HomeMy WebLinkAboutRES 92-05RESOLUTION NO. 92 - 05
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
ESTABLISHING A SERVICE CHARGE FOR RELEASE OF STORED
AND/OR IMPOUNDED VEHICLES
A. Recitals.
(i) The City Council of the City of Diamond Bar has
heretofore established various schedules of rates, fees and
charges, including, but not limited to, rates, fees and charges for
the processing of applications, issuance of permits and related
public services.
(ii) Pursuant to the provisions of the California Constitution
and the laws of the State of California, the City of Diamond Bar is
authorized to adopt and implement rates, fees and charges for
municipal services; provided, however, that such rates, fees and/or
charges do not exceed the estimated reasonable cost of providing
such services.
(iii) California Government Code Section 66018 requires notice
to be published in accordance with California Government Code
Section 6062a and data made available concerning rates, fees and
charges prior to conducting a public hearing with respect to the
adoption of increases in rates, fees and charges or the adoption of
new rates, fees and charges for which no other procedure is
provided by law.
(iv) Pursuant to California Government Code Section 66018 this
City Council has conducted and concluded a duly noticed public
hearing with respect to release fees subject to the storage and/or
impound vehicles, prior to the adoption of this Resolution.
(v) Vehicles are impounded for many reasons. They include,
but are not limited to, the following:
Vehicle has been abandoned
Vehicle has been found on the street and not registered for
more then one year
Vehicle is creating a hazard
Vehicle is blocking a driveway and there was no other
immediate remedy is available
There are more than five (5) outstanding parking tickets
against the vehicle
Vehicle is being operated by an unlicensed driver
The owner/operator was arrested and it was not practical to
legally park and lock the vehicle
(vi) All legal prerequisites to the adoption of this
Resolution have occurred.
B. Resolution.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Diamond Bar as follows:
1. In all respects as set forth in the Recitals, Part A, of
this Resolution.
2. Staff has proposed a service charge of sixty dollars ($60)
which has been determined to be a conservative estimate of the cost
to the City for impounding and processing a vehicle. This process
includes: registration checks, paperwork completion, tow requests,
owner notification, phone contacts, log entries, release of
vehicle, sending of teletypes, etc.
3. The City Council hereby finds and determines that, based
upon the data, information, analyses, oral and written
documentation presented to the City Council concerning the release
fees, for cost of providing services which the fee has been levied.
That the following service fee be and the same is hereby adopted
effective March 1, 1992:
Service Charge for Release of Stored and/or
Impounded Vehicle $60.00
4. No fees shall be charged for the recovery of stolen and/or
disabled vehicles as a result of a traffic collision.
5. This fee established in 2. shall be paid prior to the
owner's receipt of written authorization from the Los Angeles
County. Sheriff's Department for the release of the vehicle. The
fee shall be collected in a manner prescribed by the Sheriff's
Department and remitted to the City of Diamond Bar on a daily
basis.
6. The City Clerk shall certify to the adoption of this
Resolution and provide for appropriate distribution thereof.
1992.
PASSED, APPROVED AND ADOPTED this 18th day of February
I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do
hereby certify that the foregoing Resolution was duly adopted
by the City Council of the City of Diamond Bar at a regular by
the following vote:
AYES: COUNCILMEMBERS: Werner, Forbing, Miller,
MPT/Papen, M/Kim
NOES: COUNCILMEMBERS: None
ABSENT: COUNCIL4EMBERS: None
ATTEST:1
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