(A) The law enforcement office or Sheriff’s Department may, in its discretion, remove or cause to be removed any vehicle under the below-listed circumstances, keeping it in its custody or under its control at such place as may be designated by the law enforcement office or Sheriff’s Department:
(1) The vehicle is unidentified (without a valid license plate), or stolen;
(2) The vehicle is parked in a prohibited place or at a time when parking is prohibited:
(a) Such vehicle is obstructing the free movement of traffic;
(b) Is causing a traffic hazard; or
(c) Is directly interfering with the maintenance or care or emergency use of the streets.
(3) The person in charge cannot be immediately located; or
(4) If located, fails, neglects or refuses to move said vehicle at once.
(B) When a vehicle is seized and removed, it shall be held until the owner, or an authorized agent, applies for the release of the vehicle and has paid a reasonable cost for removing and storing the vehicle.
(1) The costs shall be assessed and collected by the law enforcement office or Sheriff’s Department.
(2) The costs shall include all costs incurred in removal, storage and any subsequent sale, including costs of publication of any notices.
(3) Provided the vehicle is redeemed within five days, the charges shall not exceed the sum of the actual cost of the tow and a fee equal to the established fine for parking in the location where the vehicle was found.
(4) If the vehicle is not redeemed within five days, the cost of redemption shall be the actual cost and expense of the tow, plus a fee as set by the Council by resolution per day for storage, plus the established fine for parking in the location where the vehicle was found.
(5) If the vehicle is not redeemed within 30 days, then the sum due and payable shall be filed as a lien of the City on the vehicle.
(C) When the vehicle is removed because it is interfering with the maintenance or emergency use of the streets by a proper department of the City, but not otherwise violating this chapter, then the vehicle shall be assessed a fine equal to the tow charge and any storage fees if the location was properly posted stating when maintenance is to be performed, and may, in the discretion of the citing officer, be returned to the owner with a warning and without any cost or charge for the removal or storage.
(1985 Code, § 10.03.020) (Ord. 373, passed 3-3-2020)