Ventura County Grand Jury • 2011-2012

Vehicle Impound Fees in Ventura County

Published: March 16, 2012 14 pages
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Findings and Recommendations 15 findings

F01
All Cities provided the administrative cost basis for the impound release fees charged to the public. With the exception of Thousand Oaks, there was no evidence that any of the Cities or agencies were collecting funds beyond the allowable administrative costs related to the removal, impound, storage, or release of the vehicles. A high fee, such as $300 or more, is not of itself an indication that a city is making a profit, as implied by the Times article, when the fee is substantiated by actual costs. A low vehicle release fee may be indicative of not recovering a larger allowable cost for the impound process from violators. [Ref-01] With respect to Thousand Oaks, the inclusion of an offset cost for the Thousand Oaks’ “Start Smart” driving classes in a vehicle release fee conflicts with the legal requirements of Vehicle Code section 22850.5, subdivision (a). (FA-03 – FA-12)
No recommendations for this finding
F02
All Cities have passed resolutions authorizing the collection of the fees required for release of a vehicle from impound. (FA-03–FA-12 and FA-14) Vehicle Impound Fees in Ventura County 7
No recommendations for this finding
F03
The Board of Supervisors has not passed a resolution authorizing the Sheriff to collect vehicle release fees to recover administrative costs for violations of Vehicle Code sections 12500, 14601, and 23152 in unincorporated areas of the County. (FA-13)
No recommendations for this finding
F04
Vehicle release fees across the County for violations of Vehicle Code sections 12500 and 14601 vary from $11 in unincorporated areas, to $300 in Thousand Oaks. The average (mean) vehicle release fee for the County is $137.79. (FA-03–FA-14)
No recommendations for this finding
F05
Six cities (Camarillo, Fillmore, Moorpark, Ojai, Santa Paula, and Simi Valley) and the Sheriff (unincorporated County areas) do not identify any additional tasks or any extra hours required to process the impoundment of a DUI vehicle versus the cost of other types of impoundments. This transfers extra costs from the DUI violator to the general public. (FA-03– FA-06, FA-09, FA-10)
No recommendations for this finding
F06
There is no standardized list of allowable categories of impound costs used to calculate vehicle release fees across the County. Some cities base fees on costs that occur after a traffic stop transitions to the impound process. This cost basis also includes the vehicle release paperwork. Other cities and the Sheriff collect fees based only on the cost of paperwork generated at the end of the impound process. This disparity in the services included in the fee allocations for violations of Vehicle Code sections 12500, 14601, and 23152 is a major factor in the fee variations. (FA-03–FA-14) Recommendations
No recommendations for this finding
F07
The City of Oxnard (Oxnard) passed Council Resolution Number 13,896 on July 20, 2010 to collect a fee of $241 for the release of a vehicle impounded in Oxnard for violations of Vehicle Code sections 12500 and 14601. The fee was based on the cost for the following: • a police officer • a police department commander • a dispatcher • a records technician • a word processor • a Black & White (B&W) cruiser If the impound was the result of a DUI incident (Veh. Code § 23152), the fee is $416 based on recovering the additional cost for a booking officer, as well as costs for the aforementioned items in the basic fee. The DUI incident cost for the police officer and word processor were higher than the fee for Vehicle Code violations of sections 12500 and 14601 due to the additional time required to process the DUI incidents.
No recommendations for this finding
F08
The City of Port Hueneme (Port Hueneme) passed City Council Resolution No. 3941 on December 7, 2009 to collect a fee of $160 for the release of a vehicle impounded in Port Hueneme for violations of Vehicle Code sections 12500 and 14601. The fee was based on the cost for the following: • a police officer • a technician • a communication dispatcher 4 Vehicle Impound Fees in Ventura County • costs covering equipment, building usage, and part-time labor without benefits If the impound was the result of a DUI incident (Veh. Code § 23152), the fee is $200. The higher DUI fee is based on the aforementioned cost categories with higher support hours.
No recommendations for this finding
F09
