1991-255-Approving The Establishment Od And Participation In The Santa Clara County Abandoned Vehicle Abatement Service Authority, And Authorizing The Town Manager To Execute The Agreement For santa Clara CountyRESOLUTION 1991 -255
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
APPROVING THE ESTABLISHMENT OF AND PARTICIPATION IN THE
SANTA CLARA COUNTY ABANDONED VEHICLE ABATEMENT SERVICE
AUTHORITY, AND AUTHORIZING THE TOWN MANAGER TO EXECUTE
THE AGREEMENT FOR SANTA CLARA COUNTY ABANDONED VEHICLE
ABATEMENT SERVICE AUTHORITY.
WHEREAS, The Town wishes to establish an efficient and cost - effective method of
removing abandoned vehicles from Town streets and private property within the Town; and
WHEREAS, California Vehicle Code Section 22710 authorizes the establishment of
a service authority for the abatement of abandoned vehicles in Santa Clara County and the
imposition of a One Dollar ($1.00) vehicle registration fee, if the Board of Supervisors, by
a two - thirds vote, and a majority of the cities having a majority of the incorporated
population within the county have adopted resolutions providing for the establishment of
the authority and the imposition of the fee; and
WHEREAS, the establishment of a service authority makes funding available to the
Town for abatement activities through the imposition of a One Dollar ($1.00) per vehicle
annual registration fee on all vehicles registered in Santa Clara County; and
WHEREAS, the number of vehicles abandoned on public and private property is
constantly increasing, and it is increasingly difficult for the Town to sufficiently fund
programs to abate abandoned vehicle nuisances; and
WHEREAS, the Town has a plan for the abatement of abandoned vehicles and the
establishment of the Service Authority would allow the Town to continue and possibly
expand its program;
WHEREAS, participation in the Service Authority, including the imposition of the
One Dollar ($1.00) per vehicle annual registration fee, would substantially benefit the public
at large and the residents of the Town;
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Los
Gatos that:
Section 1. The Town Council of the Town of Los Gatos undertakes to join as a
member agency, with other jurisdictions within the County of Santa Clara as may also join,
the Santa Clara County Abandoned Vehicle Abatement Service Authority.
Section 2. The Town Manager is hereby authorized to execute, on behalf of the
Town, the Agreement for Santa Clara County Abandoned Vehicle Abatement Service
Authority and any other such documents or agreements as are necessary to perform the
obligations and duties set forth in said Service Authority Agreement.
Section 3. The Town Manager is hereby authorized to appoint the Town's
representatives to the Service Authority and /or its Board of Directors as are provided in the
Agreement.
Section 4. Town staff as selected by the Town Manager or designated representative
is hereby directed to perform such services and undertake such actions as are authorized by
the agreement and as may be required for the formation and administration of the Service
Authority.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos, California, held on the 18th day of November, 1991, by the following vote:
COUNCIL MEMBERS
AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, Brent N. Ventura
Mayor Eric D. Carlson
NAPES: None
ABSENT: None
ABSTAIN: None
t yy_ A
SIGNED: ✓ G...__.
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
1
CLERK OF THE TOWN CAF LOS GATOS
LOS GATOS, CALIFORNIA
JRG:CNK:scc Attnchment
11/01/91 h
AGREEMENT FOR
SANTA CLARA COUNTY ABANDONED VEHICLE ABATEMENT
SERVICE AUTHORITY
PARTIES. The parties to this Agreement are the County of Santa
Clara and those Cities within the County that have elected to
create and participate in the Santa Clara County Abandoned Vehicle
Abatement Service Authority as provided herein.
PURPOSE AND AUTHORITY. The purpose of this Agreement is to
establish a Service Authority for the abatement of abandoned
vehicles in Santa Clara County pursuant to California Vehicle Code
§ 22710 and Government Code § 6500, et sea.
CREATION. Upon the effective date of this Agreement, there is
hereby created, the Santa Clara County Abandoned Vehicle Abatement
Service Authority ( "Authority ") as a separate public entity and
distinct from the member jurisdictions to implement this Agreement
in accordance with Vehicle Code § 22710.
4. MEMBERSHIP IN THE AUTHORITY. Membership in the Authority will be
open to all Cities who, by approved resolution of their City
Council, agree to participate in the Authority. In addition, the
County of Santa Clara shall be entitled to membership; also by
approved resolution of its Board of Supervisors.
ME UsNeTWTUMIKOU
a. The Authority shall be governed by a five (5) member Board of
Directors ( "Board"), to be elected by the members of the
Authority as is hereinafter provided. In the first year, two
(2) members will be elected to one year terms and three (3)
members, including the County representative, and the City of
San Jose representatives, to two (2) year term; all other
terms thereafter shall be one (1) year.
b. The duties of the Board of Directors will include, but are
not limited to, preparing and recommending to the County
Board of Supervisors and City Councils action on the
Abandoned Vehicle Abatement Program, preparing and submitting
a Service Plan to the State, conducting and reporting the
results of any survey, study or analysis, managing the
financial affairs of the Authority, modifying and /or
approving quarterly and annual reports to the State and
disbursing funds in accordance with this Service Authority
Agreement and the California Vehicle Code.
C. The five (5) Board members shall consist of representatives
as follows:
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2
One (1) repr
Two (2) rep=
zntative from the County of Santa Clara.
entatives from the City of San Jose.
Two (2) r�._resentatives selected from the remaining
Cities in the County, said representatives to be chosen
by those Cities.
d. Representation by Cities in the County other than San Jose
shall rotate with the election of each new Board member until
each City has been represented, if it so desires, on the
Board. Rotation shall continue for the life of the Authority.
6. VOTING RIGHTS.
a. Formation of the =. uthority, imposition of the registrat.
fee and initial ption of the Authority Agreement and P1
shall be made a -on a two- thirds vote of the Board
Supervisors of the County of Santa Clara and a majority vote
of the Cities having a majority of the incorporated
population within the County.
b. Any subsequent amendment to the Authority Agreement or to the
Plan adopted thereby shall be made upon a majority vote of
the County and the Cities having a majority of the
incorporated population within the County.
C. Selection of the Board of Directors representative from the
County shall be made by the County Executive. Selection of
the Board representatives from the City of San Jose shall be
representatives from Manager.
the re e e Board
remaining Citi 3 shall be made as
follows:
i. The Cities to be represented shall be selected by a
majority vote of the member jurisdictions at the annual
Authority membership meeting held pursuant to Section
9(a) below;
ii. The City Manager of the City selected by the Authority
memborship shall appoint said City's Board member.
7. POWERS AIM DUTIES.
a. Contracts and Acts. Pursuant to Vehicle Code § 22710(b), the
Authority may contract and may undertake any act convenient
or necessary to carry out any law relating to the Authority,
including acts necessary to ensure that the vehicle
registration fee authorized by Vehicle Code § 9250.7 is used
in accordance with the requirements of Vehicle Code § 22710.
b. Ordinance. Pursuant to Vehicle Code § 22710(c)(1), t.
Authority may adopt an ordinance establishing procedures for
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the abatement, removal, and disposal, as public nuisances, of
abandoned, wrecked, dismantled, or inoperative vehicles or
parts thereof, from private or public property; and for the
recovery, pursuant to § 25845 or 38773.5 of the Government
Code, or assumption by the Service Authority, of costs of
administration and of that removal and disposal. As
governed by existing State law, recovery methods may include,
but are not restricted to, release fees, citation, lien,
and /or towing fees.
C. Program and Plan. Pursuant to Vehicle Code § 22710(d), and
as authorized by California Vehicle Code §§ 22660 and 22661,
the Authority shall implement an Abandoned Vehicle Abatement
Plan following the adoption of the Plan by the County of
Santa Clara and a majority of the Cities having a majority of
the incorporated population. This Plan shall be a
compilation of the adopted program and /or plan in each
participating jurisdiction. Each jurisdiction's program and
plan shall be consistent with the California Vehicle Code and
with guidelines prepared by the California Highway Patrol.
d. Limitation on Authority. The manner of exercising powers
granted the Authority and its Board by this Agreement shall
be subject to the same restrictions as are imposed upon the
County of Santa Clara in its exercise of similar powers. In
addition, neither the Authority nor its Board shall interfere
in the day -to -day administration and implementation of each
jurisdiction's Program as adopted by this Authority except as
expressly provided for herein.
Fes. Pursuant to Vehicle Code § 9250.7, the Authority hereby
imposes an annual service fee of One Dollar ($1.00) on vehicles
registered to an owner with an address in Santa Clara County,
including the incorporated Cities, provided the Abandoned Vehicle
Abatement Program and Plan, referred to in Section 7.c, above, is
approved by the County and majority of the Cities having a
majority of the incorporated population in substantial compliance
with Vehicle Code § 22710(d).
9. MEETINGS.
a. The full membership of the Authority shall meet at least once
annually in May, or earlier as necessary, for the purpose of
Board of Director City representation selection, approval of
the Authority budget for the following fiscal year and
adoption of the following fiscal year Plan. The full
membership shall also meet, as requested by the Board on
behalf of any member and /or on its own behalf.
b. The Board of Directors shall meet as necessary, but not less
than once per fiscal quarter, to carry out the purpose and
duties of the Authority. No meeting of the Board shall be
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conducted with less than three (3) members of the Board, b the
which Authorityp shall srequiquorum, e a voten of athe majority ity taken
of the full
Board.
Written notice of the date, time and location of Authority
membership and Board meetings shall be given to the City
Managers and County Executive of each member of the Authority
not less than seven (7) days prior to said meeting.
Public notice as required by the Brown Act shall be given for
all Board or other Authority meetings.
10. STAFF. Pursuant to Vehicle Code § 22710(b), the Authority shall
be staffed by representatives from the participating Au... >rity
members.
11. AUDIT. There shall be strict accountability of all Au-, :. ty
funds. The County Auditor shall be the auditor for :he
Authority. On or before September 30 of each year, Auditor shall
report all receipts and disbursements to the Authority, da , ato
or contract to make, an annual audit of the Authority p urs
the requirements of Government Code § 6505.
12. DISBURSEMENT OF FUNDS.
a. The funds received by the Authority from the One Dolla.
($1.00) registration fee shall be used in accordance with
Vehicle Code § 22710(c)(2), and shall be distributed to the
Cities and the County for their use in accordance with
Vehicle Code § 22710(c)(2) and with the terms of this
Agreement. It is the Author' -ty's intent that each
jurisdiction shall have the right :o claim the total annual
allocation for said jurisdiction.
b. The funds will be disbursed quarterly, as received, based
upon claims submitted by each jurisdiction up to the maximum
quarterly allotment to each member of the Authority in the
same proportion as its population bears to the total County
population, based upon population figures issued annually by
the State Department of Finance.
C. In the event a particular jurisdiction's abatement costs for
any of the first three fiscal quarters exceeds the
jurisdiction's allotment for any one or more of these
quarters, said jurisdiction may add the unreimbursed amount
to its claim in the following fiscal quarter of that fiscal
year.
d. In th event a particular jurisdiction does not claim the
full mount of its quarterly allotment based on fundR
received by the Service Authority, the "surplus funds" may t
accumulated for the remainder of the current fiscal year.
5384k/0204k 4
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Any funds not disbursed to a
fiscal year shall be added tc
Authority from the Controller
thereafter disbursed pursuant
22710(c)(2). "Surplus funds"
jurisdiction at the end of the
the total sum received by the
the following fiscal year and
to California Vehicle Code §
are those funds allotted to a
,jurisdiction in a fiscal quarter of the same fiscal year but
are not claimed for that quarter.
The quarterly disbursement of funds to each participating
jurisdiction shall be based on the fiscal year beginning in
July.
The Treasurer of the County of Santa Clara will receive any
funds distributed to the Authority by the State Controller
and shall disburse said funds, including interest thereon,
less administrative costs, to each member jurisdiction as
authorized by the Board and by the terms of this Agreement
and Service Authority Plan. The County Treasurer shall
report all receipts and disbursements to the Authority on a
quarterly basis.
