HomeMy WebLinkAboutItem 6.4 Abandoned Vehicles Muni Code
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SUBJECT:
CITY OF DUBLIN
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: September 13, 1993
Public Hearing regarding the revision
of Chapter 6.80 of the Dublin Municipal
Code, Abatement of Abandoned Vehicles
and Resolution No. 89-92, Approving
Establishment of and city of Dublin
Participation in the Alameda countv
Abandoned Vehicle Abatement Author~ty
(Report prepared by Police Services
Staff)
A)!jordinance Amending Chapter 6.80
B)I/Resolution No. 89-92
C)/ Draft Resolution Amending Resolution
No. 89-92
EXHIBITS ATTACHED
RECOMMENDATION
~
1)
2)
3)
4)
5)
6)
7)
Open Public Hearing
Receive Staff Presentation
Receive pUblic Comment
Close Public Hearing
Deliberate
Adopt Resolution
Waive Reading and Introduce
Ordinance
This program will reimburse the city of
DUblin for the abatement of abandoned
vehicles up to $18,335 per year for the
next five years.
DESCRIPTION In 1991, the Dublin city council adopted
Ordinance No. 8-91, An Ordinance of the city of Dublin
Establishing the Abatement of Abandoned Vehicles. This
Ordinance was subsequently incorporated into the Dublin Municipal
Code as Chapter 6.80.
FINANCIAL STATEMENT
Staff has prepared revisions to Chapter 6.80 which are shown in
Exhibit A. Proposed deletions are indicated by 8~rike-e~~ and
proposed additions are indicated by underline.
Section 6.80 of the Dublin Municipal Code sets forth the polic~
and guidelines for the abatement of abandoned vehicles. The Clty
of Dublin is currently participating in the Alameda county
Abandoned Vehicle Abatement Program. The California Highway
Patrol oversees this program and has advised the city that the
existing City ordinance must be revised to include "highways"
which is defined as a way or place of whatever nature, publicly
maintained and open to the use of the public for purposes of
vehicular travel.
Resolution No. 89-92, Approving Establishment of and city of
Dublin Participation in the Alameda county Abandoned Vehicle
Abatement Authority, was passed by the Dublin Cit~ Council on
July 13, 1992. Staff has been advised by the Callfornia Highway
Patrol that Vehicle Code Section 9250.7 cited in the first
para9raph of the resolution is incorrect. This vehicle code
sectlon established the funding source which is the Department of
Motor Vehicles. The correct section is 22710 CVC which
established the service authority.
Exhibit B shows the deleted Vehicle Code section by 8~rike-e~~
and the correct Vehicle qode section by underline.
sta~f recommends that the city Council conduct a pUblic hearing,
dellberate, adopt the amended Resolution and waive the reading
and introduce the Ordinance.
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ITEM NO.
"..if
COPIES TO:
CITY CLERK
FILE ~
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EXHIBIT A
ORDINANCE NO. - 93
ORDINANCE AMENDING CHAPTER 6.80 - DUBLIN MUNICIPAL CODE
ABATEMENT OF ABANDONED VEHICLES
SECTION 1: AMENDING OF SPECIFIC SECTIONS OF CHAPTER 6.80: Chapter
6.80 of the Dublin Municipal Code shall be amended to read as
follows:
I. Section 6.80.010 Declaration of Policy.
The accumulation and storage of abandoned, wrecked, dismantled
or inoperative vehicles or parts thereof on private property
or pUblic property fte~ including streets is hereby found to
create a condition tending to reduce the value of property, to
promote blight and deterioration, to invite plundering, to
create fire hazards, to constitute attractive nuisances
creating hazards to the health, safety and welfare of minors,
to create harborage for rodents and insects and to be
injurious to the public health, safety and general welfare.
Therefore, the presence of an abandoned, wrecked, dismantled
or inoperative vehicle or part thereof on private property or
public property, n6~ including streets, is declared to
constitute a pUblic nuisance which may be abated in accordance
with the provisions of this chapter.
II. section 6.80.20 Definitions
The following definitions shall govern the construction of
this chapter:
"Abandoned vehicle" means any vehicle which has been left on
private property or public property, 6~er-~ft8ft highways, and
in which the owner has no active interest and no intent to
again claim a right or interest.
"Abandoned vehicle" means any vehicle which has been left on
private or public property. or highways. and in which the
owner has no active interest and no intent to again claim a
right or interest.
"Accumulation" means the gathering together of vehicles or
parts of vehicles in quanti ties which are unreasonable in
relation to uses permitted in the zoning district in which
such vehicles or parts of vehicles are gathered together.
"Inoperative vehicle" means a vehicle in such condition that
it e~ther physically or legally cannot be driven upon a street
without:
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1. Installation of a missing part
2. Replacement of a defective part; or
3. Registration and licensing.
"storage" means the keeping of one or more vehicles or one or
more parts of vehicles for a period of time which is
unreasonable in relation to uses permitted in the zoning
district in which such vehicles or parts of vehicles are kept.
"Wrecked vehicle" means a vehicle which has suffered physical
damage to the extent that it either physically or legally
cannot be driven upon a street.
III. Section 6.80.150 Notice to Department of Motor Vehicles.
within five(5) days after abatement and removal, notice shall
be given to the Department of Motor Vehicles identifying the
vehicle or part thereof. Any evidence of registration
available, including, but not limited to, the registration
card, certificates of ownership, and license plans shall be
transmi tted together with such notice. Also, pursuant to
Section 22853 of the Vehicle Code, the De~artment of Justice
must pe advised of the abatement of a veh~cle.
