HomeMy WebLinkAbout6.1 Vehicle Abatement Davona Drive CITY OF DUBLIN
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: January 9, 1989
SUBJECT Continued Public Hearing: Appeal of Order to Abate
Vehicles at 8326 Davona Drive, William Lopachuk
Report prepared by: Paul Rankin, Assistant City
Manager
EXHIBITS ATTACHED Exhibit 1 - Copy of "Notice of Intent to Abate", dated
April 27, 1988 - Received by Mr. Lopachuk
May 9, 1988 -
Exhibit 2 - Letter received May 20, 1988 from Bill
Lopachuk (Explains circumstances ,of
vehicles)
Exhibit 3 - Letter from Sgt. Archer, dated October 6,
1988 addressed to Mr. Lopachuk (Requesting
voluntary compliance)
Exhibit 4 = Letter addressed to Mr. Bill Lopachuk
dated October 28, 1988 establishing a
hearing date of November 7, 1988 (Note:
this letter was returned "Unclaimed" after
the date of the hearing)
Exhibit 5 — Record of Vehicle Abatement Hearing dated
November 7, 1988 and personally served on
the same date
Exhibit 6 - Letter received November 14; 1988
identical to Exhibit 2
Exhibit 7 - Letter dated November 14, 1988 providing
an extension for the abatement of the
vehicles
Exhibit 8 - Final Order to abate dated November 29,
1988
Exhibit 9 - Handwritten Letter received December 6,
1988 from William Lopachuk (Requests an
appeal before the City Council)
Exhibit 10- Summary of Abatement Record (through
December 6, 1988) -
Exhibit 11- Ordinance No. 59-87 regarding "Procedure
for Abatement of Abandoned Vehicles"
Exhibit 12- Copy of Notice of Continued Public Hearing
Exhibit 13- Proposed Resolution
RECOMMENDATION ` \V Conduct a public hearing and adopt the resolution
1� after establishing the effective date for the
resolution
FINANCIAL STATEMENT: The cost of removal may be assessed against the
property. The assessment action would be undertaken
as a separate hearing at a future date.
DESCRIPTION This item was first noticed for the City Council
meeting of December 12, 1988 . The vehicle owner left the meeting prior to
the item being heard. He telephoned City Offices the following day and
explained that he had to leave as he was taking care of his children. No
testimony was presented at the December 12th hearing and the entire matter
was continued to January 9, 1989 . Mr. Lopachuk was personally served with a
notice of the continuance. (Exhibit 12)
City of Dublin Ordinance No. 59-87 provides a procedure for the abatement of
abandoned vehicles . The policy included in Section 1 of the ordinance
states that the law applies to vehicles on private property.
----------------------------------------------------------------------------
COPIES TO:
Mr. Lopachuk
Sgt. Archer, Dublin Police Services
ITEM NO.
The City of Dublin was first made aware of the two vehicles located in the
driveway of 8326 Davona Drive in March of 1988. City Staff has worked with
the resident to provide an opportunity to comply with the ordinance.
Extensions have been granted to the owner in an effort to obtain voluntary
compliance.
Ordinance Requirements
The following discussion of the ordinance will focus on the sections of the
law which are related to the current appeal.
As stated in Section 1 of the Ordinance, " . . .The presence of .
an. . . inoperative vehicle or part thereof on private property or public
property not including streets is hereby declared to constitute a public
nuisance which may be abated in accordance with the provisions of this
Chapter. " The law provides established procedures and noticing requirements
for the eventual abatement of any violation.
Section 2 (d) of City of Dublin Ordinance states as follows:
"Inoperative Vehicle" means a vehicle in such condition that it either
physically or legally cannot be driven upon a street without:
( 1 ) installation of a missing part;
(2) replacement of a defective part; or
(3) registration and licensing. "
r
Section 4 of the Ordinance provides exclusions to this law under the
following conditions:
Section 4(a) reads as follows :
" (a) 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. . . "
The second exclusion applies to the operations of a licensed dismantler,
vehicle dealer, junkyard, or other legal business or commercial enterprise.
Violation Observed at 8326 Davona Drive
Two vehicles are parked in the driveway at 8326 Davona Drive. The two
vehicles are as follows:
#1 1973 Datsun 610
License No. 898JTQ - CA
VIN # PL 61006 3589
Year of Registration: 1985
#2 Chevrolet Impala Station Wagon
License No. AFN 130 - CA (no plates on vehicle)
VIN # 51845 L 130252
Year of Registration: No Record on File
According to Department of Motor Vehicle records, neither vehicle is
currently licensed or registered. Both vehicles are visible from the public
street. In previous correspondence, Mr. Lopachuk has stated that vehicle #2
(Station Wagon) is being restored. It is our understanding that the vehicle
is not capable of running in its current state. The mechanical condition of
Vehicle #1 (Datsun) is unknown by Staff. In any case, both vehicles are
inoperative according to the definition in Section 2(d) (3) of the ordinance.
Neither vehicle is currently registered with the Department of Motor
Vehicles, which is required by the ordinance.
The vehicle owner has been advised of the provisions in the ordinance for
the vehicles to be stored in a lawful manner out of public view. . If the
vehicles were stored in the garage, the Owner would not need to license and
register the vehicles and would be in compliance with this ordinance.
-2-
Opportunity To Comply
Staff has prepared a summary of the efforts taken to advise Mr. Lopachuk of
the violation. (Exhibit 10) The initial notice of the ordinance was posted
at the residence on April 21 , 1988. On May 9th of the same year, Mr.
Lopachuk received a certified letter notifying him of the intent to abate
the vehicles. (Exhibit 1 ) Mr. Lopachuk provided a letter on May 20, 1988
explaining his situation. (Exhibit 2) Staff postponed taking further action
while developing internal procedures on the handling of abatement actions.