13. APPEAL TO FULL AUTHORITY MEMBERSHIP. Any member jurisdiction may
appeal a Board decision rejecting a claim, either in whole or in
part, to the Authority membership by requesting, at a Board
Meeting, that the Board call a special meeting of the full
Authority membership. The Authority at the membership meeting
shall hear the jurisdiction's appeal and shall render a decision
based upon a majority vote of the members present, and such
decision shall be binding on the Authority and on the member
jurisdiction.
14. DEBTS AND LIABILITIES. The debts, liabilities, and obligations of
the Authority shall not be the debts, liabilities, and obligations
of the member jurisdictions, or any of them. Any participating
member of the Authority shall defend, indemnify, save and hold
harmless the Service Authority and any other participating members
from any and all claims, costs, liability for any damages,
sickness, death or injury to person(s) or property, from any cause
whatsoever arising directly or indirectly from or connected with
the operations or services of the participating members or its
agents, servants, or employees save and except claims, actions, or
litigation arising through the sole negligence or sole willful
misconduct of the Service Authority or its officers or employees,
and the member will make good to and reimburse the Service
Authority for any expenditures the Service Authority may make by
reason of such matters and, if requested by the Service Authority,
any such suits at the sole cost and expense of the involved
participating member.
15. AUTHORITY COSTS. Reimbursed costs shall be for the administration
and management of Service Authority Plan(s). Any costs incurred
in the operation of the Service Authority must be approved by a
majority vote of the members in attendance at the Authority Annual
Meeting.
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16. AMENDMENT. This Agreement may be amended upon majority vote of
the County and the Cities having a majority of the incorporated
population.
17. m -FRp1INAT10 BY MEMBERS. Subject to Vehicle Code § 22710, this
Agreement may be terminated by member jurisdictions as follows:
a. Ind��idual Member Jurisdictions. A member jurisdiction may
terminate its participation in this agreement and the
Authority immediately by providing written notice to the
County any time before the Abandoned Vehicle Abatement
Program and Plan is approved pursuant to Vehicle Code
§ 22710(d). Notice to the County shall be delivered to the
Santa Clara County Administrator's Office, San Jose, CA
95112.
After the Abandoned Vehicle Abatement Program and Plan has
been approved, a member jurisdiction may terminate its
participation in this Agreement and The Authority by
providing thirty (30) days written notice of such termination
to the Authority. However, termination shall not relieve a
member of its duty to comply with the Abandoned Vehicle
Abatement Program and Plan, Vehicle Code § 22710 and the
and the
regulations adopted pursuant thereto, this rage ved tfrom the
rules of the Authority as to any funds
Authority. Notice of termination may be rescinded upo
written notice to the Authority at any time before the
effective date of termination.
b. Maiority. This Agreement may be terminated at any time by a
majority of the member jurisdictions having a majority of the
incorporated population voting to dissolve the Authority.
18. NEW MEMBER. A jurisdiction may choose to enter into the Authority
by giving a Notice of Submission, which is to be in resolution
form, and approved by a majority vote of that jurisdiction's
governing Council or Board. This resolution is to be received no
later than April 1st by the Authority. Upon app
distribution of funds to the new rjurisdic ion will
e in
accordance to rules previously app
Distribution will take place in the first quarter of the new
fiscal year.
19. TERMINATE 2N. The Authority shall cease to exist on the date that
all revenues received by the Authority, pursuant to Vehicle Code
§ 9250.7, have been expended.
UN
20. COTERPARTS. This Agreement may be executed in count, parts
which, taken together, shall constitute one and the same agr, vent.
5384k/0204k 6
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21. SEVERABILITY. The unenforceability, invalidity, or illegality of
any provision shall not render the other provisions unenforceable,
invalid, or illegal.
22. EFFECTIVE DATE. This Agreement becomes effective upon its
approval by the County Board of Supervisors by two - thirds (2/3)
vote, and a majority of the Cities having a majority of the
incorporated population within the County.
COUNTY OF SANTA CLARA ATTEST:
Clerk of Board and County
Administrator
FORM APPROVED:
COUNTY COUNSEL
By:
CITY OF CAMPBELL
By:
ATTEST:
By:
CITY OF CUPERTINO
By:
ATTEST:
By:
By:
Deputy
RESOLUTION NO:
Dated:
M
FORM APPROVED
M
RESOLUTION NO:
Dated:
FORM APPROVED
M
RESOLUTION NO:
Dated:
By:
5384k/0204k 7
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11/01/91
CITY OF GILROY
By:
ATTEST:
In
CITY OF LOS ALTOS
By:
ATTEST:
By:
CITY OF LOS ALTOS HILLS
By:
ATTEST:
By:
TOWN OF LOS GATOS
By:
ATTEST:
M
5384k/0204k
FORM APPROVED
By:
RESOLUTION NO:
Dated:
FORM APPROVED
By:
RESOLUTION NO:
Dated:
FORM APPROVED
By:
RESOLUTION NO:
Dated:
FORM APPROVED
By:
RESOLUTION NO:
Dated:
0
JRG:CNK:scc
11/01/91
CITY OF MILPITAS
By:
ATTEST:
CITY OF MONTE SERENO
By:
ATTEST:
By:
CITY OF MORGAN HILL
By:
ATTEST:
By:
CITY OF MOUNTAIN VIEW
By:
ATTEST:
By:
FORM APPROVED
By:
RESOLUTION NO:
Dated:
FORM APPROVED
By:
RESOLUTION NO:
Dated:
FORM APPROVED
By:
RESOLUTION NO:
Dated:
FORM APPROVED
By:
RESOLUTION NO:
Dated:
5384k/0204k 9
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11/01/91
CITY OF PALO ALTO
By:
ATTEST:
By:
CITY OF SAN JOSE
By:
LES WHITE
City Manager
ATTEST:
By: PATRICIA L. O'HEARN
Acting City Clerk
CITY OF SANTA CLARA
By: —
ATTEST:
By:
CITY OF SARATOGA
By:
ATTEST:
By:
5384k/0204k
FORM APPROVED
By:
RESOLUTION NO:
Dated:
FORM APPROVED
By:
CATHERINE N. KOGURA
Deputy City Attorney
RESOLUTION NO:
Dated:
FORM APPROVED
By:
RESOLUTION NO:
Dated:
FORM APPROVED
By:
RESOLUTION NO:
Dated:
w
JRG:CNK:scc
11/01/91
CITY OF SUNNYVALE FORM APPROVED
oz
ATTEST:
m
M
RESOLUTION NO:
Dated:
5384k/0204k 11
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CITIES AND COUNTY OF SANTA CLARA
ABANDONED VESICLE ABATEMENT
SERVICE AUTHORITY PLAN
Attachment 3
The purpose of this Plan is to establish operation of a Service
Authority under the provisions of California Vehicle Code § 22710.
The Service Authority is to be known as the Santa Clara County
Abandoned Vehicle Abatement Service Authority.
The purpose of the Authority's plan shall be the exercising of
certain operations as set forth below which will assure the citizens
of the Cities and County of Santa Clara that, abandoned vehicle
abatement activities are conducted in a manner most consistent with
the good of the general public.
B. AUTHORITY ORGANIZATION
1. Membership in the Authority is open to all Cities adopting
resolutions providing for the establishment of the Service
Authority within Santa Clara County and the imposition of an
additional One Dollar ($1.00) collected on motor vehicle
registration fees.
2. The Authority is to be governed by a Board of Directors. The
Board of Directors will be comprised of representatives from
three (3) of the membership Cities and one (1) County
representative
(a) Representation of the three (3) Cities shall be composed
of two (2) Directors from the City of San Jose and two
(2) Directors from the remaining Cities in the County.
5384k/0204k 1
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(b) Individual Directors will serve staggered one (1) and
two (2) year terms on the Board of Directors.
(c) City representation on the Board shall rotate to give
all Cities an opportunity to participate on the Board.
(d) The Board of Directors shall be responsible for the
administration of the Service Authority and the plans
adopted thereby.
(e) Monetary redistribution sh_>11 be with approval of a
majority of all members r' the Authority wing a
majority of the incorporated population. Funds will be
distributed to each member of the Authority in the same
proportion as its population bears to the total County
population based upon annual population figures provided
by the State Department of Finance. These figures are
normally available in the 2nd quarter of the calendar
year and any adjustments in monetary allocations to
members of the Authority will be made in the 1st quarter
of the fiscal year.
(f) Funds collected from non - participating Cities will be
distributed by the Authority to the participating
members on a population percentage formula described in
Section B(2)(e), above.
C. RESOLDT_I_ONS
Collectively attached hereto as Exhibit A and incorporated herein
by reference are copies of the City and County resolutions providing
for the establishment of the Service Authority. That rrvice
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Authority is comprised of the County and the following Cities:
Total Combined Population - 1,513,015
Total County Population - 1,513,100
* Figures based on California Department of Finance rounded
figures as of January 1, 1991.
Attached hereto as Exhibit B and incorporated herein by reference
is the Resolution approving this Plan as the Santa Clara County
Abandoned Vehicle Abatement Service Authority Plan.
5384k/0204k 3
Jurisdiction
PomilatiOII*
1.
City
of
Campbell
36,250
2.
City
of
Cupertino
40,350
3.
City
of
Gilroy
31,750
4.
City
of
Los Altos
26,350
5.
City
of
Los Altos Hills
7,525
6.
Town
of
Los Gatos
27,450
7.
City
of
Milpitas
51,600
8.
City
of
Monte Sereno
3,290
9.
City
of
Morgan Hill
24,750
10.
City
of
Mountain View
68,200
11.
City
of
Palo Alto
56,000
12.
City
of
San Jose
791,600
13.
City
of
Santa Clara
94,100
14.
City
of
Saratoga
28,000
15.
City
of
Sunnyvale
119,600
16,
County
Unincorporated
106,200
Total Combined Population - 1,513,015
Total County Population - 1,513,100
* Figures based on California Department of Finance rounded
figures as of January 1, 1991.
Attached hereto as Exhibit B and incorporated herein by reference
is the Resolution approving this Plan as the Santa Clara County
Abandoned Vehicle Abatement Service Authority Plan.
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D. ABANDONED VEHICLE ESTIMATES
Approximately 22,325 vehicles were marked for towing during the
previous six months. The actual number of vehicles towed was 4,438.
Based on the definition that an abandoned vehicle can be left on a
highway, public or private property, any vehicle tagged is a potential
abandoned vehicle. However, many vehicles that are not towed are
moved by the owner. It is estimated that approximately 19.8% percent
of the number of vehicles which are marked for towing in Santa Clara
County actually fall into the definition of an abandoned vehicle.
Therefore, in our County it is estimated that there will be a
potential of 4438 vehicles which will become abandoned vehicles.
E. DISPOSAL AND ENFORCEMENT
Pursuant to California Vehicle Code §§ 22660, 22661 and 22710 for
the establishment of local abandoned vehicle abatement programs, the
Santa Clara County Vehicle Abatement Service Plan shall consist of a
compilation of each program and /or plan adopted within each
participating member's jurisdiction o the extent each jurisdiction's
program and /or plan is consistent with the requirements of the
California Vehicle Code and California Highway Patrol guidelines.
F. COST RECOVERY
It is the intent of the Service Authority members to recover the
cost of abandoned vehicle abatement from the Authority.
1. Definition of Costs Recoverable from the Authority:
These are costs to include staff time expended and reasonably
related to aba 'oned vehicle aba_ement cases consistent with
each jurisdicti :'s approved and adopted program and /or plan
5384k/0204k 4
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including but not limited to costs associated with
investigation, site inspection, and monitoring reports,
telephone contacts, correspondence and meetings with affected
parties. Staff time shall be calculated at an hourly rate as
established by that member.
2. Cost Accounting and Recovery Required
Each Service Authority member will maintain records of costs
incurred by the enforcement process engaged in the abandoned
vehicle abatement program and /or plan and shall attempt
recovery of those costs.
