(Added by Ord. No. 162,112, Eff. 3/31/87.)
(a) Subject to the provisions of Subsection (b), where a vehicle is immobilized pursuant to Vehicle Code Section 22651.7 or any other Code section which authorized similar immobilization, and the owner or person in control of the vehicle has been issued five or more notices of parking violations that are delinquent, such owner or person in control of the vehicle shall be required to pay the Department a charge of $150.00 for the cost of the immobilization. (Amended by Ord. No. 180,060, Eff. 8/30/08.)
(b) The charge imposed by Subsection (a) above shall not be applicable to a vehicle which, prior to release to the owner, has been so immobilized and subsequently towed to an impound garage.
(c) Upon immobilization of such vehicle the person effecting such immobilization shall cause to be placed on such vehicle, in a conspicuous manner, notice sufficient to warn any individual that such vehicle has been immobilized and any attempt to move such vehicle might result in damage to such vehicle. Said notice shall also state that there is a right to a post-immobilization hearing to determine the validity of such immobilization, and any booting, towing or storage charges. Such hearing shall be conducted by a hearing officer appointed to conduct such hearings. This post-immobilization hearing will not be determinative of or adjudicate any citation issued relative or any immobilized vehicle. The hearing shall be conducted within 48 hours of the request, excluding weekends and holidays. Failure of either the registered or legal owner, or the registered or legal owner’s agent, to request or to attend a scheduled hearing shall satisfy the post-immobilization validity hearing requirement of this subsection.
(d) The immobilizing device or, mechanism shall remain in place for 72 hours unless the owner has complied with Section 22651.7 of the Vehicle Code or as a result of a hearing held pursuant to Subsection (c) of this section it is determined that the device or mechanism should be removed. If the immobilization occurs when a vehicle is parked in a tow-away zone or restricted parking area; or in a location so as to be blocking or impeding traffic, then such vehicle is subject to immediate towing and impounding. Booting, towing and storage fees, subject to the determination of the hearing officer, pursuant to Subsection (c) of this section and applicable Vehicle Code sections, that such fees are not required, shall be paid before the owner of such vehicle, or authorized person, shall be permitted to repossess or secure the release of the vehicle.
(e) Once a vehicle has been immobilized pursuant to Vehicle Code Section 22651.7 or any other similar provision of law which authorizes immobilization, no one, other than such persons who are authorized by law to do so, shall mobilize any such vehicle.
(f) No one, other than a person authorized by law to immobilize a vehicle pursuant to Vehicle Code Section 22651.7 or other similar provision of law, shall, once a vehicle has been so immobilized, cause any such vehicle to be towed from the location where immobilized. If any such vehicle is so towed both the person requesting the towing service and the operator of the towing vehicle shall be in violation of this section.
(g) Any violation of either Subsections (e) and (f) shall constitute a misdemeanor.
(h) If a vehicle has been immobilized by means of a self-releasing boot (boot) for unpaid parking fines and penalties as provided in Subsection (a), the motorist may be allowed to remove the boot immediately upon payment of all outstanding fines and penalties due the City. The motorist shall pay the balance of all unpaid parking fines, along with the boot fee, prior to receiving a code to unlock the boot. The motorist may contact the Department for assistance or to have the immobilization device removed. (Added by Ord. No. 185,756, Eff. 10/14/18.)
After receipt of the code to unlock the boot, if the motorist removes the boot, the motorist shall have 48 hours (excluding weekends and holidays) to return the boot to an office location designated by the Department. If the boot has not been returned within 48 hours, the Department may assess the vehicle owner a fine of $25 per day, up to a maximum fine of $500. The Department shall assess a repair or replacement cost up to $500 if the motorist returns the self-releasing boot in a damaged or unserviceable condition. (Added by Ord. No. 185,756, Eff. 10/14/18.)