On October 6, 1988, a follow-up inspection was conducted showing no progress
toward compliance by Mr. Lopachuk. The letter requested that Mr. Lopachuk
comply with the ordinance by October 19, 1988. (Exhibit 3) This was a final
effort to obtain voluntary compliance without the need for an Administrative
Hearing.
On October 28, 1988, a follow-up investigation indicated no change in the
conditions . An Administrative Hearing was scheduled for November 7, 1988.
Pursuant to the ordinance, the letters were mailed certified mail. (Exhibit
4) The Hearing Notice to the address on DMV records was returned "Addressee
Unknown" on November 3, 1988. This was a Merced, CA address for a William
John Lopachuk. The notice to Mr. Lopachuk at the Davona Drive address was
returned "Unclaimed" on November 15, 1988.
A hearing was conducted on November 7, 1988 and a written record was
prepared. The City Manager found the vehicles in violation of the ordinance
and ordered them abated. Mr. Lopachuk was personally served with a copy of
the hearing record. (Exhibit 5) He was given until November 14, 1988 to
either appeal or comply with the ordinance.
The City Manager had an opportunity to meet with Mr. Lopachuk on
November 14, 1988. The vehicle owner provided a copy of a letter identical
to the one submitted on May 20, 1988 explaining his situation. (Exhibit 6)
This meeting provided Mr. Lopachuk with an opportunity for a hearing. The
City Manager and Mr. Lopachuk agreed to an extension to November 28, 1988
for the abatement of the vehicles. A written letter confirming this
extension (Exhibit 7 ) was personally served on Mr. Lopachuk on November 15,
1988 . On November 28th, Mr. Lopachuk advised City Offices by telephone of
his inability to comply. A Final Order (Exhibit 8) was personally served on
Mr. Lopachuk on November 29, 1988 granting him another extension to either
appeal the ruling or comply by December 6, 1988. The previous letters
received from Mr. Lopachuk did not explicitly request an appeal. Mr.
Lopachuck filed an appeal (Exhibit 9) on December 6, 1988. Based on this
request, the item was agendized as a public hearing on December 12, 1988 .
As discussed above, that hearing was continued to January 9, 1989 .
Staff inspected the property on January 4, 1989, and the vehicles continued
to be parked in approximately the same position. Staff has a series of
photographs taken on various dates during the inspection of the property.
The photographs will be available for review at the City Council meeting.
In addition, Staff will conduct a follow-up inspection on January 9, 1989,
prior to the City Council meeting, to confirm that the vehicles are still in
violation.
Conclusion
Staff believes that the two vehicles are in violation of the City ordinance
and therefore should be declared a public nuisance and abated as such.
Staff would recommend that the City Council conduct a public hearing, make
the appropriate findings, and adopt the attached resolution. The City
Council should determine the date upon which the resolution shall take
effect prior to adopting it.
-3-
tS1
DUBLIN POLICE SERVICES �r
NOTICE OF INTENT TO ABATE MUM 9MILES, NUISANCE OR 'i/,/F'c�G'��
April 27; 1988
Mr. William Lopachuk ( X] Registered Owner of Vehicle
1521 W. 21st [ ] Legal Owner of Vehicle
Merced, CA. 95346 [X] Property Owner �� I� �,r,
n i S
Let Wo.,S �i.�C � 'i 1' �o S� « �
Dear Mr. Lopachuk: \% �� \b D �
U c�o��Mec4 . h Cc'` ' of m Sej
THE VEHICLE DESCRIBED ON THE ATTACHED VEHICLE ABATEMENT REPORT WAS 085ERVED IN VIOLATION OF
CITY ORDINANCE X5987. da��scJ W a.5 S t q hp �d �• �{�Ouy 1! $�
The Dublin Municipal Code requires the removal, as a public nuisance, of abandoned, wrecked,
dismantled, or inoperative vehicles, or parts thereof from public or private property. Said
vehicle is in violation of this ordinance and must 'be removed. The costs of removal may be
assessed against the property.
If you prefer to have us arrange for removal of the vehicle, please do the following:
1 . Sign and date Section C of the attached Vehicle Abatement Report.
2. If you are the vehicle owner, sign Section D, Release of Interest.
3. Return the Vehicle Abatement Report to this office within 10 days of the
postmarked date of this notice.
If you wish to remove the vehicle yourself, please do the following:
1 . Complete and sign Section E.
2. Return the Vehicle Abatement Report to the office noted within 10 days of the
postmarked date of this notice.
If you do not wish the vehicle removed, you are entitled to a hearing to determine whether
the vehicle is subject to abatement under the stated ordinance. You may request a hearing
by contacting the above-mentioned department within 10 days or the postmarked date of this.
notice.
IF YOU OWN THE VEHICLE, YOU MUST ATTEND THE HEARING.
NOTE: If you own the land where the vehicle is located and you want to have it removed but
do not want the removal charges assessed against you, sign the following disclaimer and
return within 10 days of the postmarked date or this notice. If you file the disclaimer,
ycu are not required to attend the hearing.
DISCLAIMER - PROPERTY OWNER ONLY
I deny responsibility for the presense
of the vehicle on my land. It was left
there without my knowledge or consent.
To This I swear or affirm.
Signature Date
THANK YOU FOR YOUR HELP IN IMPROVING OUR LOCAL ENVIRONMENT. IF YOU HAVE ANY QUESTIONS,
PLEASE TELEPHONE THIS OFFICE AT 829-0566.