3. Method of Recovery
On a quarterly basis, each Service Authority Member shall
submit a claim for all recoverable costs incurred in the
implementation and administration of its abandoned vehicle
abatement plan.
G. CONTRACTUAL AGRF NMS
Service Authority members may employ contractors for the
abatement, removal and disposal as public nuisance, or abandoned,
wrecked, dismantled, or inoperative vehicles or parts thereof from
private or public property.
H. APPROPRIATE FISCAL CONTROLS
The Service Authority Board of Directors shall adopt an annual
budget and shall set appropriate revenue amounts to be earmarked to
each participating member agency. These amounts are to be based on
the total revenue to be realized by the annual assessment of $1.00 per
5384k/0204k 5
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registered vehicle in the County. These amounts will be less those
administrative costs which the Service Authority incurs. The
administrative costs of the California Department of Motor Vehicles
and State Controller's office will be deducted from collected fees
prior to distribution to the Authority.
The Board of Directors for the Service Authority will make
provisions for:
1. Itemized accounting of payments to each participating member
of the Service Authority.
2. Itemized accounting for the total number of abandoned
vehicles abated by efforts of each participating member.
I. REPORTING UMQUIRNWIM
Quarterly, the Service Authority will generate reports to the
California Highway Patrol.
J eSSESMO T OF THE PROGRAM
The Service Authority Board of Directors will report annually on
the effectiveness of the Authority to the California Highway Patrol
and shall distribute said reports to each participating member of the
Authority.
K. EEFECrm DATE OF PLAN
This Plan becomes effective upon adoption of the Resolution
attached hereto as Exhibit B approving said Plan as the Abandoned
Vehicle Service Authority Plan.
[END]
5384k/0204k 6
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California HPH 87.1
HIGHWAY PATROL
•
riell I III
REVISION RECORD
DATE
DATE
REV. NO. INSERTED INITIALS
REV. NO. INSERTED INITIALS
1.
26.
2.
27.
3.
28.
4.
29.
5.
30.
6.
31.
7.
32.
8.
33.
9.
34.
10.
35.
11.
36.
12.
37.
13.
38.
14.
39.
15.
40.
16.
41.
17.
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25. _
50.
CHP 7 -91 -1,100 Printed by California Highway Patrol, Sacramento
DEPARTHENT OF CALIFORNIA HIGHWAY PATROL
ABANDONED VEHICLE ABATEMENT GUIDELINES FOR SERVICE AUTHORITIES
THIS PUBLICATION MAY BE PURCHASED FOR
$4.85 EACH PLUS CALIFORNIA STATE SALES TAX
July 1991
i HPH 87.1
FOREWORD
The purpose of this publication is to provide uniform guidelines for the
establishment of Abandoned Vehicle Abatement Plans being developed by Service
Authorities which have been established pursuant to California Vehicle Code
(CVC) Section 22710 and funded pursuant to CVC Section 9250.7.
The objective is to aid county based Service Authorities with the development
of the required Abandoned Vehicle Abatement Plans.
Inquiries regarding this publication or the Statewide Abandoned Vehicle
Abatement Program should be directed to the California Highway Patrol,
Investigative Services Section, P. 0. Box 942898, Sacramento, CA, 94298 -0001,
or at (916) 445 -0752.
OFFICE OF THE COHHISSIONER
DISTRIBUTION: 3A E G S
ii HPH 87.1
TABLE OF CONTENTS
PAGE
CHAPTER 1 - GENERAL INFORMATION 1 -1
ESTABLISHMENT OF THE CURRENT ABANDONED VEHICLE 1 -1
ABATEMENT (AVA) PROGRAM
Historical Perspective of the Statewide AVA Program 1 -1
Establishment of the Current Statewide AVA Program 1 -1
1 -2
DEFINITION OF TERMS
1 -2
Public Nuisance Vehicle
1 -2
Abandoned Vehicle
1 -2
Wrecked Vehicle
1 -2
Dismantled Vehicle
1 -2
Inoperative Vehicle
1 -2
Public Property
1 -3
Private Property
CHAPTER 2 - REFERENCE SOURCES RELATING TO ABANDONED VEHICLES
2 -1
2 -1
PURPOSE
2 -1
VEHICLES OF HISTORIC VALUE
2 -1
CVC Section 5004
2 -2
ABANDONED VEHICLE TRUST FUND
2 -2
CVC Section 9250.7
2 -2
ABANDONMENT PROHIBITED
2 -2
CVC Section 22523
2 -3
PRESUMPTION OF ABANDONMENT
2 -3
CVC Section 22524
2-3
LOCAL ABATEMENT PROCEDURE
2 -3
CVC Section 22660
2 -4
CONTENTS OF ORDINANCE
2 -4
CVC Section 22661
2 -6
DISPOSITION OF VEHICLES OR PARTS
2 -6
CVC Section 22662
2 -6
ADMINISTRATION OF ORDINANCE
2 -6
CVC Section 22663
HPH 87.1
iii
PAGE
WAIVER: REPORTING REQUIREMENTS AND FEES 2 -6
CVC Section 22664 2 -6
ADMINISTRATION OF LOCAL PROGRAMS BY HIGHWAY PATROL 2 -7
CVC Section 22665 2 -7
REGULATIONS OF HIGHWAY PATROL 2 -7
CVC Section 22666 2 -7
ABATEMENT AND REMOVAL: PRIORITIES
2 -7
CVC Section 22667
2 -7
ABANDONED VEHICLE TRUST FUND: PROHIBITED DISBURSEMENTS
2 -8
CVC Section 22668
2 -8
REMOVAL OF ABANDONED VEHICLES
2 -8
CVC Section 22669
2 -8
LIEN SALE: VALUATION
2 -9
CVC Section 22670
2 -9
REMOVAL BY FRANCHISE OR CONTRACT
2 -9
CVC Section 22671
2 -9
SERVICE AUTHORITY FOR THE ABATEMENT OF ABANDONED
VEHICLES
2 -9
CVC Section 22710
2 -9
VEHICLE REMOVAL: RELEASE TO OWNER 2 -11
CVC Section 22850.3 2 -11
LIEN ON STORED VEHICLE 2 -11
CVC Section 22851 2 -11
DISPOSITION OF ABANDONED LOW- VALUED VEHICLES 2 -12
CVC Section 22851.3 2 -12
APPRAISERS 2 -15
CVC Section 22855 1 -15
ABATEMENT OF NUISANCE; ORDINANCE TO ESTABLISH
PROCEDURE; CONTENTS; FAILURE TO PAY COSTS; SPECIAL
ASSESSMENT AGAINST PARCEL; COLLECTION; NOTICE OF
ABATEMENT LIEN; RECORDATION; EFFECT 2 -16
California Government Code (CGC) Section 25845 2 -16
MPH 87.1 iv
PAGE
SECOND OR SUBSEQUENT CIVIL OR CRIMINAL JUDGMENT;
ABATEMENT OF NUISANCE; TREBLE DAMAGES 2 -17.
CGC Section 25845.5 2-17
NUISANCE ABATEMENT LIEN; ORDINANCE; PROCEDURES; FEES 2 -17
CGC Section 38773.1 2 -17
ESTABLISHMENT OF PROCEDURE FOR ABATEMENT OF NUISANCE;
COST OF ABATEMENT AS SPECIAL ASSESSMENT AGAINST PARCEL;
CONDITION MAKING COST NOT A LIEN 2-18
CGC Section 38773.5 2 -18
SECOND OR SUBSEQUENT CIVIL OR CRIMINAL JUDGMENT;
ABATEMENT OF NUISANCE; TREBLE DAMAGES 2 -19
CGC Section 38773.7 2-19
CHAPTER 3 - REQUIREMENTS FOR PARTICIPATING SERVICE AUTHORITIES 3 -1
GENERAL REQUIREMENTS 3 -1
Establishment of a Service Authority 3 -1
Service Fee 3 -1
Abandoned Vehicle Trust Fund 3 -1
Membership 3 -1
Service Authority Staffing 3 -2
Authorizations Granted to the Service Authority 3 -2
Actual Removal and Disposal of Vehicles 3 -2
Authorized Expenditures 3-2
Approval of the Service Authority's Abandoned
Vehicle Abatement Programs and Plans 3-2
Disbursement( of Funds by the State Controller 3 -3
Cessation of the Existence of a Service Authority 3 -3
GUIDELINES FOR THE DEVELOPMENT OF ABANDONED VEHICLE
ABATEMENT PROGRAMS AND PLANS
3 -4
Abandoned Vehicle Abatement Plan Content Statement
3 -4
Required Resolutions
3 -4
Estimate of the Number of Abandoned Vehicles
3 -4
Copies of Ordinances
3 -4
Disposal and Enforcement Strategy
3 -5
Cost Recovery Strategy
3 -5
Contractual Agreements
3 -5
Appropriate Fiscal Controls
3 -5
REPORTING REQUIREMENTS
3 -6
Report to the Legislature
3 -6
Requirement to Report to CHP
3 -6
Quarterly Reports to Clip
3 -6
v HPH 87.1
CHAPTER 1
GENERAL INFORMATION
1. ESTABLISHMENT OF THE CURRENT ABANDONED VEHICLE ABATEMENT (AVA) PROGRAM.
a. Historical Perspective of the Statewide AVA Program. California
established a Statewide Abandoned Vehicle Abatement (AVA) Program with the
enactment of California Vehicle Code (CVC) Sections 9250.7 and 22710.
Section 9250.7 provided a funding source for the program through the
establishment of a one -time, one dollar service fee on all vehicles
registered in California during 1973. Section 22710 established the
operational requirements, including the requirement for the California
Highway Patrol to administer the program. Between 1973 and 1975, the amount
of interest earned on the balance in the Abandoned Vehicle Trust Fund
exceeded the amount needed to maintain the program. By 1978, the amount in
the trust fund was no longer sufficient to continue the abandoned vehicle
abatement program at the level which then existed. In 1978, the Legislature
appropriated 3 million dollars from the Motor Vehicle Account to the trust
fund to continue the program for the 1978 -1979 and 1979 -1980 Fiscal Years.
In 1980, the Legislature added 1.4 million dollars to the budget to fund the
program for the 1980 -1981 Fiscal Year. In 1980; the Legislative Analyst
prepared a report which analyzed the costs and benefits of the program. The
report recommended that legislation be enacted to terminate the State's
responsibility for funding and administering the program, or that the
reimbursement to cities and counties be at a constant rate reflecting the
costs incurred by more efficient local agencies. The Legislature recognized
that the problem of abandoned vehicles was continuing to grow, creating a
public nuisance and a health and safety hazard, and that local governments
lacked sufficient resources to adequately address the problem. Between 1981
and 1919, the Legislature enacted legislation designed to aid local
governments with recovery of costs associated with the removal and
disposition of abandoned vehicles from private property. Additionally, the
Legislature enacted legislation specifying the presumption that the last
owner of record was responsible for the abandonment of a vehicle found
abandoned. Even though the measures were helpful to local governments, they
still didn't provide local governments with sufficient resources to deal
with the growing abandoned vehicle problem.
b. Establishment of the Current Statewide AVA Program. In 1990,
legislation which repealed and replaced CVC Sections 9250.7 and 22710 was
enacted into law. Generally, CVC Section 9250.7 provides, for a period of
five years, a funding source for the abatement of abandoned vehicles by
county based Service Authorities, pursuant to the provisions of CVC Section
22710,
1 -1 MPH 87.1
2. DEFINITION OF TERMS.
a. Public Nuisance Vehicle. Any vehicle that is abandoned, wrecked,
dismantled, or any inoperative Parts thereof; that is on public or private
property, not including highways; and that creates a condition tending to
reduce the value of private property, promotes blight and deterioration,
invites plundering, creates fire hazards, constitutes an attractive nuisance
endangering the health and safety of minors, harbors rodents and insects, or
jeopardizes health, safety, and general welfare is a public nuisance.
b. Abandoned Vehicle. A vehicle is considered to be "abandoned" if it is
left on a highway, public property, or private property in such inoperable
or neglected condition that the owner's intention to relinquish all further
rights or interests in it may be reasonably concluded.
