Loading...
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: 5384k/0204k JRG:CNK:scc 11/01/91 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 5384k/0204k JRG:CNK:scc 11/01/91 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 5384k/0204k 3 JRG:CNK:scc 11/01/91 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 JRG:CNK:scc 11/01/91 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. 5384k/0204k 5 JRG:CNR:scc 11/01/91 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 JRG:CNR:scc 11/01/91 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 JRG:CNK:SCC 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 JRG:CNK:SCC 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 JRG:CNK:scc 11/01/91 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 JRG:CNK:scc 11/01/91 (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 5384k/0204k 2 JRG:CNK:scc 11/01/91 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. 5384k/0204k 3 JRG:CNK:scc 11/01/91 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 JRG:CNK:scc 11/01/91 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 JRG:CNK:scc 11/01/91 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 Attochmant 4 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. 42. 18. 43. 19. 44. 20. 45. 21. 46. 22. 47. 23. 48. 24. 49. 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 •` 6a � ,.fl r,' cii �/4 t+• '�Vl �; �;"M"a�::"i�a(1 YM Oeaa1 1Y ! r!r O TmroC CTro 0000r ° w O O d C C O wLi y ayi o d � 'p'' GO $ Y � w d C OO m0. m0 ''Lm C'o uL 'DLb L V: w�b� "' >". yuy L•'tl m'v" 0.0 � � m m m � aGi p, m 4 $ E �i yi0.w°. .Y+O�.�Q [ be }� L0..Gm Emro-S =2 E ti 3 C my Y�dCmtiu tl V u Cy,u ay+o �'3av`o 21 m`o :am° >�` �°y3 3m7 °a a�> a m oEL0.� �.�E Q 3Fmmw yosQaw ym4T�N 73axim ^p�y�yYmy3mo W'3Eaum` >KE m�¢ C 7 T .G 7 "� m Y >e C .^ m ' ^OA UW '� m[s„Ty T w. Nam V mm° mC CL y m' ^u�3 uvi 7 w Y m m� O op •O w>L'm > my u C... •+yn m 9> app "u v w O^ E °C F�tl O Y ko^ . ydC Cd . VV VV°om• mw °mde 3yS sy m mT.m E coro C.0 u d C w o .3C w ° ° .01 m O C O u m v a '0 00 p oE m C i c ^r ^ m u COymNNx4C '•'. Y Otm. "fro gyro '� AO¢y'YE Oyu � W$C Hro•Oy^ °Y O U O iL 0. N y N C m p w G 7 O Y y p0 E m c "=w .. N m O co C m y C yw'So'Ev mgmo x �. aEmvvo° Wvo°'Gw =.a ro d mo c m> d s m $ m ws 'w.A am E °" iLv >� �UE v5 v o m� m v 3 rcmU $'m ° �o -. os m mcyx °c ymE mm a Cm3 $owo°mv CLOmLw v E °Q� i° m °x�a8o °�3md E:Z� o�o�o° E v� yoo Amy e ro m T G? o , j 3 Y Ci r O C e°j ^�T, X 7 7 u � .0 �'" T.m..mC O Y m a�i u 6� p O E 6 m� E d roA C C.m C a° Y W m C �.