Officer No. Report Number Z4,21 In I
OFF) ''OLICE SERVICES =IlqR
L� 111
►9 CITY OF DUBLIN
REPORT OF VEHICLE ABATEMENT
A VEHICLE DESCRIPTION AND OWNERSHIP
YEAR HAE MO E BO /L
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C REQUEST FOR REM- OVAL/WAIVER OF LIABILITY
I request this public nuisance vehicle be removed. In requesting the removal, DATE OF
understand and agree that I am relieving the abating agency from all liability.
PROPERTY SIGNATURE I DATE
OWNER
SIGNATURE DATE I
VEHICLE
OWNER
D RELEASE OF INTEREST
As•owner of this vehicle, I disclaim SIG. DATE
any future interest.
E INVESTIGATION/REMOVING AGENCY OR PERSON AND DISPOSITION
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RECEIVED
IAAY 2 01988
CITY nF DUBLIN Bill Lopachuk
8326 Davona Drive
Dublin, Ca. 94568
City of Dublin
City Manager
Richard Ambrose
P.O. Box 2340
Dublin, Ca. 94568
To Whom it May Concern:
I have two vehicles in my driveway which are in a questionable
state. The Datsun runs and is in the process of being sold. The
Chevrolet is my vacation vehicle. I am currently remodeling this
car.
Being a single parent, and working over 40 hours a week. To make
ends meet I must also work some weekends.
When my Chevrolet wagon is finished, it will be parked in my
driveway. This vehicle will only be used for vacations and
occational weekends.
Both vehicles are clean and my yard is kept clean. I see no reason
for removing from my yard, a vehicle that is not in any way a
burdon to me , or the neighborhood in which I live in.
Thank you for your understanding,
Zil A4 , z.eelll
Bill Lopachuk
EXHIBIT'
October 6, 1988
Mr. Bill Lopachuk
8326 Davona Drive
Dublin, CA 94568
Dear Mr. Lopachuk:
Sometime ago you appealed the Notice of Intent to Abate Abandoned
Vehicles. At that time, you indicated you were in the process of
restoring the vehicles.
On October 6, 1988, a follow-dip inspection showed that the two vehicles
continued to be located on your property. It appears that they are
considered inoperative vehicles in accordance with Section 2(d) of
Ordinance 59-87. The vehicles are as described below:
Vehicle License # AFN 130 VIN 51845L130252
Make: Chevrolet Year No Record
Vehicle License # 898 JTQ VIN PL 61006 3589
Make: Datsun Year 1973
Motor Vehicle Records indicate that these vehicles are not currently
registered to be driven on public streets. In addition, it would
appear that the vehicles have not been moved since your letter was
received in late May of 1988. Section 2(e) of the ordinance prohibits
storage of vehicles for an unreasonable period of time. Please note
that you may store a vehicle in a garage or building, provided that it
is done in a lawful manner. A copy of the ordinance is enclosed for
your review.
Although you have requested a hearing, we would like to provide you
with another opportunity to voluntarily comply with the ordinance. If
you do not comply with the ordinance by October 19, 1988, an appeal
hearing will be scheduled before the City Manager. As provided in the
ordinance, the cost of removal by the City may be assessed against the
property.
If you have any questions, please feel free to contact me at (415)
829-0566.
Sincerely,
Sgt. C. Archer, #332
CA:slh
Enclosure: Ordinance No. 59-87
x�� MIT 2
r�
October 28, 1988
Mr. Bill Lopachuk
8326 Davona Drive CERTIFIED MAIL
Dublin, CA 94568 P 690 213 990
RE: Appeal Hearing - Abandoned Vehicles
Dear Mr. Lopachuk:
In a letter dated October 6, 1988, you were requested to voluntarily
comply with City of Dublin Ordinance No. 59-87. In late May of 1988,
you requested an appeal of the decision to abate these vehicles.
On October 28, 1988, an inspection was conducted and you appear to
continue to be in violation of Ordinance No. 59-87. Section 2(d) of
I the Ordinance defines inoperative vehicles which may be abated. It
1 appears that the following unregistered vehicles would be subject to
`U this ordinance:
Vehicle Lic. #AFN130 VIN: 51845L130252 Make: Chev. Year: No Record
v Vehicle License # 898JTQ VIN: PL610063589 Make: Datsun Year: 1973
NOTICE OF HEARING
You are hereby notified that a hearing will be conducted before the
City Manager:
� a
DATE: Monday, November 7, 1988 TIME: 11 :00 a.m.
PLACE: Dublin City Offices
_ 6500 Dublin Boulevard, #205
Dublin, CA 94568
? : As previously explained, the cost of removal by the City may be assessed
against the property, if the hearing substantiates a violation of the
ordinance.
If you have any questions prior to the hearing, please feel free to
contact -me at 829-4600.
Sincerely,
Paul S. Rankin
tl PSR:slh Assistant City Manager
cc: -- Sgt. C. Archer, #332
-- Address of Last Registered Owner of Vehicle, #898JTQ
-- Property Owner per Co. Assessor: Wm. G. and Mary C. Lopachuk
November 7, 1988
RECORD OF
VEHICLE ABATEMENT HEARING
Mr. William Lopachuk
8326 Davona Drive
Dublin, CA 94568
Dear Mr. Lopachuk:
At 11 : 00 a.m. , on Monday, November 7, 1988, a hearing was
conducted at City Offices by the City Manager, pursuant to
City of Dublin Ordinance No. 59-87 .
A complete review of the record was completed at the
hearing. Included i;n• the record was a letter dated
October 28, 1988 addressed to you from Paul S. Rankin,
Assistant City Manager. The letter informed you of the
date, time, and place of the hearing referenced above. It
was noted that you were not in attendance at the hearing.