(1) In reaching a reasonable conclusion, one must consider the amount of
time the vehicle has been there without being moved, its condition,
statements from the owner and witnesses, etc.
(2) In reference to highways or public rights -of -way, "abandonment" is
presumed to have occurred if a vehicle is parked, resting, or otherwise
immobilized on any highway or public right -of -way; and lacks an engine,
transmission, wheels, tires, doors, windshield, or any other part or
equipment necessary to operate safely on the highway in this State. Such
vehicles are presumed to be a hazard to public health, safety, and welfare
and may be removed immediately upon discovery by a peace officer or other
designated employee of the state, county, or city.
c. Wrecked Vehicle. Any vehicle that is damaged to such an extent that it
cannot be operated upon the highway is termed a wrecked vehicle.
(1) A vehicle which has been wrecked in a traffic accident, and which has
been removed from the roadway to a storage facility, but which has not
been claimed by its owner will not be considered an abandoned vehicle for
the purposes of this program.
d. Dismantled Vehicle. Any vehicle that is partially or wholly
disassembled.
e. Inoperative Vehicle. Any motor vehicle that cannot be moved under its
own power.
f. Public Property. This tern is commonly used as a designation of those
things which are considered as being owned by "the public," the entire state
or comity, and not restricted to dominion of a private person. It may
also apply to any property owned by a state, nation or municipality.
MPH 87.1 1 -2
g•
Private property. such property as belongs absolutely to an QuIvidual,
and of which he or she has the exclusive right of disposition. Property of
a specific, fixed and tangible nature, capable of being in possession and
transmitted to another, such as houses, lands, vehicles, etc.
1-3 HPH 87.1
CHAPTER 2
REFERENCE SOURCES RELATING TO ABANDONED VEHICLES
1. PURPOSE. This chapter provides a listing of current laws relating to the
abatement and disposition of abandoned vehicles, and is intended to provide
reference source material for the development of Abandoned Vehicle Abatement
Plans.
2. VEHICLES OF HISTORIC VALUE.
a. CVC Section 5004.
(1) Subdivision (a): "Notwithstanding any other provision of this code,
any owner of a vehicle described in paragraph (1), (2), or (3) which is
operated or moved over the highway primarily for the purpose of historical
exhibition or similar purpose shall, upon application in the manner, and
at the time, prescribed by the department (Department of Motor Vehicles),
be issued special identification plates for the vehicle:
(a) Paragraph (1): "A motor vehicle with an engine of 16 or more
cylinders manufactured prior to 1965."
(b) Paragraph (2): "A motor vehicle manufactured in the year 1922 or
prior thereto."
(c) Paragraph (3): "A vehicle which was manufactured after 1922, is at
least 25 years old, and is of historic interest."
(2) Subdivision 110): "The special identification plates assigned to
motor vehicles with an engine of 16 cylinders manufactured prior to 1965
and to any motor vehicle manufactured in the year 1922 and prior thereto
shall run in a separate numerical series, commencing with Horseless
Carriage No. 1. The special identification plates assigned to vehicles
specified in paragraph (3) of subdivision (a) shall run in a separate
numerical series, commencing with Historical Vehicle No. 1. Each series
of plates shall have different and distinguishing colors."
(3) Subdivision (c): "A fee of twenty -five dollars ($25) shall be
charged for the initial issuance of the special identification plates.
Such plates shall be permanent and shall not be required to be replaced.
If such special identification plates become damaged or unserviceable in
any manner, replacement for the plates may be obtained from the department
(Department of Motor Vehicles) upon proper application and upon payment of
such fee as is provided for in Section 9265."
2 -1 HPH 87.1
3
(4) Subdivision (d): "All funds received by the department in payment
for such identification plates or the replacement thereof shall be
deposited in the California Environmental License Plate Fund."
(5) Subdivision (e): "These vehicles shall not be exempt from the
equipment provisions of Sections 26709, 27150, and 27600."
(6) Subdivision (£): "As used in this section, a vehicle is of historic
interest if it is collected, restored, maintained, and operated by a
collector or hobbyist principally for the purposes of exhibition and
historic vehicle club activities."
ABANDONED VEHICLE TRUST FUND.
a. CVC Section 9250.7.
(1) Subdivision (a): "A Service Authority established under Section
22710 may impose a service fee of one dollar ($I) on vehicles registered
to an owner with an address in the county which established the Service
Authority. The fee shall be paid to the department (Department of Motor
Vehicles) at the time of registration, or renewal of registration, or when
renewal becomes delinquent, on or after January 1, 1992, except vehicles
expressly exempted under this code from payment of registration fees."
(2) Subdivision (b): "The department (Department of Motor Vehicles),
after deducting its administrative costs, shall transmit, at least
quarterly, the net amount collected pursuant to subdivision (a) to the
Treasurer for deposit in the Abandoned Vehicle Trust Fund which is hereby
created. All money in the fund is continuously appropriated to the
Controller for allocation to a Service Authority which has an approved
abandoned vehicle abatement program pursuant to Section 22710, and for
payment of the administrative costs of the Controller. After deduction of
its administrative costs, the Controller shall allocate the money in the
Abandoned Vehicle Trust Fund to each Service Authority in proportion to
the revenues received from the fee imposed by that Authority pursuant to
subdivision (a)."
(3) Subdivision (c): "The fee imposed by a Service Authority shall
remain in effect only for a period of five years after the date on which
the Authority is established."
4. ABANDONMENT PROHIBITED.
a. CVC Section 22523.
(1) Subdivision (a): "No person shall abandon a vehicle upon any
highway."
HPH 57.1 2 -2
(2) Subdivision (b): "No person shall abandon a vehicle upon public or
private property without the express or implied consent of the owner or
person in lawful possession or control of the property."
(3) Subdivision (c): "Any person convicted of a violation of this
section shall be punished by a fine of not less than one hundred dollars
($100) and shall provide proof that the costs of removal and disposition
of the vehicle have been paid. No part of any fine imposed shall be
suspended. The fine may be paid in installments if the court determines
that the defendant is unable to pay the entire amount in one payment."
(4) Subdivision (d): "Proof that the costs of removal and disposition of
the vehicle have been paid shall not be required if proof is provided to
the court that the vehicle was stolen prior to abandonment. That proof
may consist of a police report or other evidence acceptable to the court."
(5) Subdivision (e): "The costs required to be paid for the removal and
disposition of any vehicle determined to be abandoned pursuant to Section
22669 shall not exceed those for towing and seven days of storage. This
subdivision does not apply if the registered owner or legal owner has
completed and returned to the lienholder a Declaration of Opposition form
within the time specified in Section 22851.8."
5. PRESUMPTION OF ABANDONMENT.
a. CVC Section 22524.
(1) Subdivision (a). "The abandonment of any vehicle in a manner as
provided in Section 22523 shall constitute a prima facie presumption that
the last registered owner of record is responsible for the abandonment and
is thereby liable for the cost of removal and disposition of the vehicle."
(2) Subdivision (b): "An owner who has made a bona fide sale or transfer
of a vehicle and has delivered possession of the vehicle to a purchaser
may overcome the presumption prescribed in subdivision (a) by
demonstrating that lie or she has complied with Section 5900 or by
providing other proof satisfactory to the court."
(3) Subdivision (c): "This Section shall become operative on
July 1, 1989."
6. LOCAL ABATEMENT PROCEDURE.
a. CVC Section 22660.
(1) "Notwithstanding any other provision of law, a city, county, or city
and county may adopt an ordinance establishing procedures for the
2 -3 HPH 87.1
abatement and removal, as public nuisances, of abandoned, wrecked,
dismantled, or inoperative vehicles or parts thereof from private or
public property, and for the recovery, pursuant to Section 25845 or
38773.5 of the Government Code, or assumption by the local authority, of
costs of administration and the removal."
1. CONTENTS OF ORDINANCE.
a. CVC Section 22661.
(1) "Any ordinance establishing procedures for the removal of abandoned
vehicles shall contain the following provisions:
(a) Subdivision (a): "The requirement that notice be given to the
Department of Motor Vehicles within five days after the date of removal
identifying the vehicle or part-thereof and any evidence of registration
available, including, but not limited to, the registration card,
certificates of ownership, or license plates."
(b) Subdivision (b): "Making the ordinance inapplicable to (1) a
vehicle or part thereof which is completely enclosed within a building
in a lawful manner where it is not visible from the street or other
public or private property or (2) a vehicle or part thereof which is
stored or parked in a lawful manner on private property in connection
with the business of a licensed dismantler, licensed vehicle dealer, or
junk yard. This exception shall not, however, authorize the maintenance
of a public or private nuisance as defined under provisions of law other
than this chapter."
(c) Subdivision (c): "The requirement that not less than a 10 -day
notice of intention to abate and remove the vehicle or part thereof as a
public nuisance be issued, unless the property owner and the owner of
the vehicle have signed releases authorizing removal and waiving further
interest in the vehicle or part thereof. However, the notice of
intention is not required for removal of a vehicle or part thereof which
is inoperable due to the absence of a motor, transmission, or wheels and
incapable of being towed, is valued at less than two hundred dollars
($200) by a person specified in Section 22855, and determined by the
local agency to be a public nuisance presenting an immediate threat to
public health or safety, provided that the property owner has signed a
release authorizing removal and waiving further interest in the vehicle
or part thereof. Prior to final disposition under Section 22662 of such
low- valued vehicle or part for which evidence of registration was
recovered pursuant to subdivision (a), the local agency shall provide
notice to the registered and legal owners of intent to dispose of the
vehicle or part, and if the vehicle or part is not claimed and rero•aed
after 12 days after the notice is mailed, from a location specifi. in
MPH 87.1 2 -4
Section 22662, final disposition may proceed. No local agency or
contractor thereof shall be liable for damage caused to a vehicle or
part thereof by removal pursuant to this Section. This subdivision
applies only to inoperable vehicles located upon a parcel that is (1)
zoned for agricultural use or (2) not improved with a residential
structure containing one or more dwelling units."
(d) Subdivision (d): "The 10 -day notice of intention to abate and
remove a vehicle or part thereof, when required by this Section, shall
contain a statement of hearing rights of the owner of the property on
which the vehicle is located and of the owner of the vehicle. The
statement shall include notice to the property owner that he (or slie)
may appear in person at a hearing or may submit a sworn written
statement denying responsibility for the presence of the vehicle on the
land, with his (or her) reason for such denial, in lieu of appearing.
The notice of intention to abate shall be mailed, by registered or
certified mail, to the owner of the land as shown on the last equalized
assessment roll and to the last registered and legal owners of record
unless the vehicle is in such condition that the identification numbers
are not available to determine ownership."
(e) Subdivision (e): "The requirement that a public hearing be held
before the governing body of the city, county, or city and county, or
any other board, commissioner, or official of the city, county, or city
and county as designated by the governing body, upon request for such a
hearing by the owner of the vehicle or the owner of the land on which
such vehicle is located. This request shall be made to the appropriate
public body, agency or officer within 10 days after the mailing of
notice of intention to abate and remove the vehicle or at the time of
signing a release pursuant to subdivision (c). If the owner of the land
on which the vehicle is located submits a sworn written statement
denying responsibility for the presence of the vehicle on his (or her)
land within sudh time period, this statement shall be construed as a
request for hearing which does not require the presence of the owner
submitting such request. If such a request is not received within such
period, the appropriate public body, agency, or officer shall have the
authority to remove the vehicle."
(f) Subdivision (f): "The requirement that after a vehicle has been
removed, it shall not be reconstructed or be made operable, unless it is
a vehicle which qualifies for either horseless carriage license plates
or historical vehicle license plates, pursuant to Section 5004, in which
case the vehicle may be reconstructed or made operable."