The City of Santa Paula (Santa Paula) does not have a specific resolution or ordinance for the fee to release a vehicle impounded in Santa Paula resulting from violations of Vehicle Code sections 12500, 14601, or 23152. Instead, Santa Paula maintains an ordinance (Resolution 6757) that lists all fees the city charges for services. The Police Fee Schedule, adopted under Resolution #6757, for storage impound release is $121. The approved date for the Police Fee Schedule Storage Impound Release fee was August 16, 2011. The fee was based on the cost for the following: • initial and backup officers to conduct an investigation, fill out CHP Form 180, and stand-by for a tow truck • a supervisor to respond to questions about a specific impound incident for citizens appearing in person at the police department • a records clerk to prepare a certified letter and establish and maintain the impound file • the cost of processing the certified letter The fee covers vehicle storage or impounds for any reason including violations of Vehicle Code sections 12500, 14601, and 23152.
No recommendations for this finding
F10
The City of Simi Valley (Simi Valley) passed a Joint Resolution of the City Council, Boards of Directors of the Ventura Water District No. 8, The Simi Valley Community Development Agency, The Simi Valley Industrial Development Agency, and the Simi Valley Public Financing Authority on January 28, 2008 to collect a fee of $77.70 for the release of a vehicle impounded in Simi Valley. The fee was based on the cost for the following: • a police officer • a police records manager • a police records technician • a police services assistant • material costs for copying The fee covers impounds resulting from violations of Vehicle Code sections 12500, 14601, and 23152.
No recommendations for this finding
F11
The City of Thousand Oaks passed Resolution No. 2011-015 on April 26, 2011 to collect a fee of $300 for the release of a vehicle impounded in Vehicle Impound Fees in Ventura County 5 Thousand Oaks for violations of Vehicle Code sections 12500 and 14601. The fee was based on the cost for the following: • a traffic sergeant • a sheriff record specialist • a cadet • a patrol deputy • postage and equipment, i.e., patrol car The fee calculation also included an administrative fee of $80. The administrative fee is an offset for the costs of preparation and instruction for the “Start Smart” driving classes. If the impound was the result of a DUI incident (Veh. Code § 23152), the fee is $400. The DUI fee is based on the aforementioned cost categories at higher support hours, but does not include the administrative fee.
Related Recommendations (1)
R04
Thousand Oaks should recalculate the vehicle release fee for violations of Vehicle Code sections 12500 and 14601, eliminating the “Start Smart” fee, to comply with Vehicle Code section 22850.5, subdivision (a). (FI-01)
F12
The City of Ventura (Ventura) approved Resolution No. 2010-016 on June 7, 2010 to collect a fee of $200 for the release of a vehicle impounded in Ventura for violations of Vehicle Code sections 12500 and 14601. If the impound was the result of a DUI incident (Veh. Code § 23152), the fee is $247. Both fees are based on the same cost for dispatch personnel and a peace officer, but Ventura elected to charge a lower vehicle release fee for non-DUI violations.
No recommendations for this finding
F13
The Sheriff collects a fee of $11 for the reports necessary for the release of a vehicle impounded in the unincorporated areas of the County. This fee is based on the time it takes for staff to verify the status and ownership of a vehicle and to prepare the CHP 180 Vehicle Report. The Board of Supervisors has not passed a resolution or ordinance approving fees resulting from violations of Vehicle Code sections 12500, 14601, and 23152. The charge of $11 was established on January 29, 1991 when the Board of Supervisors approved a Sheriff’s Department Fee Schedule that set fees for reproducing hardcopy reports.
Related Recommendations (2)
R05
The Board of Supervisors should request the Sheriff’s Department to apply the rates and factors for the unincorporated County areas along with directed cost recovery goals using the standardized cost category list from Recommendation R-02. It should be recognized that categories not included in the cost basis for approved fees represent costs to be borne by the general public and not the violator. (FI-04, FI-06)
R06