The record contained the following information:
o A service log indicating that a copy of the Abandoned
Vehicle Ordinance was posted on the door of your
residence on April 21 , 1988.
o A service log notation indicating that a registered
letter was mailed on April 27, 1988 on both vehicles .
o The Vehicle Abatement Worksheet which indicates the two
vehicles as follows :
#1 1973 Datsun 610
License # : 898JTQ California
VIN # : PL 61006 3589
Year of Registration: 1985
#2 Chevrolet' Impala Station Wagon
License # : AFN 130
VIN # : 51845 L 130252
Year of Registration: No record in system
o Photographs of vehicles at 8326 Davona Drive taken as
part of the Vehicle Abatement Worksheet.
o Letter received May 20, 1988 from Bill Lopachuk,
indicating that the Datsun was in the process of being
sold. The letter also states the Chevrolet is being
worked on.
I T-q
o Letter dated October 6, 1,988 acknowledging the appeal of
the Notice of Intent to Abate Abandoned Vehicles . The
letter provided a copy of the Ordinance and requested
voluntary compliance by October 19, 1988. The letter
was addressed to Mr. Bill Lopachuk, 8326 Davone Drive, _ -
Dublin, CA 94568 .
o Photographs of 8326 Davona Drive dated October 6, 1988.
The subject vehicles appear in the same location as
earlier photographs.
o A letter dated October 28, 1988 addressed to Mr. Bill
Lopachuk as noted above. The letter establishes the
time and place of the appeal hearing. Copies of the
correspondence were also addressed to the named
property owners and the registered owner of the Datsun.
The letter mailed to the vehicle owner as noted in DMV
records was returned - "Addressee Unknown" .
o Photographs dated October 28, 1988 which showed the
conditions unchanged. The photographs showed the
vehicles in front of 8326 Davona Drive.
o Photographs dated November 7, 1988 bf 8326 Davona Drive
which show the two subject vehicles in the same condi-
tion as noted above.
o Police Department information which identifies that
registration for Vehicle License # AFN130 is not on
file. Note: All currently registered vehicles are
on file. Similar information shows that Vehicle
License # 898JTQ was last registered in 1985 .
FINDINGS
Based on the information reviewed at the hearing, it is
hereby found that a violation of City of Dublin Ordinance
No. 59-87 does exist at 8326 Davona Drive.
Section 2 (d) ( 3 ) states that an "inoperative vehicle" means.
.a vehicle in such a condition that it either physically or
legally cannot be driven upon a street without
registration and licensing. Neither vehicle which was
observed has a current registration and are found to be in
violation of the ' Ordinance. In addition, based on the
photographs, it would appear that neither vehicle has been
moved since April of 1988 .
FINAL NOTICE OF ABATEMENT
You are hereby notified that the following vehicles are
ordered to be removed or legally stored no later than
November 15, 1988 pursuant to City of Dublin Ordinance No.
59-87 :
Vehicle License # AFN130 VIN: 5184L130252
Make: Chevrolet Station Wagon Year: No Record
Vehicle License # 898JTQ VIN: PL610063589
Make: - Datsun 610 Year: 1973
If you request an appeal before the City Council, this
order will be postponed until they have conducted a
hearing and upheld the order. Please note that the cost
of the removal may be assessed against the property owner.
APPEAL RIGHTS
You may request a hearing before the City Council to
appeal this decision. Your appeal must be in writing and
should be addressed as follows:
Attention: Dublin City Clerk
Dublin City Offices
6500 Dublin Boulevard, Suite 205
Dublin, CA 94568
Your appeal must be received no later than 12: 00 noon,
Monday, November 14, 1988. Postmarks cannot be accepted.
If you have any questions, please feel free to contact
Paul S . Rankin, Assistant City Manager at 829-4600 .
Sincerely,
Richard C. Ambrose
RCA:kk City Manager
cc: Sgt. Archer #332
RECEIPT OF RECORD OF VEHICLE ABATEMENT HEARING
I, William 1f. Lopachuk, reside at 8326 Davona Drive, Dublin, CA,
94568 .
My signature below acknowledges receipt of Record of Vehicle
Abatement Hearing dated November 7, 1988. *-33(a
The document was personally served by Officer # rncc n of the
Dublin Police Services at Z� _ hours on November -_, 1988.
I understand that the "Findings" contain an appeal procedure,
however, I must respond in writing as noted in the Record, no
later than 12: 00 noon, Monday, November 14, 1988 to undertake
any appeal rights.
Served by: (v A Vu Signed:
Print Name
Date
Bill Lopachuk
8326 Davona Drive
Dublin, Ca. 94568
City of Dublin
City, Manager RECEIVED
Richard Ambrose. Ar988 P.O. Box 2340 NOV
Dublin, Ca. 94568
r1TV nc DURLiN
To Whom it May Concern:
I have two vehicles in my driveway which are in a questionable
state.. The Datsun runs and is in the process of being sold. The
Chevrolet is my vacation vehicle. ! .I am currently remodeling this
car.
Being a single parent, and working over 40 hours a week. To make
ends meet I must also work some weekends.
When my Chevrolet wagon is finished, it will. be parked in my
driveway. This vehicle will only be used for vacations and
occational weekends.
Both vehicles are clean. and my yard is kept clean. I see no reason
for removing from my yard, a vehicle that is not in any way a
burdon to me , or the neighborhood in which I live in.
Thank you for your understanding,
Bill Lopachuk
FXHIRIT
.� Of 01/1 CITY OF DUBLIN
�•ti
P.v. Box 2340 DUBLIN,CALIFORNIA 945,
C; November 14, 1988
CITY OFFICES
6500 DUBLIN BLVD.
ADMINISTRATION Mr. Bill Lopachuk
(415) 829.4600 8326 Davona Drive
Dublin, CA 94568
BUILDING INSPECTION Dear Mr. Lopachuk:
• (415) 829.0822
Thank you for visiting my office today to discuss the status
CITY COUNCIL of the Datsun and Chevrolet vehicles which you currently
(415) 829.4600 have in your driveway and are presently in violation of the
City' s Abandoned Vehicles Ordinance No. 59-87 .