(g) Subdivision (g): "Authorizing the owner of the land on which the
vehicle is located to appear in person at the hearing or present a sworn
written statement denying responsibility for the presence of the vehicle
on the land, with his (or her) reason for such denial. If it is
determined at the hearing that the vehicle was placed on the land
2 -5 HPH 87.1
without the consent of the land owner and that he (or she) has not
subsequently acquiesced in its presence, then the local authority shall
not assess costs of administration or removal of the vehicle against the
property on which the vehicle is located or otherwise attempt to collect
such cost from the owner."
8. DISPOSITION OF VEHICLES OR PARTS.
a. CVC Section 22662.
(1) "Vehicles or parts thereof may be disposed of by removal to a scrap
yard, automobile dismantler's yard, or any suitable site operated by a
local authority for the processing as scrap, or other final disposition
consistent with subdivision (e) of Section 22661. A local authority may
operate such a disposal site when its governing body determines that
commercial channels of dispositiom-are not available or are inadequate,
aad it may make final disposition of such vehicles or parts, or the local
agency may transfer such vehicle or parts to another, provided such
disposal shall be only as scrap."
9. ADMINISTRATION OF ORDINANCE.
a. CVC Section 22663.
(1) "Any ordinance adopted pursuant to Section 22660 shall provide for
administration of the ordinance by regularly salaried full -time employees
of the city, county, or city and county, except that the removal of
vehicles or parts thereof from property may be by any other duly
authorized person. .Any such authorized person may enter upon private
property for the purposes specified in the ordinance to examine a vehicle
or parts thereof, obtain information as to the identity of a vehicle, and
remove or cause the removal of a vehicle or part thereof declared a
nuisance pursuant to the ordinance."
10. WAIVER: REPORTING REQUIREMENTS AND FEES.
a. CVC Section 22664.
(1) "Any licensed dismantler or commercial enterprise acquiring vehicles
removed pursuant to such ordinance shall be excused from the reporting
requirements of Section 11520; and any fees and penalties which would
otherwise be due the Department of Motor Vehicles ace hereby waived,
provided that a copy of the resolution or order authorizing disposition of
the vehicle is retained in the dismantler's or commercial enterprise's
business records."
HPH 87.1 2 -6
11. ADMINISTRATION OF LOCAL PROGRAMS BY HIGHWAY PATROL.
a. CVC Section 22665.
(1) "Notwithstanding Section 22710 or any other provision of law, the
department (Department of the California Highway Patrol) may, at the
request of a local authority, other than a Service Authority, administer
on behalf of the authority its abandoned vehicle abatement and removal
program established pursuant to Section 22660."
12. REGULATIONS OF HIGHWAY PATROL.
a. CVC Section 22666.
(1) "Whenever the department (Department of the California Highway
Patrol) is administering a program pursuant to Section 22665, it shall by
regulation establish procedures for the abatement and removal of vehicles
that are identical to the requirements specified in Section 22661, except
that the department (Department of the California Highway Patrol) shall
provide by agreement with the requesting local authority for the conduct
of a public hearing pursuant to subdivision (d) of Section 22661 by the
local authority and for the reimbursement of the department (Department of
the California Highway Patrol) for its costs of administration and removal
which the local authority is authorized to recover from the property owner
pursuant to Section 22660. Such regulations shall also provide for the
administration of the regulations by regularly salaried full -time
personnel of the department (Department of the California Highway Patrol),
except that the removal of vehicles or parts thereof from property may be
done by any other duly authorized person. Any such person may enter upon
private property for the purposes specified in the regulations to examine
a vehicle or part thereof, obtain information as to the identity of the
vehicle, and remove or cause the removal of a vehicle or part thereof
declared to be a nuisance pursuant to the regulations. The provisions of
Section 22662 and 22664 shall also apply to any vehicle removed by the
department (Department of the California Highway Patrol)."
13. ABATEMENT AND REMOVAL: PRIORITIES.
a. CVC Section 22667.
(1) "In establishing procedures for the abatement and removal of
abandoned vehicles, the department (Department of the California Highway
Patrol) shall give priority to the removal of abandoned vehicles from
corridors of the state highway system, from public lands and parks, and
from river and wildlife areas."
2 -7 HPH 87.1
14. ABANDONED VEHICLE TRUST FUND: PROHIBITED DISBURSEMENTS.
a. CVC Section 22668.
(1) "No local authority whose abandoned vehicle abatement and removal
program is administered pursuant to Section 22665 shall be eligible for
any disbursement from the Abandoned Vehicle Trust Fund pursuant to Section
21710."
15. REMOVAL OF ABANDONED VEHICLES.
a. CVC Section 22669.
(1) Subdivision (a): "Any peace officer, as that term is defined in
Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the
Penal Code, or any other employee-of the state, county, or city designated
by an agency or department of the state or the board of supervisors or
city council to perform this function, in the territorial limits which the
officer or employee is authorized to act, who has reasonable grounds to
believe that the vehicle has been abandoned, as determined pursuant to
Section 22523, may remove the vehicle from a highway or from public or
private property."
(2) Subdivision (b): "Any person performing a franchise or contract
awarded pursuant to subdivision (a) of Section 22710, may remove a vehicle
from a highway or place to which it has been removed pursuant to
subdivision (c) of Section 22654 or from public or private property, after
a determination by a peace officer, as that term is defined in Chapter 4.5
(commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or
other desigr,ated,employee of the _ate, county, or city in which the
vehicle is located that the vehic , is abandoned, as determined pursuant
to Section 22523."
(3) Subdivision (c): "A state, county, or city employee, other than a
peace officer or employee of a sheriff's department or city police
department, designated to remove vehicles pursuant to this Section may do
so only after he or she has mailed or personally delivered a written
report identifying the vehicle and its location to the office of the
Department of the California Highway Patrol located nearest to the
vehicle."
(4) Subdivision (d): "Motor vehicles which are parked, resting, or
otherwise immobilized on any highway or public right -of -way and which lack
an engine, transmission, wheels, tires, doors, windshield, or any other
part or equipment necessary to operate safely in the highways of this
state, are hereby declared a hazard to public health, safety, and welfare
and may be removed immediately upon discovery by a peace officer or other
designated employee of the state, county, or city."
HPH 87.1 2 -8
16. LIEN SALE: VALUATION.
a. CVC Section 22670.
(1) "For lien sale purposes, the public agency causing the removal of the
vehicle shall determine if the estimated value of the vehicle that has
been ordered removed, towed, or stored is three hundred dollars ($300) or
less, over three hundred dollars ($300) but one thousand dollars ($1000)
or less, or over one thousand dollars ($1000). If the public agency fails
or refuses to put a value on, or to estimate the value o£, the vehicle
within three days after the date of removal of the vehicle, the garage
keeper specified in Section 22851 or the garage keeper's agent shall
determine, under penalty of perjury, if the estimated value of the vehicle
that has been ordered removed, towed, or stored is three hundred dollars
($300) or less, over three hundred dollars ($300) but one thousand dollars
($1000) or less, or over one thousand dollars ($1000)."
17. REMOVAL BY FRANCHISE OR CONTRACT.
a. CVC Section 22671.
(1) "A local authority may either issue a franchise or execute a contract
for the removal of abandoned vehicles in accordance with'Lhe provisions of
this chapter."
18. SERVICE AUTHORITY FOR THE ABATEMENT OF ABANDONED VEHICLES.
a. CVC Section 22710.
(1) Subdivision (a): "A Service Authority for the abatement of abandoned
vehicles may be established, and a one dollar ($1) vehicle registration
fee imposed, in any county if the board of supervisors of the county, by
two- thirds vote, and a majority of the cities having a majority of the
incorporated population within the county have adopted resolutions
providing for the establishment of the authority and the imposition of the
fee. The membership of the authority shall be determined by concurrence
of the board of supervisors and a majority vote of the majority of the
cities within the county having a majority of the incorporated population."
(2) Subdivision (b): "The Authority may contract and may undertake any
act convenient or necessary to carry out any law relating to the
authority. The authority shall be staffed by existing city and county
personnel."
2-9 MPH 87.1
(3) Subdivision (c):
(a) Subparagraph (1); "Notwithstanding any other provision of ldw, a
service authority may adopt an ordinance establishing procedures for the
abatement, removal, and disposal as public nuisances, of abandoned,
wrecked, dismantled, or inoperative vehicles or parts thereof from
private or public property; and for the recovery, pursuant to Section
25845 or 38773.5 of the Government Code, or assumption by the service
authority, of costs of administration and that removal and disposal.
The actual removal and disposal of vehicles shall be undertaken by an
entity which may be a city or county or the department (Department of
the California Highway Patrol), pursuant to contract with the service
authority as provided in this Section."
(b) Subparagraph (2); "The money received by an authority pursus. - to
Section 9250.7 and this section shall be used only for abatement,
removal, and disposal as public nuisances of any abandoned, wrecked,
dismantled, or inoperative vehicles or parts thereof from private or
public property."
(4) Subdivision (d):
(a) Subparagraph (1); "An abandoned vehicle abatement program and plan
of a service authority shall be implemented only with the approval of
the county and a majority of the cities having a majority of the
incorporated population."
(b) Subparagraph (2); "The department (Department of the California
Highway Patrol), shall provide guidelines for abandoned vehicle
abatement programs. An authority's abandoned vehicle abatement plan and
program shall be consistent with those guidelines, and shall provide
or, but not be limited to, an estimate of the number of abandoned
,ehicles, a disposal and enforcement strategy including contra—,al
agreements, and appropriate fiscal controls."
(c) Subparagraph (3); "The approved plan shall be submitted to the
department (Department of the California Highway Patrol), by August 1,
1991. The department shall review the plan and make recommendations for
revision, if any, of the plan by October 1, 1991. The service authority
shall submit the plan, as revised, to the department and, if determined
by the department to be consistent with the guidelines, shall submit the
plan to the Controller by the following January 1. Except as provided
in subdivision (e), the Controller shall make no allocations for a
calendar year to a service authority for which an approved plan was not
received before January 1 of that year."
(5) Subdivision (e): "Any approved plan which was adopted by the
authority pursu!;It to subdivision (d) may be revised pursuant to the
procedure press ibed in subdivision (d), including compliance with any
HPH 87.1 2 -10
dates described therein for submission to the department (Department of
the California Highway Patrol) and the Controller, respectively, in the
year in which the revisions are proposed. Compliance with that procedure
shall only be required if the revisions are substantial. A service
authority which is newly formed and has not complied with subdivision (d)
may so comply after the dates specified in subdivision (d) by submittitig
an approved plan on or before those dates in the year in which the plan is
submitted."
(6) Subdivision (f): "A service authority shall cease to exist on the
date that all revenues received by the authority pursuant to this section
and Section 9250.7 have been expended."
19. VEHICLE REMOVAL: RELEASE TO OIMER.
a. CVC Section 22850.3.
(1) Subdivision (a): "A vehicle placed in storage pursuant to Section
22850 shall be released to the owner or person in control of the vehicle
only if the owner or person furnishes, to the law enforcement agency or
employee who placed the vehicle in storage, satisfactory proof of current
vehicle registration. In lieu of obtaining proof of current registration,
the agency which caused the vehicle to be stored may, in its discretion,
issue a notice to appear for the registration violation."
(2) Subdivision (b): "At every storage facility there shall be placed in
a conspicuous place a notice to the effect that a vehicle placed in
storage pursuant to Section 22850 may be released only on proof of current
registration or, in the absence of that proof, upon the issuance of a
notice to appear for the registration violation by the local agency which
caused the vehicle to be stored, specifying the name and telephone number
of that local agency."
20. LIEN OR STORED VEHICLE.
a. CVC Section 22851.
(1) Subdivision (a): "Whenever a vehicle has been removed to a garage
under this chapter and the keeper of the garage has received the notice or
notices as provided herein, the keeper shall have a lien dependent upon
possession for his or her compensation for towage and for caring for and
keeping safe the vehicle for a period not exceeding 60 days or, if an
application for an authorization to conduct a lien sale has been filed
pursuant to Section 3068.1 of the Civil Code within 30 days after the
removal of the vehicle to the garage, 120 days and, if the vehicle is not
recovered by the owner within that period or the owner is unknown, the
keeper of the garage may satisfy his or her lien in the manner prescribed
2 -11 HPH 87.1
in this article. The lien shall not be assigned. Possession of the
vehicle is deemed to arise when the vehicle is removed and is in transit."
