HomeMy WebLinkAboutItem 8.1 Abanonded Vehicle Abatement Program (2) CITY OF DUBLIN .
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: July 13 , 1992
SUBJECT Alameda County Abandoned Vehicle
Abatement Program (Prepared by Dublin
Police Services Staff)
EXHIBITS ATTACHED A) September 27 , 1991 memo from
Stephen Richards, Alameda County
Zoning Administrator
B) April 27 , 1992 memo from Steve
Richards with a copy of Joint
Exercise of Powers Agreement
C) June 25, 1992 memo from Steve
Richards
D) Abandoned Vehicle Abatement Program
Guideline Booklet from C.H.P.
E) Memo from Captain James Rose to City
Manager, Richard Ambrose.
F) Draft Resolution to Establish the
Alameda County Abandoned Vehicle
Abatement Authority
RECOMMENDATIO V Adopt resolution approving Joint Powers
d� Agreement and authorize Mayor to execute
agreement and appoint the Chief of
Police or designee to serve on
Authority.
FINANCIAL STATEMENT This program would result in additional
revenues to offset the City's Abandoned
Vehicle Abatement costs.
DESCRIPTION: Under AB 4114 , Chapter 1685, cities and
counties are authorized to establish a service abatement
authority with the power to impose a $1 . 00 motor vehicle
registration fee on every vehicle within the county for the
abatement of abandoned vehicles. This money is to be distributed
to participating cities on a per capita basis.
Based on the City's 1991 population of 23 ,484 people, as
determined by the State Dept. of Finance, the City of Dublin
would receive an allotment of $18 , 335 .00 to abate vehicles each
year.
In order to participate in the Abandoned Vehicle Abatement
Program, each participating City must pass a city resolution
stating its intent to be involved in the program. If half the
cities with the majority of the incorporated population pass
resolutions approving the program, the resolutions are then
submitted to the County Board of Supervisors for approval . After
the Board of Supervisors has approved the vehicle abatement
program, the program would be submitted to the California Highway
Patrol for final approval.
If an abatement program is established in Alameda County all
vehicles registered in all cities will be assessed the $1 . 00 fee
whether or not a City has passed a resolution indicating its
desire to participate. After the fees are collected by the
State, the funds will be Transferred to a County Abatement
Service Authority for administration of the program. This
Authority will consist of one voting member from participating
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COPIES TO:
Ad 4 ITEM NO.
CITY CLERK
FILE
city. The Authority will set-up a fund for each participating
city. This money can only be used by the City assigned and
cannot be used to supplement a City who may overspend their
account. The fees from cities that do not choose to participate
in the program would be divided among the participating cities.
Monies that are not used from a cities allotment one year may
roll over and be added to the next years allotment.
The extra $1 . 00 registration fee can only be collected for five
years from the date the Authority is established. The County's
Service Authority would continue to exist and administer the
program until all funds have been expended.
As of this date, eight of fourteen City Councils have passed
resolutions stating their intent to be part of the Alameda County
Abandoned Vehicle Abatement Program. These eight cities Hayward,
Oakland, Newark, Union City, Livermore, San Leandro, Emeryville
and Piedmont, which comprise half of the population of Alameda
County, have met the requirements to form an Abatement Authority
in Alameda County.
Mr. Stephen Richards of Alameda County, has advised Staff that he
wants to submit all City resolutions with the signed "Joint Power
Agreement" to Sacramento by August; with a start up date of
January 1, 1993 . If the Council does not pass a resolution,
Dublin citizens will still be assessed the extra $1. 00 on
registration fees but will not be able to use any of these
monies.
The attached resolution would:
(1) approve City participation in the Abandoned Vehicle
Abatement Authority:
(2) approve the Alameda County Abandoned Vehicle Abatement
Program; and
( 3) approve a $1 fee to be imposed by the Authority.
The first two actions are required by statute for the City to
receive funds. The third action; whereby the Council approves
the $1 . 00 fee, is not required by statue but is requested by
County staff. It is the Authority, not the cities, that will
impose the $1 . 00 fee.
).y ;' ��•i i ATTACHMENT A
ALAMEDA COUNTY PLANNING DEPARTMENT
• Dcvclopmcnt Planning Hauling 6 Community DmIopmcnt Policy Planning 6 Racarch • Zoning,ldminis&atian&Enfo►ccmrnt
399 Elmhurst Street,Hayward,CA 94544 (415) 670-5400 FAX(415)785-8793 Y
SEP 27 .191_
DATE: September 27, 1991 CITY.OF DOBLIN
TO: All Cities in Alameda County, Police Services and Community
Preservation (Zoning Enforcement) Departments; Alameda
County Sheriffs Department
FROM: Stephen F. Richards, Alameda County Zoning Administrator
SUBJECT: AB 4114 - $1 Auto Registration Fee for Abatement of
Abandoned Vehicles
Under AB 4114 (Clute), Chapter 1685, Statutes of 1990, cities and counties are
authorized to establish Service Abatement Authorities and impose a $1.00
motor vehicle registration fee on every vehicle within the county for the
abatement of abandoned vehicles.