CODE ENFORCEMENT As I indicated during our conversation this morning, both
(415) 829.0822
vehicles must be registered and operable, if they are to be
parked in your driveway. I also indicated that you could
ENGINEERING have a vehicle which was inoperable and not registered
(415) 829.4927 provided that it was stored in your garage and not visible
from a public street or other private property.
FINANCE
(415) 829-6226 After discussing this situation, you agreed that you could
bring these vehicles into compliance with our Ordinance by
PLANNING November 28, 1988 . In order to do this, you will either to
(415) 829.4916 need to register the vehicles and make certain that they are
operable, remove the vehicles from your property, or store
them in the garage so that they are not visible from the
POLICE public street or private property. As I indicated to you
(415) 829.0566 today, if at that time the City's inspectors find that the
vehicles have not been brought into compliance with our
PUBLIC WORKS Ordinance, I will authorize the City's abatement of those
(415) 829-4927 vehicles .
RECREATION I appreciate the opportunity to meet with you to discuss
(415) 829.4932 this problem, and I hope that you will be able to comply in
the time that we mutually agreed upon.
If you have any questions, feel free to call my office.
Sincerely,
Richard C. Ambro
RCA: slh City Manager
cc : Police Department
,Juanita Stagner
✓Paul Rankin
IT
RECEIPT OF EXTENSION FOR REMOVAL OF VEHICLES
(City of Dublin Ordinance No. 59-87)
I, William Lopachuk, reside at 8326 Davona Drive, Dublin,
CA 94568 .
My signature below acknowledges receipt of a letter dated
November 15, 1988, which provides an extension for removal
of vehicles .
The document was personally served by Officer-5• oD�,2�ri,�
# 7q2 of the Dublin Police Services at _/9/S hours on
November /5- , 1988 .
I 'understand that the "Extension" provides that the
vehicles must be operable including a current registration,'
or, stored properly and not visible from the public street
no later than Monday, November 28, 1988.
(� // r
Served by: cS-9�? � 47f Signed .G� ' 'Cr=, • 'll_• 1�,��- .
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Print Name
Date
November 29, 1988
Mr. Bill Lopachuk
8326 Davona Drive HAND DELIVERED
Dublin, CA . 94568
RE: FINAL ORDER TO ABATE VEHICLES - Ordinance No. 59-87
Vehicle License No. AFN 130 VIN 51845L130252
Make: Chevrolet Year No Record
Vehicle License No. 898 JTQ VIN PL610063589
Make Datsun t Year 1973
Dear Mr. Lopachuk:
On November 15, 1988, you were personally served with a
notice which provided an extension to the requirement to
comply with the ordinance referenced above. You were
allowed until November 28, 1988 to make the necessary
provisions to comply with the ordinance. This extension was
based on our discussion on November 14, 1988. We have also
enclosed a summary of the numerous efforts by the City to
obtain your compliance with the ordinance.
On November 28, 1988, you telephoned this office and
indicated you will not be able to comply. As previously
discussed, vehicles in view from a public street must be
currently registered and operable. You are allowed to store
an inoperable vehicle within your garage provided it is not
visible from a public street.
FINAL NOTICE
In accordance with City of Dublin Ordinance No. 59-87, the
vehicles referenced above and located at 8326 Davona'-Drive
shall be abated, unless compliance is obtained by 5:00 p.m.
December 6, 1988. Compliance can be fulfilled by any of the
following means :
o Make the vehicles operable, including a current vehicle
registration.
o Remove the vehicles from the property.
o Legally store the vehicles in a garage so that they are
not visible from the public street or private property.
Notice of Costs : Please note that if the vehicles are
abated at City expense, the cost of removal may be assessed
against the property .
Final Appeal .Rights
You have the right to appeal this final notice, provided you submit a
written request for an appeal before the City Council. The City
Council will consider the request at a public hearing. Your appeal
must be received in the City Manager's office no later than 5:00 p.m.
December 6, 1988. Postmarks cannot be accepted. Please note that in
your letters received May 20, 1988 and November 20, 1988, an appeal
was not requested. You provided only an explanation of your
situation. If an appeal is desired, your written request must
clearly state your request.
If voluntary compliance is not obtained or a timely appeal filed, the
City will proceed with the removal.
Sincerely,
Richard C. Ambrose
RCA:slh City Manager
cc: Sgt. Archer #332
RECEIPT.' OF FINAL ORDER TO ABATE VEHICLES
(City of Dublin Ordinance No. 59-87)
I, William Lopachuk, reside at 8326 Davona Drive, Dublin,
CA 94568 .
My signature below acknowledges receipt of a letter dated
November 29, 1988, which advises me of the final order to
comply with the City Ordinance.
The document was personally served by Officer
# 7cl "Z-- of the Dublin Police Services at j qo o hours on
November 7-ci , 1988 .
I understand that an appeal can be made to the City Council
provided that it is received by 5:00 p.m. , December 6,
1988. Otherwise, the vehicles must. be either operable
including a current registration; stored properly and not
visible from the public street; or removed from the
property no later than Tuesday December 6, 1988.
Served by: , 71Z— Signed
Print Name f ji�1 /�Gl1r�/C
Date I I -�,�1 40
- RECEIVED
DEC G 1988
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SUMMARY OF VEHICLE ABATEMENT RECORD
Ordinance No. 59-87
(Activity through December 6,1988
Address : 8326 Davona Drive
Owner: William Lopachuk
Date: March 16, 1988
Zoning Investigator notified Police of possible violation at
address noted above.