(2) Subdivision (b): "No lien shall attach to any personal property in
or on the vehicle. The personal property in or on the vehicle shall be
given to the registered owner or the owner's authorized agent upon
demand. The lienholder shall not be responsible for property after any
vehicle has been disposed of pursuant to this chapter."
21. DISPOSITION OF ABANDONED LOW- VALUED VEHICLES.
a. CVC Section 22851.3.
(1) "Whenever a peace officer, as defined in Chapter 4.5 (commencing with
Section 830) of Title 3 of Part 2 of the Penal Code, or any other employee
of a public agency authorized pursuant to Section 22669, removes, or
causes the removal of, a vehicle pursuant to Section 22669 and the public
agency or, at the request of the public agency, the lienholder determines
the estimated value of the vehicle is three hundred dollars ($300) or
less, the public agency which removed, or caused the removal of, the
vehicle shall cause the disposal of the vehicle under this section,
subject to all of the following requirements:"
(a) Subdivision (a): "Not less than 72 hours before the vehicle is
removed, the peace officer or authorized public employee has securely
attached to the vehicle a distinctive notice which states that the
vehicle will be removed by the public agency. This subdivision does not
apply to abandoned vehicles removed pursuant to subdivision (d) of
Section 22669 which are determined by the public agency to have an
estimated value of one hundred dollars ($100) or less."
(b) Subdivision (b): "Inunediately after removal of th vehicla, the
public agency which removed, or caused the removal of, the vehicle shall
notify the Stolen Vehicle System of the Department of Justice in
Sacramento of the removal."
(c) Subdivision (c): "The public agency which removed, or caused the
removal of, the vehicle or, at the request of the public agency, the
lienholder shall obtain a copy of the names and addresses of all persons
having an interest in the vehicle, if any, from the Department of Motor
Vehicles either directly or by use of the California Law Enforcement
Telecommunications System. This subdivision does not require the public
agency or lienholder to obtain a copy of the actual record on file at
the Department of Motoc Vehicles."
(d) Subdivision (d): "Within 48 hours of the removal, excluding
weekends and holidays, the public agency which removed, or caused the
removal of, the vehicle, or at the request of the public agency, the
HPH 87.1 2 -12
lienholder shall send notice to the registered and legal owners at their
addresses of record with the Department of Motor Vehicles, and to any
other person known to have an interest in the vehicle. A notice sent by
the public agency shall be sent by certified or first -class mail, and a
notice sent by the lienholder shall be sent by certified mail. The
notice shall include all of the following information:"
1 Subparagraph (1): "The name, address, and telephone number of the
public agency providing the notice."
2 Subparagraph (2): "The location of the place of storage and
description of the vehicle which shall include, if available, the
vehicle nuke, license plate number, vehicle identification number, and
mileage."
3 Subparagraph (3): "The authority and purpose for removal of the
vehicle."
4 Subparagraph (4): "A statement that the vehicle will be disposed
of 15 days from the date of the notice."
5 Subparagraph (5): "A statement that the owners and interested
persons, or their agents, have the opportunity for a poststorage
hearing before the public agency which removed, or caused the removal
of, the vehicle to determine the validity of the storage if a request
for a hearing is made in person, in writing, or by telephone within 10
days from the date of notice; that, if the owner or interested person,
or his or her agent, disagrees with the decision of the public agency,
the decision may be reviewed pursuant to Section 11523 of the
Government Code; and that during the time of the initial hearing, or
during the time the decision is being reviewed pursuant to Section
11523 of the Government Code, the vehicle in question shall not be
disposed of."
(e) Subdivision (e):
1 Subparagraph (1): "Any requested hearings shall be conducted
within 48 hours of the request, excluding weekends and holidays. The
public agency which removed the vehicle may authorize its own officers
to conduct the hearing if the hearing officer is not the same person
who directed the storage of the vehicle."
2 Subparagraph (2): "Failure of either the registered or legal owner
or interested person, or his or her agent, to request or to attend a
scheduled hearing shall satisfy the poststorage validity hearing
requirement of this Section."
(f) Subdivision (f): "The public agency employing the person, or
utilizing the services of a contractor or franchiser pursuant to
2 -13 HPH 87.1
subdivision (b) of Section 22669, which removed, or caused the removal
of, the vehicle and which directed any towing or storage, shall be
responsible for costs incurred for towing and storage if it is
determined in the hearing that reasonable grounds to believe that the
vehicle was abandoned are not established."
(g) Subdivision (g): "No authorization for disposal may be issued by
the public agency which removed, or caused the removal of, the vehicle
to a lienholder who is storing the vehicle prior to the conclusion of a
requested poststorage hearing or any judicial review of that hearing."
(h) Subdivision (h): "if, after 15 days from the notification date,
the vehicle remains unclaimed and the towing and storage fees have not
been paid, and if no request for a posLsLorage hearing was requested or
a pos'stovage hearing was not attended, the public agency which removed,
or ca ad the removal of, the vehicle shall provide the lienholder who
is sL�:ing the vehicle, on a form approved by the Depar_:7ent of MoLov
Vehicles, authorization to dispose of the vehicle. The lienholder may
request the public agency to provide the authorization to dispose of the
vehicle."
(i) Subdivision (i): "If the vehicle is claimed by the owner or his or
her agent within 15 days of the notice date, the lienholder who is
storing the vehicle may collect reasonable Lees for services rendered,
but may not collect lien sale fees as provided in Section 22851.12."
(j) Subdivision (j): "Disposal of the vehicle by the lienholder who is
storing the vehicle may only be to a licensed dismantler or scrap iron
processor. A copy of the public agency's authorization for disposal
shall be forwarded to the licensed dismantler within five days of
disposal to a Licensed dismantler. A copy of the publi.- agency's
authorization for disposal shall be retained by the lie- .older who
stored the vehicle for a period of 90 days if the vehicle is disposed of
to a scrap iron processor."
(k) Subdivision (k): "if the names and addresses of the registered and
legal owners of the vehicle are not available from the records of the
Department of Motor Vehicles, either directly or by use of the
California Law Enforcement Telecommunication System, the public agency
may issue to the lienholder who stored the vehicle an authorization for
disposal at any time after the removal. The lienholder may request the
public agency to issue an authorization for disposal after the
lienholder ascertains that the names and addresses of the registered and
Legal owners of the vehicle are not available from the records of the
Department of Motor Vehicles either directly or by use of the California
Law Enforcement Teleconmunication System."
HPH 81.1 2 -14
(1) Subdivision (1). "A vehicle disposed of pursuant to this sectiun
shall not be reconstructed or made operable, unless it is a vehicle
which qualifies for either horseless carriage license plates or
historical vehicle license plates, puvsuanL to Section 5004, in which
case the vehicle may be reconstructed or made operable."
22. APPRAISERS.
a. CVC Section 22855.
(1) "The following persons shall have the authority to make appraisals of
the value of vehicles for the purposes of this chapter, subject to the
conditions stated in this chapter:"
(a) Subdivision (a): "Any member of the California Highway Patrol
designated by the commissioner."
(b) Subdivision (b): "Any regularly employed and salaried deputy
sheriff or other employee designated by the sheriff of any county."
(c) Subdivision (c): "Any regularly employed and salaried police
officer or other employee designaLed by the chief of police of any city."
(d) Subdivision (d): "Any officer or employee of the Department of
Motor Vehicles designated by the director of the department."
(e) Subdivision (e): "Any member of the California State Police
designated by the chief thereof."
(f) Subdivision (f): "Any regularly employed and salaried police
officer or other .employee of the University of California Police
DepactmenL designated by the chief thereof."
(g) Subdivision (g): "Any regularly salaried employee of a city,
county, or city and county designated by the board of supervisors or a
city council pursuant to subdivision 4 a) of Section 22669."
(h) Subdivision (h): "Any regularly employed and salaried police
officer or other employee of the police department of a California State
University designated by the chief thereof."
(i) Subdivision (i). "Any regularly employed and salaried security
officer or other employee of a transit district security force
designated by the chief thereof."
(j) Subdivision (j): "Any regularly employed and salaried peace
officer or other employee of the Department of Parks and Recreation
designated by the director of that department."
2 -15 HPH 87.1
a
23. ABATEMENT OF NUISANCE ORDINANCE TO ESTABLISH PROCEDURE.
FAILURE TO PAY COSTS• SPECIAL ASSESSMENT AGAINST PARCEL; COLLECTION;
NOTICE OF ABATEMENT LIEN: RECORDATION: EFFECT.
a. California Government Code (CGC) Section 25845.
(1) Subdivision (a): "The board of supervisors, by ordinance may
establish a procedure for abatement of a nuisance. The ordinance shall,
at minimum, provide that the owner of the parcel, and any one known to the
board of supervisors to be in possession of the parcel, be given notice of
the abatement proceeding and an opportunity to appear before the board of
supervisors and be heard prior to the abatement of the nuisance by the
county. However, nothing in this section prohibits the summary abatement
of a nuisance upon ord -u of the board of supervisors, or upon order of any
county officer auLhovi:ed by law to summarily abate nuisances, if the
board or officer determines that the nuisance constitutes an immediate
threat to public health or safety..'*
(2) Subdivision (b): "If the owner fails to pay the costs of the
abatement upon demand by the county, the board of supervisors may order
the cost of the abatement to be specially assessed against the parcel,.
The assessment may be collected at the same time and in the same manner as
ordinary county taxes are collected, and shall be subject to the same
penalties and the same procedure and sale in case of delinquency as are
provided for ordinary county taxes. All laws applicable to, the levy,
collection, and enforcement of county taxes are applicable to the special
assessment."
(3) Subdivision (c): "If the board of supervisors specially assesses Lila
cost of the abatement against the parcel, the board may also cause a
notice of abatement lien to be recorded. The notice shall, at a minimum,
identify the record owner or possessor of property, set forth a last
known address of Lila record owner or possessor, set forth the .ate upon
which abatement of the nuisance was ,vdered by the board of supervisors
and the date the abatement was complete, and include a description of the
real property subject to lien and the amount of the abatement cost."
(4) Subdivision (d): "However, if the board of supervisors does not
cause the recordation of a notice of abatement lien pursuant to
subdivision (c), and any real property to which the costs of abatement
relates has been transferred or conveyed to a bona fide purchaser for
value, or a lien on a bona fide encumbrancer for value has been created
and attaches to that property, prior to the date on which the first
installment of county taxes would become delinquent, then the cost of
abatement shall not result in a lien against real property but shall be
transferred to the unsecured roll for collection."
HPH 87.1 2 -16
(5) Subdivision (e): "Recordation of a notice of abatement lien pursuant
to subdivision (c) has the same effect as recordation of an abstract of a
money judgment recorded pursuant to Article 2 (conunencing with Section
697.310) of Chapter 2 of Division 2 of Title 9 of Part 2 of the Code of
Civil Procedure. The lien created has the same priority as a judgment
lien on real property and continues in effect until released. Upon order
of the board of supervisors, or any county officer authorized by the board
of supervisors to act on its behalf, an abatement lien created under this
section may be released or subordinated in the same manner as a judgment
lien on real property may be released or subordinated."
(6) Subdivision (f): "In counties with a population of 6,000,000 or
more, the board of supervisors may delegate the hearing required by
subdivision (a), prior to abatement of a public nuisance, to a hearing
board designated by the board of supervisors. The hearing board shall
make a written recommendation to the board of supervisors. The board of
supervisors may adopt the recommendation without further notice of
hearing, or may set the matter for a de novo hearing before the board of
supervisors."
24. SECOND OR SUBSEQUENT CIVIL OR CRIMINAL JUDGMENT: ABATEMENT OF NUISANCE-
TREBLE DAMAGES.
a. CGC Section 25845.5.