SECTION 2: POSTING OF ORDINANCE: The City Clerk of the city of
Dublin shall cause this Ordinance to be posted in at least three
(3) pUblic places in the city of Dublin in accordance with Section
36933 of the Government Code of the state of California.
PASSED, APPROVED AND ADOPTED this
AYES:
NOES:
ABSENT:
ABSTAIN:
day of
1993.
Mayor
ATTEST:
city Clerk
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EXHIBIT B
RESOLUTION NO. 89-92
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
************************
APPROVING ESTABLISHMENT OF AND CITY OF DUBLIN PARTICIPATION
IN THE ALAMEDA COUNTY ABANDONED VEHICLE ABATEMENT AUTHORITY
WHEREAS section 9~5e~T 22710 of the California Vehicle Code
was amended in 1990 to provide for the establishment of a Service
Authori ty for Abatement of Abandoned Vehicles if the Board of
supervisors of the county and a majority of the cities within the
county having a majority of the incorporated population adopt
resolutions providing for the establishment of the authority; and
WHEREAS the city council of the city of Dublin finds that
abandoned, inoperable, wrecked, dismantled vehicles or parts
thereof pose a health and safety hazard and are found to be pUblic
nuisances; and
WHEREAS the city Council of the City of Dublin finds that an
Abandoned Vehicle Abatement Program is needed to provide for the
proper removal and disposal of abandoned vehicles and assist law
enforcement and code enforcement personnel in abatement of
abandoned vehicles; and
WHEREAS the Alameda county Abandoned Vehicle Abatement
Authority has been established as a membership consisting of (1)
one representative appointed by the legislative body of each of the
participating cities and the County; and
WHEREAS said abatement authority shall have the authority to
receive and appropriate the proceeds resulting from imposition of
a $1 dollar per vehicle registration fee pursuant to the
requirements of subdivision (a) of CVC section 22710 and
subdivision (a) of Section 9250.7
NOW, THEREFORE, BE IT RESOLVED that the city Council of the
city of Dublin hereby requests and authorizes the establishment of
an Abandoned Vehicle Abatement Authority pursuant to the provision
of Section 22710 of the California Vehicle Code.
BE IT FURTHER RESOLVED that the city Council of the City of
Dublin approved and directs that the Alameda County Abandoned
Vehicle Abatement Authority having a membership consisting of (1)
representative appointed by the legislative body of each of the
participating cities and the county shall serve as the Abandoned
Vehicle Abatement Authority; and
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RESOLUTION NO. 89-9Z
Page Two
BE IT FURTHER RESOLVED that the city Council of the city of
Dublin approved the Alameda county Abandoned Vehicle Abatement
Program and a $1 vehicle registration fee to be imposed by the
Alameda County Abandoned Vehicle Abatement Authority.
BE IT FURTHER RESOLVED that the Mayor is authorized to execute
the "Joint Exercise of Powers Agreement for Abatement by Abandoned
Vehicles", a copy of which is attached to the staff report as
Exhibit B.
PASSED APPROVED AND ADOPTED this 13th day of July, 1992,
AYES: Councilmembers Burton, Jeffery, Moffatt and
Mayor Snyder
NOES: None
ABSENT: Councilmember Howard
ABSTAIN: None
Mayor
ATTEST:
City Clerk
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EXHIBIT C
RESOLUTION NO. _ - 93
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
************************
AMENDING RESOLUTION 89-92 walCH APPROVED THE ESTABLISHMENT OF AND
CITY OF DUBLIN PARTICIPATION IN THE AIAMEDA COUNTY ABANDONED
VEHICLE ABATEMENT AUTHORITY
WHEREAS section 22710 of the California Vehicle Code was
amended in 1990 to provide for the establishment of a Service
Authority for Abatement of Abandoned Vehicles if the Board of
supervisors of the county and a majority of the cities within the
county having a majority of the incorporated population adopt
resolutions providing for the establishment of the authority; and
WHEREAS the city Council of the city of Dublin finds that
abandoned, inoperable, wrecked, dismantled vehicles or parts
thereof pose a health and safety hazard and are found to be public
nuisances; and
WHEREAS the city Council of the City of Dublin finds that an
Abandoned Vehicle Abatement Program is needed to provide for the
proper removal and disposal of abandoned vehicles and assist law
enforcement and code enforcement personnel in abatement of
abandoned vehicles; and
WHEREAS the Alameda County Abandoned Vehicle Abatement
Authority has been established as a membership consisting of (1)
one representative appointed by the legislative body of each of the
participating cities and the county; and
WHEREAS said abatement authority shall have the authority to
receive and appropriate the proceeds resulting from imposition of
a $1 dollar per vehicle registration fee pursuant to the
requirements of SUbdivision (a) of CVC Section 22710 and
subdivision (a) of Section 9250.7
NOW, THEREFORE, BE IT RESOLVED that the City Council of the
city of Dublin hereby requests and authorizes the establishment of
an Abandoned Vehicle Abatement Authority pursuant to the provision
of Section 22710 of the California Vehicle Code.
BE IT FURTHER RESOLVED that the city Council of the city of
Dublin approved and directs that the Alameda county Abandoned
Vehicle Abatement Authority having a membership consisting of (1)
representative appointed by the legislative body of each of the
participating cities and the County shall serve as the Abandoned
Vehicle Abatement Authority; and
RESOLUTION NO. ___-93
page Two
BE IT FURTHER RESOLVED that the city council of the city of
Dublin approved the Alameda County Abandoned Vehicle Abatement
program and a $1 vehicle registration fee to be imposed by the
Alameda county Abandoneq Vehicle Abatement Authority.
PASSED APPROVED AND ADOPTED this _ day of
, 1993.
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
city Clerk