Date: April 21 , 1988
Police Services posted a copy bf the ordinance on the door of the
residence. Datsun is shown in DMV records as last registered in
1985 . Chevrolet is not found in current DMV records .
Date: April 27, 1988
Police Services mailed certified letters providing a notice of
abatement. Letters were sent to DMV record address and property
owner address .
Date: May 6, 1988
Certified letter to vehicle owner address per DMV records was
returned unclaimed.
Date: May 9, 1988
Mr. Lopachuk received letter mailed April 27, 1988.
Date: May 20, 1988
City received a letter from Mr. Lopachuk explaining one vehicle
was being restored and the other was in the process of being
sold.
Date: October 6, 1988
Photographs were taken showing no progress to date. Vehicles
were in same location as previous reviews. A letter was mailed
requesting compliance by October 19, 1988. Otherwise an appeal
would be scheduled before City Manager.
1RIT /,0
Date: October 28, 1988
Additional photographs were taken showing no progress . An appeal
hearing was scheduled for November 7, 1988 before the City
Manager. Notices of the hearing were mailed certified mail to
Mr. Lopachuk, the property owner (William and Mary Lopachuk) , and
the vehicle owner according to DMV records (William John
Lopachuk, Merced, CA)
Status : Of Hearing Notices
Notices to Mr. Lopachuk and the Property Owners were returned
11 /15/88 as unclaimed. Notice to the Vehicle Owner was returned
11 /3/88 noted as "Addressee Unknown."
Date: November 7, 1988
Photographs were taken of the' vehicles which continued to be in
violation of the ordinance. A hearing was conducted. A written
record of the hearing was prepared and personally delivered to
Mr. Lopachuk at 9 : 28 p.m. The notice allowed an opportunity to
appeal provided the request was received by November 14, 1988.
Date: November 14, 1988
Mr. Lopachuk provided a letter identical to the letter dated
May 20, 1988 . He also met with the City Manager and discussed
what was required to comply with the ordinance.
Date: November 15, 1988
Mr. Lopachuk was personally served with a letter from the City
Manager allowing an extension to November 28, 1988 for the
abatement of the vehicles. This extension was based on his
discussion with the City Manager on November 14, 1988.
Date: November 28, 1988
Mr. Lopachuk advised City Offices that he would be unable to
comply.
Date: November 29, 1988.
Mr. Lopachuk was personally served with a notice to either appeal
the action to the City Council or comply with the Ordinance by
December 6, 1988 .
Date: December 6, 1988
Mr. Lopachuk personally delivered a written request for an
appeal. An appeal is scheduled as part of the regular City
Council meeting on December 12, 1988.
i
ORDINANCE N0. 59 - 87
AN ORDINANCE. OF THE CITY OF DUBLIN PROVIDING
A PROCEDURE FOR ABATEMENT OF ABANDONED VEHICLES
The City Council of the City of Dublin does ordain as follows:
Section 1. DECLARATION OF POLICY: The accumulation and
storage of abandoned, wrecked, dismantled, or inoperative vehicles
or parts thereof on private property or public property not
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 harborages 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 not including streets is hereby
declared to constitute a pul)lic nuisance which may be abated in
accordance with the provisions of this Chapter.
Section 2. DEFINITIONS: The following definitions shall
govern the construction of this Chapter:
(a) ABANDONED VEHICLE. "Abandoned vehicle" means any
vehicle which has been left on private property or
public property other than highways and in which the
owner has no active interest and no intent to again
claim a right or interest.
(b) ACCUMULATION. "Accumulation" means the gathering
together of vehicles or parts of vehicles in quantities
which are unreasonable in relation to uses per in
the zoning district in which such vehicles or parts of
vehicles are gathered together.
(c) DISI•IANTLED VE11ICLE. "Dismantled vehicle" means a
vehicle from which an essential part of the power train,
a wheel or any part of the body has been removed.
(d) INOpER.ATIVE VEHICLE. "Inoperative vehicle" means a
vehicle in such condition that it either phyically or
legally cannot be driven upon a street without:
(1) installation of a :::issing part;
(2) replacement of a defective part; or
(3) registration and licensing.
(e) S'1'ORAG_E. "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.
( f) WRLCKED VLIIICLL• "Wrecked vehicle" means a vehicle
w�as suffered physical damage to the extent that it
ein er physically or legally cannot be driven upon a
street.
EXHIBIT �e
' 1
• Section 3. THCOCCL'MGNT OFrICIAL: This Chapter shall be
n(ltttin stered by the Ety Manager, except that the removal of
veh.l.r_l.en or parts ther.et)f from property may be by any other duly
t authorized person. The City Manager or other duly authorized
person may enter upon private or public property to examine a
vehicle or part thereof, to obtain information as to tite identity _
of a vehicle or part thereof and to remove or cause the removal of
a vehicle or part thereof declared to be a public nuisance by or
pursuant to tills Chapter. 1.
Section 4. EXCLUSIONS: This Chapter shall not apply tot.
(a) a vehicle or part thereof which is completely enclosed
within a building in a lawful manner where it is not
visible from tile' street or other public or private
propertyl or
(b) 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 licensed junkyard, or when such storage or
parking is necessary to the operation of a lawfully
conducted business or coimnercial enterprise.
provided, however, that this exception shall not authorize the
maintenance of a public or private nuisance as defined under
provisions of law other than this Chapter or Chapter 10 of
Division 11 of the Vehicle Code of the State of California.