(1) "The board of supervisors, by ordinance, may provide that upon entry
of a second or subsequent civil or criminal judgment within a two -year
period finding that an owner of property is responsible for a condition
that may be abated in accordance with an ordinance enacted pursuant to
Section 25845, except for conditions abated pursuant to Section 17980 of
the Health and Safety Code, the court may order the owner to pay treble
the costs of the abatement."
25. NUISANCE_ ABATEMENT LIEN: ORDINANCE; PROCEDURES; FEES.
ol
a. CGC Section 38773.1.
(1) Subdivision (a): "The legislative body may by ordinance establish a
procedure to collect abatement related administrative costs by a nuisance
abatement lien. This ordinance shall require notice prior to the
recordation of the lien to the owner of record of the parcel of land on
which the nuisance is maintained, based on the last equalized assessment
roll or the supplemental roll, whichever is more current."
(2) Subdivision (b): "The notice shall be served in the same manner as a
summons in a civil action in accordance with Article 3 (commencing with
Section 415.10) of Chapter 4 of Title 5 of part 2 of the Code of Civil
2 -17 HPH 87.1
i
Procedure. I£ the owner of record, afLer diligent search cannot be
found,the notice may be served by posting a copy thereof in a conspicuous
place upon the property for a period of 10 days and publication Lheveof in
a newspaper of general circulation published in the county in which the
property is located pursuant to Section 6062."
(3) Subdivision (c): "A nuisance abatement lien shall be recorded in the
county recorder's office in the county in which the parcel of land is
located and from the date of recording shall have the force, effecL, and
priority of a judgment lien."
(a) Subparagraph (1)
Section shall specify
whose behalf the lien
street address, legal
the lien is imposed,
the parcel."
. "A nuisance abatement lien authorized by this
the amount of the lien, the name of the agency on
is imposed, the date of the abatement order, 'he
desct.Lion and assessor's parcel i ber on wuich
ind th.. :ame and address of the recc �d owner of
(b) Subparagraph (2) : "In the event LhaL the lien is discharged,
released, or satisfied, either Lhrough payment or foreclosure, notice of
discharge containing the information specified in paragraph (1) shall be
recorded by the governmental agency. A nuisance abatement lien and the
release of the lien shall be indexed in the grantor- grantee index."
(c) Subparagraph (3) : "A nuisance abatement lien may be foreclosed by
an action brought by the city for money judgment."
(d) Subparagraph (4) : "Notwithstanding Section 6103, Section 27383,
or any other provision of law, the county recorder may impose a fee on
the city to reimburse the costs of processing and recording the lien and
providing notice to the property owner. A city may recover from the
property owner any costs incurred regarding the processing and recording
of the lien and providing notice to the property owner as part of its
foreclosure action to enforce the lien."
26. ESTABLISHHENT OF PROCEDURE FOR ABATEMENT OF NUISANCE• COST OF ABATEMENT__
AS SPECIAL ASSESSME14T AGAINST PARCEL: CONDITION HAKING COST NOT A LIEN.
a. CGC Section 38773.5.
(1) "As an alte native to the proceaure autnorizea ov jo =,
the legislative body may by ordinance establish a procedure for the
abatement of a nuisance and make the cost of abatement of a nuisance upon
a parcel of land a special assessment against that parcel. The assessment
may be collected at the same time and in the same manner as ordinary
municipal taxes are collected, and shall be subject to the same penalties -
and the same procedure and sale in case of delinquency as provided for
ordinary municipal taxes. All laws applicable to the levy, collection ar:
HPH 87.1 2 -18
enforcement of municipal taxes shall be applicable to the special
assessment. However, if any real property to which the cost of abatement
relates has been Lvansferred or conveyed to a bona fide purchaser Cov
value, or if a lien of bona fide encumbrancer for value has been created
prior to the date on which the first installment of taxes would become
delinquent, then the cost of abatement shall not result in a lien against
the real property but instead shall be transferred to the unsecured roll
for collection. Notices or instruments relating to the abatement
proceeding or special assessment shall be entitled to recordation."
27. SECOND OR SUBSEQUENT CIVIL OR CRIHINAL JUDGHEUT; ABATEHENT OF NUISANCE:
TREBLE DAHAGES.
a. CGC Section 38773.7.
(l) "The legislative body, by ordinance, may provide that upon entry of a
second or subsequent civil or criminal judgment within a two -year period
finding an owner of property is responsible for a condition that may be
abated in accordance with an ordinance enacted pursuant to 38773.5, except
for condlLloas abated pursuant to Section 17980 of the Health and Safety
Code, the court may order the owner to pay treble the costs of the
abatement."
2 -19 HPH 87.1
CHAPTER 3
REQUIREMENTS FOR PARTICIPATING SERVICE AUTHORITIES
1. GEtiERAL REQUIREMENTS.
a. Establishment of a Service Authority. Section 22710 of the California
Vehicle Code states that a Service Authority for the abatement of abandoned
vehicles may be established in any county if the board of supervisors of the
county and a majority of the cities having a majority of the incorporated
population within the county have adopted resolutions providing for the
establishment of the authority and the imposition of the vehicle
registration fee.
b. Service Fee. Section 9250.7 of the California Vehicle Code states that
a Service Authority established pursuant to the provisions of Section 22710
may impose a fee of one dollar ($I) on vehicles registered to an owner with
an address in the county which established the Service Authority.
(1) The fee shall be paid to the Department of Motor Vehicles at the time
of registration, or renewal of registration, or when renewal becomes
delinquent, on or after January 1, 1992. Vehicles that are expressly
exempted from the payment of registration fees under the provisions of the
California Vehicle Code are exempted from the requirement to pay the fee.
(2) The fee imposed by a Service Authority will remain in effect for a
period of five years after the date the Authority is established.
(3) The Department of Motor Vehicles will deduct its administrative costs
from the fees and transmit the net amount collected to the Treasurer, at
Least quarterly, for deposit in the Abandoned Vehicle Trust Fund which was
created by this legislation.
c. Abandoned Vehicle Trust Fund. All money in the fund is continuously
appropriated to the State Controller for allocation to a Service Authority
which has an approved Abandoned Vehicle Abatement Program (Plan) as required
by the provisions of Section 22710.
(1) The State Controller will deduct administrative costs from the funds.
(2) The State Controller will allocate the money in the Abandoned Vehicle
Abatement Trust Fund to each participating Service Authority in proportion
to the revenues received from the fee imposed by that Service Authority.
d. Membership. Section 22710 of the California Vehicle Code states that
the membership of the Authority shall be determined by concurrence of the
board of supervisors and a majority vote of the cities within the county
having a majority of the incorporated population.
3 -1 HPH 87.1
e. Service Authority g_ taffing. The Service Authority shall be staffed by
existing county and city personnel.
(1) "Existing personnel" means those persons employed by the county or
city prior to establishment of the Service Authority.
(2) This indicates that personnel who are hired after the establishment
of the Service Authority cannot be funded through monies disbursed from
the Abandoned Vehicle Abatement Trust Fund.
f. Authorizations Granted to the Service Authority. Section 22710
authorizes the Service Authority to do the following:
(1) The Service Authority may contract and undertake any act convenient
or necessary to carry out any law relating to the Authority.
(2) Notwithstanding any other provision of law, a Service Authority may
adopt an ordinance establishing procedures for the abatement, removal, and
disposal as public nuisances, of abandoned, wrecked, dismantled, or
inoperative vehicles or parts thereof from private or public property; and
for the recovery, pursuant to Section 25845 or 38773.5 of the Government
Code, or assumption of costs of administration, removal and disposal.
g. Actual Removal and Disposal of Vehicles. Section 22710 requires that
the actual removal and disposal of vehicles be undertaken by an entity which
may be a county or city cc the Department of the California Highway Patrol,
pursuant to a contract with the Service Authority.
(1) This would include subcontracting for towing, dismantling and
disposal services when necessary.
h. Authorized Expenditures. The money received by a Service Authority
pursuant to Sections 22710 and 9250.7 shall only be used for the abatement,
removal, and disposal as public nuisances of any abandoned, wrecked,
dismantled, or inoperative vehicles or parts thereof from private or public
property.
(1) This includes all expenses related to the abatement, removal and
disposal of the vehicles specified in paragraph h. above, but excludes
costs prohibited by those expressly prohibited in paragraph e.,
subparagraph (2) of this chapter.
i. Approval of the Service Autnority s Avanuunnu vulll LC nvC
and Plans. The following are requirements relating to approval of a Service
Authority's Abandoned Vehicle Abatement Programs and Plans:
(1) A Service Authority's Abandoned Vehicle Abatement Program and Plan
shall be implemented only with the approval of the Department of the
HPH 87.1 3 -2
California Highway Patrol and with the approval of the county and a
majority of the cities having a majority of the incorporated population.
(2) The Department of the California Highway Patrol shall provide
guidelines for Abandoned Vehicle Abatement Programs and Plans, and the
Service Authorities Abandoned Vehicle Abatement Programs and Plans shall
be consistent with those guidelines.
(3) Once the Service Authority's Program and Plan has been approved by
the county and the required cities having a majority of the incorporated
population, the Authority shall submit the Program and Plan to the
Department of the California Highway Patrol for approval.
(4) The approved Program and Plan shall be submitted to the Department of
the California Highway Patrol by August 1, 1991 or before August 1, in the
year that the Service Authority was formed. During the 1991 calendar
year, the August 1 deadline may be adjusted to compensate for the delays
caused by the development of the necessary guidelines.
(5) The Department of the California Highway Patrol shall review the
Program and Plan and make recommendations for revisions, if necessary, by
October 1, 1991, or by October 1 of the year that the Service Authority
was formed.
(6) The Service Authority shall submit the Program and Plan, as revised,
to the Department of the California Highway Patrol, and if it is
determined that it is consistent with the guidelines, the California
Highway Patrol shall submit the approved Program and Plan to the State
Controller by the following January 1.
(7) Any approved Program or Plan which was adopted by the Service
Authority as required may be revised pursuant to the procedures described
above, including 'compliance with the required submission dates for
submission to the California Highway Patrol and the State Controller,
respectively, in the year in which the revisions are proposed. However,
compliance with this procedure will only be required if the revisions are
substantial.
j. Disbursement of Funds by the State Controller. Except for service
authorities which have revised their Program and Plan as described in
subparagraph (6) above, the State Controller shall not allocate funds to a
Service Authority for a calendar year in which an approved Program or Plan
was not received before January 1, of that year.
k. Cessation of the Existence of a Service Authority. A Service Authority
shall cease to exist on the date that all revenues received by the Authority
pursuant to Sections 22710 and 9250.7 have been expended.
3 -3 HPH 87.1
2. GUIDELINES FOR THE DEVELOPHENT OF ABANDONED VEHICLE ABATEMENT PROGRAMS AND
PLANS.
a. Abandoned Vehicle Abatement Plan Content Statement. The Abandoned
Vehicle Abatement Programs and Plans developed by service authorities
established pursuant to Section 22710 shall, at minimum, contain the
following:
(1) Required Resolutions. Copies of the following required resolutions
shall be submitted as part of the Service Authority's approved Abandoned
Vehicle Abatement Program and Plan:
(a) A copy of the resolutions providing for the establishment of the
Service Authority, including identification of its membership, and the
imposition of the one dollar ($I) registration fee pursuant to the
requirements of subdivision (a) of Section 22710 and subdivision (a) of
Section 9250.7.
(b) A copy of the required resolution of approval of the Service
Authority's Abandoned Vehicle Abatement Program and Plan, as required by
subparagraph (1) of subdivision (d) of Section 22710.
(c) A copy of resolutions approving revisions to a previously approved
Abandoned Vehicle Abatement Program and Plan as specified in subdivision
(e) of Section 22710, if applicable.
(2) Estimate of the Number of Abandoned Vehicles. The approved Abandoned
Vehicle Abatement Program and Plan shall include an estimate of the number
of abandoned vehicles located within the county serviced by the Service
Authority, as required by subparagraph (2) of subdivision (d) of Section
22710.
