(A) Notwithstanding any other provision of this chapter, an impounded vehicle shall be released to the legal owner of the vehicle or the legal owner's agent prior to the end of the impoundment period and without the permission of the magistrate who issued the warrant or order for the seizure of the vehicle if all of the following conditions are met:
(1) The legal owner is a motor vehicle dealer, bank, credit union, acceptance corporation, or other licensed financial institution legally operating in this state or is another person, no the registered owner, holding a financial interest in the vehicle.
(2) The legal owner or the legal owner's agent pays all towing and storage fees related to the seizure of the vehicle. No lien sale processing fees shall be charged to the legal owner who redeems the vehicle prior to the fifteenth day of impoundment. Neither the impounding authority nor any person having possession of the vehicle shall collect from the legal owner of the type specified in paragraph (1), or the legal owner's agent any administrative charges imposed pursuant to Cal. Vehicle Code § 22850.5 unless the legal owner voluntarily requested a post-storage hearing.
(3) The legal owner or the legal owner's agent presents either lawful foreclosure documents or a certificate of repossession and a security agreement or title showing proof of legal ownership for the vehicle.
(a) "Foreclosure documents" means an "assignment" as that term is defined in Cal. Business and Professions Code § 7500.1(o).
(b) Any documents presented may be originals, photocopies, or facsimile copies, or may be transmitted electronically. The city shall not require any documents other than those specified in this section, and shall not require any such documents to be notarized.
(B) The city may require the agent of the legal owner to produce a photocopy or facsimile copy of its repossession agency license or registration issued pursuant to Cal. Business and Professions Code Division 3, Chapter 11 (commencing with § 7500), or to demonstrate, to the satisfaction of the city, that the agent is exempt from licensure pursuant to Cal. Business and Professions Code § 7500.2 or 7500.3.
(C) The city shall not charge the legal owner any administrative costs authorized under subdivision (a) of Cal. Vehicle Code § 22850.5 who redeems an impounded vehicle unless the legal owner voluntarily requests a post-storage hearing.
(D) The city shall not require a legal owner or a legal owner's agent to request a post-storage hearing as a requirement for release of the vehicle to the legal owner or the legal owner's agent.
(E) A legal owner or the legal owner's agent that obtains release of an impounded vehicle shall not release the vehicle to the registered owner of the vehicle or any agents of the registered owner until the termination of the impoundment period.
(F) The legal owner or the legal owner's agent shall not relinquish the vehicle to the registered owner until the registered owner or that owner's agent presents his or her valid driver's license or valid temporary driver's license, and an operator's license that is in compliance with the licensing requirements of this chapter to the legal owner or the legal owner's agent. The legal owner or the legal owner's agent shall make every reasonable effort to ensure that the licenses presented are valid.
(G) Prior to relinquishing the vehicle, the legal owner may require the registered owner to pay all towing and storage charges related to the impoundment and the administrative charges authorized under Cal. Vehicle Code § 22850.5 that were incurred by the legal owner in connection with obtaining the custody of the vehicle.
(H) Notwithstanding any other provisions of this chapter, the registered owner and not the legal owner shall remain responsible for any towing and storage charges related to the impoundment and the administrative charges authorized under Cal. Vehicle Code § 22850.5 and any parking fines, penalties, and administrative fees incurred by the registered owner.
(I) The city shall not be liable to the registered owner for the improper release of the vehicle to the legal owner or the legal owner's agent if the release complies with this section.
(Ord. 2007-03 § 2, 2007)