Section 5. NOTICE:
(a) A ten (10) day notice of intention to abate and remove
a vehicle or part thereof as a public nuisance 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 tl►e vehicle or part thereof is in such condition
that identification numbers are not available to
determine ownership. No such notice shall be required
if the property owner and the owner of the vehicle or
part thereof have signed releases authorizing removal
and waiving further interest in the vehicle or part
thereof. Such notice shall contain a statement of the
hearing rights of the owner of the property on which the
vehicle or part thereof is located and the owner of the
vehicle and the information contained in Vehicle Code
§ 22661(d) . The statement shall include notice to the
property owner of his option under Section 8. The
notice 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 identification numbers are not
available due to the condition of the vehicle.
(b) Notice of intention to abate, as provided in subsection
(a) , 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 California Vehicle Code §
22855, and is determined by the City Manager to be a
public nuisance presenting an ittnnediate threat to public
bea.lth or safety, provided that the property owner has
signed a release authorizing removal and waiving further
interest in the vehicle or part thereof. The City
Manager shall not dispose of any such vehicle under
(:n 1.1.forma Vehicle Code § 22067 unless he shall have
provided ttoticP to the registered and legal owners of
Jnt:ent to dispose of the vehicle or part, and the
vehit:le or part is not claimed and removed within twelve
(12) dayn after tl:e notice is mailed. 'Phis subsection
(h) applies oily to inoperable vehicles located, upon a
parcel. that is (1 ) zoned for-agricultural use or (2) is
not improved with a residential structure containing one
or more dwelling units. '.
Section 6. PUBLIC HEARING UPON REQUEST: Upon request by
the owner of the vehicle or part thereof or the owner of the land
on which such vPhl.cle or part thereof is located, delivered to the
City MattagPr within tent (10) days after the mailing of notice of
intention to abate anti reinove the vehicle or part thereof, a
puhlic hearinq shall be held by the City Manager to determine
whether tine veili.clP or part thereof shall. be abated and removed as
a puhiir. nuisant.e anti whether the administrative costs and the
costs of abatement anti removal shall be assessed against the
land. A sworn written statement of the.owner of the land denying
r.espornni.bi l.i.ky for the presence of the vehicle or part thereof on
hie land shall lie construed as a request for hearing.
Section 7. NO'L'ICE: The City Manager shall set a date for
the pub.Lirhearing and shall deliver notice thereof to the persons
and in the manner specified in Section 5 not less than ten (10)
days prior to such date.
Section: B. BEARING: 7'lie hearing shall be held before the
City Manager wino shall hear all facts and testimony he deems
pertinent. Said 'facts and testimony may include testimony on the
condition of the velii.cle or part thereof and the circumstances
concerning its location tai: private property or public property.
9'1:e City Manager shall. not be Limited by the technical rules of
evidence. The owner of the .land on which the vehicle or part
thereof is located may nhpear in person at tike hearing pr present
_ a sworn written statemei:t denying responsibility for the presence
of the vehicle or part thereof oil the land, with his reasons for
such denial.
Section: 9. NON-LIABILITY OF LANDOWNER: If it is determined
at the ear g that the vehicle or part thereof was placed on the
land without the consent of the landowner and that he has not
subsequently acquiesced in its presence, the City Manager shall
not assess coats of administration or abatement and removal
against the land or otherwise attempt to collect such costs from
such owner.
Section: 10. AUATEMFN'1': If releases have been signed
pursuant to Section 5, or if a request pursuant to Section 6 is
not received, or if the City Manager after hearing determines that
t:l:e vehicle or part thereof constitutes a public nuisance, the
City Manager or other duly authorized person shall abate and
remove the vehicle or part thereof from the land in accordance
with tile provisions of California Vehicle Code §§ 22660 et seq. ,
except as otherwise provided in Sections 11, 12 and 13. After a
vehicle has been abated antl removed, it shall not be reconstructed
or made operable, unless it is a vehicle which qualifies for
either hor.seless car.riatte .license plates or historical vehicle
license pl.at•ps, pursuant to § 5UO4 of the Vehicle Code of the
State of CaLl. forilia, iu which case the vehicle may be
reconstructed or made operable.
Section 11 . Ai'1' mb TO CITY COUtICIL; PUiILIC 11CAR11113
REQUIRFU; 1'he nwner of kl►e lland upon which the vehicle or. part
thereof is lomit•ed or the owner of tl►e vehicle or part thereof may
appeal the determination after hearing of the City Manager to the
City Council by fi.l.Lnq wri.tten notice thereof with the City Clerk
wii.ltit► five (5) clays af:l:n,r bavinq received notice of such
deternti.nat.inn from the City Manager. If such a notice is filed,
the City Council shall hold a public hearing thereon.
1.
Section 12. i10'1'1Cr OF APPEAL IIEARIVG: Tile City Clerk shall
set a date for. the publi.r. hear ttg ot► appeal and shall deliver
notice thereof to the persons and in the manner specified in
Section 5 not less that► five (5) days prior to such date.
Section 13. 111.AIt1NG UE t1oVO: The City Council si►all hold a
ar e aPpea L. The City Council. shall
pup 1 I e ~Blr
succeed to and way exercise all powers otherwise vested in the
City Flanager by tl►is Chapter. The determination of the City
CouliciL shall be filial.
Section lh. ASSESStiUMT OF COS'CS: Except as provided in
Section 9, the rosts of :►diinistratien► and removal may be assessed
against the lat►d from which the veliicl-e or part thereof was abated
and removed, to be collected at the same time and in the same
manner as ordinary City ~axes are collected, and shall be subject
to tl►e same penalties and the same procedure and sale in case of
detinquency as provided for ordinary City taxes. All. laws .
applicable to the levy, collection and enforcement of City taxes
shall he applicable to such assessment.
