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HomeMy WebLinkAboutAGENDA REPORT 1997 0416 CC REG ITEM 11CITEM /1. C . ORDINANCE NO. 228 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MOORPARR, CALIFORNIA, ADDING ARTICLE V TO CHAPTER 10.04 OF TITLE 10 OF THE MOORPARK MUNICIPAL CODE TO PROVIDE FOR THE COLLECTION OF ADMINISTRATIVE COSTS RELATING TO THE REMOVAL, IMPOUND, STORAGE AND RELEASE OF IMPOUNDED VEHICLES WHEREAS, Vehicle Code section 22850.5 authorizes the City to adopt an ordinance for the imposition of a charge equal to its administrative costs relating to the removal, impound, storage or release of impounded vehicles; NOW, THEREFORE, the City Council of the City of Moorpark does ordain as follows: SECTION 1. The Moorpark Municipal Code is hereby amended by adding Article V to Chapter 10.04 of Title 10 to read as follows: "Article V Collection of Administrative Fees for Towed Vehicles "Section 10.04.310 Impounded Vehicles; Administrative Fee "(a) An administrative fee equal to the administrative costs incurred by the City relating to the removal, impound, storage and release of impounded vehicles shall be imposed on the registered owners of the vehicles or on their agents. The amount of the administrative fee shall be established by resolution of the City Council. The administrative fee shall be paid to the City Manager's designee prior to the release of the vehicle. "(b) The administrative fee shall be in addition to any other charges authorized or imposed pursuant to the California Vehicle Code. "(c) For purposes of this section, impounded vehicle shall not include any vehicle that was towed under an abatement program or sold at a lien sale pursuant to section 3068.1 to 3074, inclusive, of the California Vehicle Code and section 22851 of the California Civil Code, or their successor statutes, unless the sale is sufficient in amount to pay the lienholder's total charge and the administrative fee." SECTION 2. If any section, subsection, sentence, clause, phrase, part of portion of this ordinance is for any reason held LAX2:175271.1 , 000179 to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses, phrases, parts or portions be declared invalid or unconstitutional. SECTION 3. The City Clerk shall certify to the passage and adoption of this ordinance; shall enter the same in the book of original ordinances of said City; shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted; and shall, within fifteen 915) days after the passage and adoption thereof, cause the same to be published once in the Moorpark Star, a daily newspaper of general circulation, as defined in Section 6008 of the Government Code, for the City of Moorpark, and which is hereby designated for that purpose. PASSED AND ADOPTED this ATTEST: Lillian E. Hare, City Clerk wc2: 175271.1 —2— 000180