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Municipal Code, Complete - City of Santa Barbara

Municipal Code, Complete - City of Santa Barbara

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Sections:<br />

10.56.010 Impounding <strong>of</strong> Miscellaneous<br />

Property in Streets, Etc. Authorized<br />

- Nuisance.<br />

10.56.020 Notice <strong>of</strong> Impounding.<br />

Chapter 10.56<br />

IMPOUNDING PROPERTY<br />

OBSTRUCTING STREETS<br />

10.56.030 Redemption Charges.<br />

10.56.040 Sale <strong>of</strong> Unredeemed Property.<br />

10.56.050 Tow Away Provisions.<br />

10.56.060 Emergency Regulations.<br />

10.56.010 Impounding <strong>of</strong> Miscellaneous Property in Streets, Etc. Authorized - Nuisance.<br />

In the event any property <strong>of</strong> any description, except a vehicle, whether an animal or other obstruction, shall be<br />

found existing, standing, parked, erected or lying in or upon any part <strong>of</strong> any public street, avenue, alley, sidewalk,<br />

thoroughfare, parkway, park or other public place within the <strong>City</strong> in violation <strong>of</strong> and contrary to any <strong>of</strong> the rules,<br />

regulations and ordinances <strong>of</strong> the <strong>City</strong> that are in effect, it is hereby declared to be a nuisance, and may be removed<br />

and conveyed by or under the direction <strong>of</strong> the Community Development Director, Public Works Director or a<br />

member <strong>of</strong> the Police Department, or a duly constituted agent there<strong>of</strong>, to a designated place <strong>of</strong> impounding, to be kept<br />

until redeemed or sold as provided in this chapter. (Ord. 4861, 1994; Ord. 2713 §1(part), 1959; prior <strong>Code</strong><br />

§31.111(part).)<br />

10.56.020 Notice <strong>of</strong> Impounding.<br />

It shall be the duty <strong>of</strong> the department authorizing the impound immediately following the impounding <strong>of</strong> such<br />

property, where the ownership is ascertainable, to send through the mails to such owner a letter, stating that such<br />

property is impounded, giving the date and location <strong>of</strong> its keeping, together with the information that before the<br />

owner or person in charge <strong>of</strong> the property shall be permitted to remove the same from the custody <strong>of</strong> the impounding<br />

department, evidence <strong>of</strong> identity and ownership shall be required together with the fees necessary to cover the cost <strong>of</strong><br />

removal, storage and redemption. (Ord. 4861, 1994; Ord. 2713 §1(part), 1959; prior <strong>Code</strong> §31.111(part).)<br />

10.56.030 Redemption Charges.<br />

All property impounded as provided in this chapter shall be retained until all costs <strong>of</strong> impounding, giving notice<br />

and redemption shall have been paid. Such charges shall be set by resolution. (Ord. 4861, 1994; Ord. 2713 §1(part),<br />

1959; prior <strong>Code</strong> §31.111(part).)<br />

10.56.040 Sale <strong>of</strong> Unredeemed Property.<br />

If the owner or person having custody <strong>of</strong> such impounded property fails or neglects to call and redeem the same<br />

within five (5) days from the date <strong>of</strong> giving notice as provided in this chapter, then the department head, or designated<br />

agent authorizing the impound, shall proceed to sell the property at public auction after giving notice <strong>of</strong> the time and<br />

place <strong>of</strong> such sale in the same manner as required for the giving <strong>of</strong> notice <strong>of</strong> the sale <strong>of</strong> personal property under<br />

execution, and shall apply the proceeds <strong>of</strong> such sale: (1) to the payment <strong>of</strong> the costs and expenses <strong>of</strong> such sale, (2) to<br />

the payment <strong>of</strong> the costs and expenses <strong>of</strong> impounding and storing <strong>of</strong> the property, and the balance remaining <strong>of</strong> such<br />

proceeds shall be paid to the person who shall furnish satisfactory evidence <strong>of</strong> identity and ownership in the property.<br />

(Ord. 4861, 1994; Ord. 2713 §1(part), 1959; prior <strong>Code</strong> §31.111(part).)<br />

10.56.050 Tow Away Provisions.<br />

The <strong>City</strong> Council shall have authority to establish tow away zones in the <strong>City</strong>, by resolution. Where tow away<br />

zones have been established, any vehicle parked or left standing where signs have been posted, giving notice <strong>of</strong> the<br />

authorized removal <strong>of</strong> such vehicles, may be removed by any member <strong>of</strong> the Police Department authorized by the<br />

Chief <strong>of</strong> Police to do so, in the manner and subject to the requirements <strong>of</strong> the Vehicle <strong>Code</strong>. (Ord. 3157 §1, 1966;<br />

prior <strong>Code</strong> §31.112.)<br />

10.56.060 Emergency Regulations.<br />

Whenever the Chief <strong>of</strong> Police, the Fire Chief, the <strong>City</strong> Water Superintendent or the Public Works Director<br />

determines that an emergency exists upon any <strong>City</strong> street or public parking area, and any vehicle is parked in such<br />

manner as to impede the remedy <strong>of</strong> such an emergency, such <strong>of</strong>ficer may cause such vehicle to be removed to the<br />

nearest legal parking area. Upon removal <strong>of</strong> such vehicle, the person causing the removal shall make every possible<br />

effort to notify the owner <strong>of</strong> such vehicle <strong>of</strong> the reason for removal, the time <strong>of</strong> removal, and the location from and to<br />

which such removal took place. Such notification shall be made to the Police Department in writing within two (2)<br />

hours <strong>of</strong> such removal.<br />

255 rev. 6/30/07

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