(3) Copies of Ordinances. The approved Abandoned Vehicle Abatement
Program and Plan shall include copies of the.ordinances which may be
established pursuant to subparagraph (1) of subdivision (c) of Section
22710.
(a) Includes the ordinance establishing procedures for the abatement,
removal, and disposal as public nuisances, of abandoned, wrecked,
dismantled, or inoperative vehicles or parts thereof from private or
public property.
1 Any such ordinance shall meet all of the requirements of Section
22660 and 22661 of the Vehicle Code.
2 May adopt an existing ordinance which meets all the requirements of
Section 22660 and 22661 of the Vehicle Code.
(b) Includes the ordinance(s) developed for recovery, pursuant to
Section 25845 or 38773.5 of the Government Code, or assumption by the
Service Authority, of costs of administration and removal and disposal.
HPH 87.1 3 -4
(4) Disposal and Enforcement Strategy. The approved Abandoned Vehicle
Abatement Program and Plan shall include an enforcement and disposal
strategy.
(a) The enforcement strategy should include enforcement of Section
22523 of the Vehicle Code and local ordinances adopted for the purposes
of abatement, removal, and disposal as public nuisances, of abandoned,
wrecked, dismantled, or inoperative vehicles or parts thereof from
private or public property.
(b) The statutory authority to remove abandoned vehicles from highways
or private or public property may properly be Section 22669 of the
Vehicle Code or a local ordinance adopted for the purposes of abatement,
removal, and disposal as public nuisances, of abandoned, wrecked,
dismantled, or inoperative vehicles or parts thereof from private or
public property.
(c) The disposal strategy may be in accordance with the provisions of
Section 22662 of the vehicle code or by contractual agreement(s) with a
licensed auto dismantler or scrap iron processor, in accordance with the
provisions of Section 22851.3 of the Vehicle Code.
(5) Cost Recovery Strategy. The approved Abandoned Vehicle Abatement
Program and Plan shall include a cost recovery strategy.
(a) This includes a strategy for recovery of costs associated with the
administration, removal and disposal of vehicles or parts thereof abated
from private or public property. This may be accomplished through
strategies related to the provisions of Section 22523 of the Vehicle
Code, or Section 25845 or 38773.5 of the Government Code.
(6) Contractual Agreements. The approved Abandoned Vehicle Abatement
Program and Plan shall ic::lude copies of any contractual agreements that
the Service Authority has entered into in order to carry out the law
relating to the Service Authority.
(a) This includes contracts with a county or city or the Department of
the California Highway Patrol for the actual removal or disposal of
vehicles.
(b) This includes contractual agreements with providers of towing and
storage services, automobile dismantlers, or scrap iron processors.
(7) Appropriate Fiscal Controls. The approved Abandoned Vehicle
Abatement Program and Plan shall include measures ensuring proper fiscal
controls. The controls shall include, but are not limited to the
following:
(a) Heasures for accounting for the gross amount of funds that the
Service Authority received from the Abandoned Vehicle Trust Fund.
3_5 HPH 87.1
(b) Measures for an itemized accounting for the Abandoned Vehicle Trust
Fund monies expended by the Service Authority.
(c) Heasuves for accounting for the total number of vehicles or parts
thereof abated as a result of the Service Authority's abatement, removal
and disposal efforts.
(d) Measures for conducting internal audits by the Service Authority.
The internal audits shall be conducted at least quarterly.
3. REPORTING REOUIREHENTS.
a. Report to the Legislature. The Department of the California Highway
Patrol shall prepare a report to the Legislature by January 1, 1996. The
report shall rate the effectiveness of the Abandoned Vehicle Abatement
Programs conducted pursuant to Sections 9250.7 and 22710 of the Vehicle Code.
b. Quarterly Reports to Clip. In order to meet its obligation, the
Department of the California Highway Patrol requests that each Service
Authority, established pursuant to the provisions of Sections 9250.7 and
22710 of the Vehicle Code, submit on a quarterly basis data relative to the
operation of its Abandoned Vehicle Abatement Program. The report should
contain the following information:
(1) The gross amount of money received by the Service Authority from the
Abandoned Vehicle Trust Fund during the quarter and the year to date.
(2) An itemized statement of the Abandoned Vehicle Trust Fund monies
expended by the Service Authority during the quarter and during the year
to date.
(3) An accounting of the total number of vehicles and parts thereof
abated by the Service Authority during the quarter and the year to date.
(4) An assessment of the effectiveness of the Service Authority's
Abandoned Vehicle Abatement Program for the quarter and the year to date.
HPH 87.1 3 -6
AttnchmPnt S`
VEHICLE CODE
VEHICLE CODE § 22710
§ 22705.1. [Repealed by Stats 1980 ch 1111 § 25.1
. ...
Note —So 122$5 M, -
agency; Determination by gars-
§ 22706. [Renumbered § 22671 by Stats 1980 ch 1111 § 26.1
!using the removal of the vehicle
!1e vehicle that has been ordered
§ 22707, [ Repealed by Stats 1980 ch 1111
dollars ($300) or less, over three
Note —See OC 13073.
dollars ($1,000) or less, or over
c a value on, or to estimate the
§ 22710. Establishment of service authority for abatement of abandoned
'ter the date of removal of the
on 22851 or the garage• keeper's
vehicles
(a) A service authority for the abatement of abandoned vehicles may be
ary, if the estimated value of the
cstabiishtd, and a one dollar ($I)'vel7icte registration fee imposed, in any
if the board of supervisors of the county, by a two-thirdt vote, and a
ved, or stored, is three hundred
dollars ($300) but one thousand
county
majority of the cities having a majority of the incorporated population
I dollars ($1,000).
within the county have adopted resolutions providing for the estabGshmrnt
1 § 4. ch 1381 11. Amended Stags 1987 eh
of the authority and imposition of the fee. The membership of the authority
board of aupervisora and a
• -
-
shall be . dctermirted by concurrence of the
majority vote of the majority of the cities within the county having a
1,000)^ for 'Tthme hundred dollars (s300)"
majority of the incorporated population.
: second ana•thud paragraphs. (All amended
(b) The authority may contract and may undertake an act convenient o
°` to 1984.76 This soeuon w.. aten amended
necessary to carry out any law relating to the authorlty.lThe authority shall
or lat. aver three hundred dollars
be staffied by existing county and city personnel.1
1m (S100)•• to the ansecond t and s
7Lts section shall remain in effect
(o) (1) Notwithstanding any other provision of law, a service authority may
for the abatement, removal, and
_
d• unlm s Law aacted stature, which is
adopt an ordinance establishing procedures
disposal as public nuisances, of abandoned, wrecked, dismantled, or inopera-
7 that date is not deleted or eatendad, then,
five- vehicles or arts thereof from private or public r0 and for the
P P P property,
,c Government Coda Station 22670 d' the
Statutes of 1980, sW have the same force
recovery, pursuant to Section 25845 or 38973.5 of the Government Code, or
that
assumption by the service authority, of costs of administration and
removal and disposal of vehicles shall be
removal and disposal. The actual
undertaken by an entity which may be a county or city or the department,
to contract with the service authority as provided in this section.
pursuant
(2) The money received by an authority pursuant to Sidon 9250.7 end this
e or execute a contract for the
section &hail be used only for the abatement, removal, and disposal as Public
or inoperative vehicles or
cc with the provisions of this
nuisances of any abandoned, wrecked, dismantled,
parts thereof from private or public property._., a
(d) (1) An abandoned vehicle abatement program and plan of a e
.Tand
be implemented only with the approval of the county and a�
authority shall
C of the cities having a majority of the incorporated population.
ch 1111 § 20.]
(2) The, department shall provide guidelines for abandoned vehicle abate -
and
Sy Stats 1980 ch 1111 § 21.1
ment programs. An authority's abandoned vehicle abatement Plan
be consistent with those guidelines, and shall provide for, but
program shrill
not be limited to, an estimate of the number of abandoned vehicles, a
§ 38, effective September 30,
disposal and enforcement strategy including contractual agreements,, and
Stats 1980 ch 1 111 § 22, ch
rative January 1, 1981.1
_ appropriate fiscal controls.
§ (3) The approved plan shall be submitted to the department by August 1,
} 1991. The department shall review the plan and make recommendations for
]
revision, if any, of the plan by October 1, 1991. The service authority shall
by the
'—d vehicles. -
submit the plan, as revised, to the department and, if determined
department be with the guidelines, shall submit the to the
..,:;„:;,:.• . , .;.::,, , ,.;:.,..
, to consistent ivis
Controller by the following January 1. Except as provided is subdivision (e),
Stats 1980 ch 1111 § 24.]
67
14 vac weal
(. von Bodo .. .
.;.:
22710
the Controller shall make no allocations for a calendar year to a servits
authority for which an approved plan was not received on or before January
1 of that year.
(e) Any approved plan which was adopted by the authority pursuant to
subdivision (d) may be revised. pursuant to the procedure prescribed in
subdivision (d), including compliance with any dates described therein far
submission to the department and the Controller, respectively, in the year in
which the revisions are proposed. Compliance with that procedure shall only.
be required if the revisions are substantial. A service authority which, is'
newly formed and has not complied with subdivision (d) may so comply
after the dates specified in subdivision (d) by submitting an approved plan.
on or before those dates in the year in which the plan is submitted.
(f) A service authority shall cease to exist. on the date that all revenues
received by the authority pursuant to this'sectioa and Section 9230.1 have
been expended. i..
Added State 1990 ah 16x416 (AB 4114):: ,••_;- .�-
Pwmw Sectlow Pormm f 22710, similar to the peeemt section, vial amended State 1911 ch 943 f 3 1
and tt paled State 1990 c6 1694; 5 (AB 4114)\ -
Nota -For repon to Isgalatum and kaiskum findings and decL&mdona, soo tha 19% note following :
Vale C ✓i 22663. r'
!
ARTICLB 2 r
Vehicle Disposition 5,1
[no heading of Article 3, conaating of if 22850. 22956, was renumbered Article 2 State 1960
ch 11 l l 4 28. The heading of former Article 2 was repealed Slats 1930 ch .I I I 1 1 191
. r ca) Sur 3d (Rae) Garages, Sepia Sladopa, and Parkins Psu lIAM 6 39 . • , ,; .:, _
cawbn a Mghway Patrol is liable tar deatga for towing and storing vehlaln that •sun (1) left
unattended on Rau highway V subsequent deteemh atiw cows no probable awe for 1m romoeal. (2)
seised pursuant to ► warned or (3) timid for a&egsd altaod wenudatlm numbers it lea of ahmaaw is .
Lability for lass of automobile left at partiing to Or garage• 13 ALR4th 362.: l.:1 L : : : : :. : :; fix.. •. : :..
Liability for damage to automobile left in parking lot or saras► l3 A1.R4th 44L;..'
.. ...I•... � {... \x.11, _ if •i - : :�'t t w .'iAt' -V ! }.' ..
§ 22850.3. Conditions for relesse of vehicle; Notice. at storage facility (a)
A vehicle placed. in storage pursuant to Section
22850 shall be released
to the owner or person in control of the vehicle only if the owner or person
furnishes, to the law enforcement agency or employee who• placed the
vehicle in storage, satisfactory proof of current vehicle registration. in lieu.
of. obtaining proof of* Current registration, the agency which caused the
vehicle to be owed may, in its discretion, issue a notice to appear,for the
registration violation.,
(b) At every storage facility there &hall be posted in a conspicuous place a
notice to the. effect that a vehicle placed in storage. pursuant to . Section
22850 may be released only on proof of current registration , or, in the
` ... absence of..that proof, upon the issuance of a notice to appear for the
regiatratlou' violation by the local agency which caused the vehicle to be
stored, specifying the name and telephone number of that local agency.
Added Statf 1990 ch 1199 } 1 (A,B 4191)... .. , • - ; , ", r , t . t '. ^'
§ 22851. Lien on stored vehicle i
?,
(a) Whenever a vehicle has been •removed to`&'garage .:seder this chapter and
1 the keeper of the garage has received the notice or notices. as provided
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