The Board of Supervisors should pass a resolution authorizing the vehicle release fees, as recommended by the Sheriff in R-05 above, and the basis for the fees should be available to the public. (FI-06) Responses Responses Required From: Ventura County Board of Supervisors (FI-03) (R-01, R-05, R-06) Ventura County Sheriff (FI-04, FI-05, FI-06) (R-02, R-05) City Council, City of Camarillo (FI-04, FI-05, FI-06) (R-02, R-03) City Council, City of Fillmore (FI-04, FI-05, FI-06) (R-02, R-03) City Council, City of Moorpark (FI-04, FI-05, FI-06) (R-02 R-03) City Council, City of Ojai (FI-04, FI-05, FI-06) (R-02, R-03) City Council, City of Oxnard (FI-04, FI-06) (R-02, R-03) City Council, City of Port Hueneme (FI-04, FI-05, FI-06) (R-02, R-03) City Council, City of Santa Paula (FI-04, FI-05, FI-06) (R-02, R-03) City Council, City of Simi Valley (FI-04, FI-05, FI-06) (R-02, R-03) City Council, City of Thousand Oaks (FI-01, FI-04, FI-06) (R-02, R-03, R-04) City Council, City of Ventura (FI-04, FI-06) (R-02, R-03) References Ref-01. Esquivel, Paloma. “Impounded cars boost Bell’s coffers,” Los Angeles Times, September 5, 2010. http://articles.latimes.com/2010/sep/05/local/la-me-bell-impounds- 20100906 (accessed December 30, 2011). Ref-02. Motor Vehicle Code section 22850.5, subdivision (a). Administrative Costs: Vehicle impound. http://dmv.ca.gov/pubs/vctop/d11/vc22850_5.htm (accessed December 30, 2011). Vehicle Impound Fees in Ventura County 9 Ref-03. Vehicle Code section 12500. Unlawful to Drive Unless Licensed. http://dmv.ca.gov/pubs/vctop/d06/vc12500.htm (accessed December 30, 2011). Ref-04. Vehicle Code section 14601. Driving While Privilege Suspended or Revoked. http://dmv.ca.gov/pubs/vctop/d06/vc14601.htm (accessed December 30, 2011). Ref-05. Vehicle Code section 23152 Driving Under Influence of Alcohol or Drugs. http://dmv.ca.gov/pubs/vctop/d11/vc23152.htm (accessed December 30, 2011). Vehicle Impound Fees in Ventura County Glossary TERM DEFINITION B&W Black & White, a vehicle used by uniformed police for patrol Board of Supervisors Ventura County Board of Supervisors Camarillo City of Camarillo CHP California Highway Patrol CHP Form 180 California Highway Patrol Form 180, Vehicle Report. A document containing information about the vehicle and the circumstances surrounding its seizure. Cities The ten cities within the County of Ventura: Camarillo, Fillmore, Moorpark, Ojai, Oxnard, Port Hueneme, Santa Paula, Simi Valley, Thousand Oaks, Ventura. County Ventura County DUI Driving Under the Influence Fee Basis Actual costs for impound services and materials used to derive Vehicle Release Fee authorized by a city or agency. Fillmore City of Fillmore Grand Jury 2011-2012 Ventura County Grand Jury Moorpark City of Moorpark Ojai City of Ojai Oxnard City of Oxnard Port Hueneme City of Port Hueneme Release Fee Payment as authorized by city or agency for release of a vehicle Santa Paula City of Santa Paula Sheriff Ventura County Sheriff’s Department Simi Valley City of Simi Valley Thousand Oaks City of Thousand Oaks Times Los Angeles Times newspaper Veh. Code § 12500 Vehicle Code section 12500, Unlawful to Drive Unless Licensed Vehicle Impound Fees in Ventura County 11 TERM DEFINITION Veh. Code § 14601 Vehicle Code section 14601, Driving While Privilege Suspended or Revoked Veh. Code § 23152 Vehicle Code section 23152, Driving Under Influence of Alcohol or Drugs Ventura City of Ventura 12 Vehicle Impound Fees in Ventura County
F14
The following table provides a summary of the fees charged by Cities and the Sheriff. The table contains columns for “Fee Basis” which are the actual costs for impound services and materials used to derive the Vehicle Release Fee authorized by a city or agency. Vehicle Impound Fees in Ventura County Release Fee - Release Fee No License - DUI (Veh. Code § Fee 12500 & Veh. (Veh. Code Fee Cities/Agencies Fee Basis Resolution Code § § 23152) Basis Date 14601) Camarillo* $ 80.00 $ 7 9.83 ** 12/12/2001 Fillmore* $115.00 $ 3 67.00 ** 06/28/2011 Moorpark * $110.00 $ 1 38.59 ** 07/21/2004 Ojai* $100.00 $ 1 00.00 ** 04/28/2009 Oxnard $241.00 $ 2 41.08 $416.00 $425.70 07/20/2010 Port Hueneme $160.00 $ 1 62.74 $200.00 $200.25 07/07/2009 Santa Paula $121.00 $ 1 21.49 ** 08/16/2011 Simi Valley $ 77.70 $ 7 7.70 ** 01/28/2008 Thousand Oaks* $300.00 $ 3 38.55 $400.00 $452.51 04/26/2011 Ventura $200.00 $ 2 47.00 $247.00 $247.00 06/07/2010 Sheriff - Unincorporated county $11.00 ** 01/29/1991*** * Sheriff Contract City ** No higher fee for DUI; same as Fee - No License *** Date of letter to Board of Supervisors recommending fee schedule
No recommendations for this finding
F15
The CHP collects no fee for the release of a vehicle impounded by their organization anywhere in the state. The Grand Jury has no oversight of the CHP, a state organization. The information in this paragraph is provided for completeness. Findings
No recommendations for this finding

No Responses Found 12

Government entities assigned to respond to this report. No response documents have been linked in our database.

Camarillo City
Fillmore City
Moorpark City
Ojai City
Oxnard City
Port Hueneme City
San Buenaventura City
Santa Paula City
Simi Valley City
Thousand Oaks City
Ventura County Board of Supervisors Elected County Office
Ventura County Sheriff Elected County Office