� d m'T m� 61.9 C my E 7�� A TU mo o m m m° m 3 .o o a h yyyw4� o?t� m °a 3 o m a v s ax c o a. OOwGYiOty�q 00>�''a+'00�•�y�C CLyro.00m CCn' C.yOx OOmui'aDb O� m e Y u m" d myFA m tyi $7n .�F�: � mro �yw y[]�A„y,° b'roCrow Cy Ow'��T ONN•O ^3L_,w4y -C aci °OOCamy dm� 60,0�m�0.0 ww �Citl tO,wmv�wu WmCU'Dy Cx Cdy.C.�7. aa C L ro m^ O S'^ �O b m C o pa C G T y OC O Y ym iY `0 .: L m GdL ^SFUdmm ci A cro �FmAa o AYu �! O y mT^ 3 ..i 0... C° ,�Ga •'• v C .^ G o C ro �, C C O °C y ... ... 4"o 1f1 m o y, ° y o 4a m O y y 0 w w A y CO d N m •: .." m ° N �- > Y'Eow'Go" m w O Y G m A O> w w O L� D7 L m w x .+ y G �+ Qs N° .,,, w o A m 7 O) O u 3 o=.5 E w+ 0' 'y Y> O O u `. mo m y W 4) v� O CO we _ a. m m O J G a N_ 7 �•"'L G uC OA O t d O O O ..miv QU A F M °U O C E w.Oa .ti •• w w k d �� w � Co 0 a P. > 'oo'6om�:. '60 'fro �oocE m > a 0 Y s G.°. U o G 3 O ur 7 y m 0.0 u T m m �m O YT7 N O^'� paro m -O° O m p C O Y ^ u m w^ o C t m O C 0..fl m Y d G. C d G .o NU^, 3 3 3 u V] G d a v,W CO C'pA yN° >UN� AVI'^mxUyy10.d ro °U�O�A YU �' O J Y ^L d roy O L.°'^..+� y Y O N mro^ O d N mro W y Y =3"� TOh C•o m t. .^ .L+ Cc, '.7 0. G m� w ENAE3 Nw yw m'um O mom ❑L.W 6 uo HCytl O, 'O .° ro.+N yA >wo v s m u C O �Nm O� O.(�O L' ✓ O w'u C m" N.L+ 0 .Aym.+ G = — o. p F O v� °p°ay m3L mCbO �'C mC�O C ^O >x6awC .° A4 a a.- + .7 yo,> .°m romy ymi Y^6a W.0 C C m Y Of Q` vdo3 ou 'tluV°' 3^ m ;m W�,Y•,'^Yo V 'o a.Vwu `v. u ~.� wcv°.Y, .c4 "ai�,°,ym �v mvCa6ioL �M"'.O^+O•° >° c° u'm'.5vmm '�oEYOO� a ewooiyay yo y'y�Y3.M'Cow� ma�°n. Fmo W a o.- a,ro Evw m" aPi.�'Q9 o+m'w" YE-, y.Yiw Yu C C O Y r >>, N 3' ^" Tw 3 L^ YQ $.. C;tl^,?; N u u Q -F,N o w E. AN dm O'C�p uC0 O L�NFZ1 y �y. ymN a$ .. w A7 uu �uGO t0.0m Gm y m C VI •^ y E m O y'^ O .t+ w'""' 0. vin a, CY G L Od > ..Co .�, Udo •NNu�.^° N.. E m -N ..i w mN ..E E ^y u, YmaC. iNOOc U E < w wo E°OC Lsa w u7L oui� w O s�iOi�� � m >E QO m CF k LE > oo° pO 3pU E T O 'o " tl as » i r YC °'; a ` u LW°Uv UWm wm y,m; s y E o O CO R0 0 0 1 o.mY..m q oa>' m,� c m$ �L o Gym, c oo v v o., Sa o 0LO ii a,^ c4° "o o Yo `b C °s w m.W wm o •p 0. Y m W LYdd m vmmm� -ofz, 0.3W ab t =.0 ="^ L �°'.Jdop^oo >m'a�d mU.". °mo dE�y yA yFo NyoL o,•. aiy oXi¢ C.. °''Sau ., Gu u G t' YL Y m.. Y CL.y. �.. O Ua OA in 0:.. u'O a,= �'^^. •� 10 m m �.Otl F' u'..Aw 1°F m CL •• C°�`� Nom - TYi..ro u C 7 `. q u w m d ti' 7 C d w ^m A Y O o ti L ° Z� m C w O� C cOO•. = a3 v.Ew Gm o.Y+ Gv, w� ro y C ro m w, 4�'.C'.^+'o .., ., w, m or. o 9 15004551 �H 0� i u�a �H �G m c_` �C C� 01