shall be released to the owner at the storage facility and the City shall bear the cost of removal and storage. Otherwise, the mobile billboard advertising display shall be returned to the owner only after payment of any and all fines or fees, including, but not limited to: any penalties under this Code; any outstanding amounts owed to the City for previous violations involving the same mobile billboard advertising display; and the costs of removal and storage incurred by the City up to the time of release. The hearing officer shall determine the total amount to be paid prior to release of the mobile billboard advertising display, consistent with this subsection.

(§ 1 (Exh. A), Ord. No. 1257, eff. June 2, 2016)