Sectio 15. NO'i'iCE '1'0 UEPAlrrmEt1T OF monll VEHICLES: within
n
five 5 days after abatement and removal, notice shall be given
to the Department of MoLor Vehicles identifying the vehicle or
part thereof. nt►y evidence of registration available, including,
but not littlited to, tl►e registration card, certificates of
ownership, and license plates, shall be transmitted together with
sucl► notice.
Section 16. pENAL'1'1ES:
(a) Any person who causes or permits the storage of an
abandoned, wrecked, dismantled, or inoperative vehicle
or part thereof on private or public property not
including streets is guilty of a misdemeanor.
(b) Any person who fails or refuses to abate and remove an
abandoned, wrecked, dismantled, or inoperative vel►icle
or part thereof from private property or public property
not it►clucling streets, after having received notice
pursuant to Section 5, is guilty of a misdemeanor.
(c) Any person whn prevents or refuses to permit the
et►trat►ce of tl►R t:i.ty Manager or other duly authorized
person upon private property or public property, not
including streets, to examine a vehicle or part thereof,
to obtain information as to the identity of a vehicle or
Karl: thereof, or Lo reutove or cause the removal of a
veliicle or Fact thereof declared to be a public nuisance
by or 1)ursnaf►t to this Chapter is guilty of a
utisdeweanor..
• Y Section 17. F..FFEt"CIVV, DA'PE AND POSTING OF ORDINANCE. 'Phis
Ordlnartc take effect and be in force thirty (30) days from
and after the date of its passage. 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 AND ADOPTF.I) by the city 1Council f the City ofvDublin
on this 21stday of December. ,
AYES: Councilmembers Itegarty, Moffatt, Snyder, Vonheeder
and Mayor Jeffery
NOES None
ABSENT I None
Mayo
ATTEST t
C ty Clezk
. t
December 15, 1988
Mr. Bill Lopachuk PERSONALLY SERVED
8326 Davona Drive
Dublin, CA 94568
RE: Continuance of Public Hearing: Abatement of Vehicles
Dear Mr. Lopachuk:
As you are aware, a public hearing was scheduled for the
City Council meeting on Monday, December 12, 1988.
When the item came before the City Council, Staff informed
the City Council that you were present at the beginning of
the meeting. They were also informed of your indication
that you may be unable to remain at the`meeting to present
your testimony. The City Council agreed to continue the
matter to their meeting on January 9, 1988. The entire
matter has been continued without any testimony being
presented at the December 12th hearing.
Again, the City Council will be conducting a public hearing
on your appeal at the following time and location:
Hearing Date: Monday, January 9, 1989
Time: 7:30 p.m.
Location: Dublin Library
7606 Amador Valley Boulevard
Dublin, CA 94568
This shall serve as formal notice of the continued hearing.
This will provide an additional 29 days to comply with the
ordinance. If the subject vehicles are still in violation
on January 9, 1988, the City Council will consider your
appeal at the hearing noted above.
If you have any further questions, please feel free to
contact me.
Sincerely,
Richard C. Ambrose
RCA:slh City Manager
RECEIPT OF NOTICE OF CONTINUANCE OF PUBLIC HEARING
(City of Dublin Ordinance No. 59-87)
I, William Lopachuk, reside at 8326 Davona Drive, Dublin, CA
94568.
My signature below acknowledges receipt of the attached letter
dated December 14, 1988, which advises me the City Council has
continued my appeal hearing from December 12, 1988 to Monday,
January 9, 1989 at 7:30 p.m. .
The document was personally served by Officer i
of the Dublin Police Services at ,as=( hours on
December
Served by: r"'
Print Name
Date �Z. - A/._ I 0
MIT11c,
RESOLUTION NO. - 89
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
**************************
DECLARING TWO VEHICLES LOCATED AT 8326 DAVONA DRIVE
A PUBLIC NUISANCE IN ACCORDANCE WITH ORDINANCE NO. 59-87
AND ORDERING THE ABATEMENT OF SAID VEHICLES
WHEREAS, two vehicles as described below are parked in the driveway
of 8326 Davona Drive:
#1 1973 Datsun 610
License No. 898JTQ - CA
VIN # PL 61006 3589
Year of Registration: 1985
#2 Chevrolet Impala Station Wagon
License No. AFN 130 - CA (no plates on vehicle)
VIN # 51845 L 130252
Year of Registration: No Record on File
WHEREAS, both vehicles are visible from a public street; and
WHEREAS, an Administrative Hearing was conducted on November 7, 1988
which resulted in an order to abate the vehicles; and
WHEREAS, on November 14, 1988, the Vehicle Owner personally met with
the City Manager and presented his testimony; and
WHEREAS, as a result of the meeting an extension was provided to
postpone abatement until November 28, 1988; and
WHEREAS, a Final Notice was also served on the Vehicle Owner
requiring compliance by December 6, 1988; and
WHEREAS, the Vehicle Owner has requested an appeal to the City
Council; and
WHEREAS, the City Council has conducted a public hearing on
December 12, 1988; and
WHEREAS, the public hearing was continued to January 9, 1989 .
NOW, THEREFORE, BE IT RESOLVED that based upon the information
provided in the public hearing on January 9, 1989, the following findings
are made:
1 . The vehicles identified above and located at 8326 Davona
Drive are found to be in violation of City of Dublin
Ordinance No. 59-87. The City Council hereby declares said
vehicles a public nuisance.
EXHIBIP13)
BE IT FURTHER RESOLVED that the City Council does hereby direct the
City Manager and/or his duly authorized representative to proceed with
abatement of said vehicles. -
BE IT FURTHER RESOLVED that this resolution shall take effect on
PASSED, APPROVED AND ADOPTED this 9th day of January, 1989 .
AYES:
NOES:
ABSENT:
Mayor
ATTEST:
City Clerk