Section 22850.5 - Procedures for release of properly impounded vehicle and for imposition of charge(a) A city, county, or city and county, or a state agency may adopt a regulation, ordinance, or resolution establishing procedures for the release of properly impounded vehicles to the registered owner or the agent of the registered owner and for the imposition of a charge equal to its administrative costs relating to the removal, impound, storage, or release of the vehicles to the registered owner or to the agent of the registered owner. Those administrative costs may be waived by the local or state authority upon verifiable proof that the vehicle was reported stolen at the time the vehicle was removed.(b) The following apply to any charges imposed for administrative costs pursuant to subdivision (a): (1) The charges shall only be imposed on the registered owner or the agents of that owner and shall not include any vehicle towed under an abatement program or sold at a lien sale pursuant to Sections 3068.1 to 3074, inclusive, of, and Section 22851 of, the Civil Code unless the sale is sufficient in amount to pay the lienholder's total charges and proper administrative costs.(2) Any charges shall be collected by the local or state authority only from the registered owner or an agent of the registered owner.(3) The charges shall be in addition to any other charges authorized or imposed pursuant to this code.(4) No charge may be imposed for any hearing or appeal relating to the removal, impound, storage, or release of a vehicle unless that hearing or appeal was requested in writing by the registered or legal owner of the vehicle or an agent of that registered or legal owner. In addition, the charge may be imposed only upon the person requesting that hearing or appeal. No administrative costs authorized under subdivision (a) shall be charged to the legal owner who redeems the vehicle unless the legal owner voluntarily requests a poststorage hearing. No city, county, city and county, or state agency shall require a legal owner or a legal owner's agent to request a poststorage hearing as a requirement for release of the vehicle to the legal owner or the legal owner's agent. The impounding agency, or any person acting on behalf of the agency, shall not require the legal owner or the legal owner's agent to produce any documents other than those specified in paragraph (3) of subdivision (f) of Section 14602.6 or paragraph (3) of subdivision (e) of Section 14602.7. The impounding agency, or any person acting on behalf of the agency, shall not require any documents to be notarized.
Amended by Stats 2015 ch 740 (AB 281),s 17, eff. 1/1/2016.Amended by Stats 2007 ch 192 (SB 659),s 12, eff. 9/7/2007.Amended by Stats 2002 ch 402 (AB 1883),s 9, eff. 1/1/2003.Amended by Stats 2001 ch 554 (AB 783), s 4, eff. 1/1/2002.Previously Amended September 21, 1999 (Bill Number: SB 378) (Chapter 456).