The legislation requires that a service authority be developed and submitted to
the California Highway Patrol. The plan must follow guidelines established by
the Highway Patrol and must be approved by the Board of Supervisors, and by
a majority of the cities having a majority of the incorporated population.
The County Planning Department has determined by some preliminary phone
contacts with the cities that there is probably enough interest in this to warrant
further investigation. We propose a meeting to discuss three documents:
1. The Highway Patrol's guidelines, Attachment 1;
2. A draft city council resolution to establish and approve an
Abandoned Vehicle Abatement Program, Attachment 2;
3. A draft city council resolution that could establish this.Service
Abatement Authority; Attachment 3.
The meeting will held at 9:00 am on Tuesday, October 13, 1991, in the
Auditorium of the Alameda County Public Works Building, 399 Elmhurst
Street, Hayward. Staffs from both police and community preservation/zoning
agencies may have interest in this matter and both are invited to attend.
Attachments
ALAMEDA. CC JNTY PLANK Ar" ':HMENT B
Development Planning • Housing&Community Development • Policy Planning&Research • Zoning Administration&Enforcement
399 Elmhurst Street,Hayward,CA 94544 (510)670-5400 FAX (510)785-8793
DATE: April 27, 1992
TO: Abandoned Vehicle_Abatement Authority Mailing List
FROM: Steve Richards, Alameda County Planning Department
•SUBJECT: Alameda County Abandoned Vehicle Abatement Program
ttach—d is the final version of the joint rowers Agreement (JPA) to establish
the Alameda County Abandoned Vehicle Abatement Authority. This
document should be presented to your City Council requesting that a majority
of the Council Members agree so that the document would then be signed at
the bottom by the appropriate person.
I want to call to your attention one change from the text that we agreed upon
on March.11th that I believe more closely reflects the intentions expressed by
various Cities. On page 2 of the JPA under Powers, third line, the phrase
"limited to collections and dispersement of funds" has- been added. The
purpose is to clearly limit our objectives and reassure anyone that might be
fearful of the creation of a "super agency"with very broad powers,which is not
our objective.
The JPA is in addition to the other resolution(s) that must be adopted by the
City Councils. I will need a copy of your abandoned vehicle abatement
ordinance (consistent with sections 22660 and 22661 of the Vehicle Code), and
the estimate of the number of abandoned vehicles abated in your jurisdiction
last year. When these documents are completed, sent a copy to me for
inclusion in the submittal to the State.
On March 11th, people asked what the total "overhead" expenses would be for
the Authority. Quarterly fiscal records and performance reports to the State
would be prepared and I have not yet finally determined what these costs
would be, however they are expected to be in the neighborhood of$15,000 per
year. The uncertainty is in the extent of the auditing of fiscal records that will
be satisfactory to the State. When I have more information on this subject, I
will forward it on to you.
Thanks.
Attachment
PRINTED BY UNION LABOR-LOCAL 444.AFL-CIO•LOCAL 616.SEIU 0
Attachment B
JOINT EXERCISE OF POWERS AGREEMENT FOR
ABATEMENT OF ABANDONED VEHICLES
This Agreement is entered into and becomes effective
, by and between the undersigned public agencies,
referred to collectively as the "Agencies;"
WITNESSETH
Vehicle Code Sections 9250.7 and 22710 (Stats. 1990, Ch. 1684)
authorize the creation of a service authority for the abatement of abandoned
vehicles with the power to impose a $1 vehicle registration fee, if a two-thirds
vote of the Board of Supervisors and a majority of the cities having a majority
of the incorporated population adopt resolutions establishing such an authority.
Government Code Section 6500 et seq.provides that two or more public
agencies by agreement -may jointly exercise any power common to the
contracting parties. It is the intent of the parties to this agreement that a
service authority be created to exercise the powers granted them by Vehicle
Code Sections 9250.7 and 22710.
NOW, THEREFORE, the Agencies agree as follows:
1. Qhj.ective. The purposes of this agreement are to impose a$1 vehicle
registration fee and to provide a means of preparing, adopting, revising, and
carrying out an abandoned vehicle abatement plan and program as herein set
forth.
2. Creation of the Alameda County Abandoned Vehicle Abatement
Authority. There is hereby created the Alameda County Abandoned Vehicle
Abatement Authority to exercise in the manner-set forth �n iris Agi�er,�e�zt the
powers common to each of the Agencies. The Authority shall be a public entity
separate from the Agencies. No debt, liability, or obligation of the Authority
shall constitute a debt, liability or obligation of any agency.
I
Abandoned Vehicle Abatement Authority
Date
Page 4
The functions of auditor shall be performed for the Authority by the
Auditor of Alameda County. The Auditor shall draw warrants to pay demands
against the Authority when the demands have been approved by the Authority
or by a person authorized by the Authority to so approve.
There shall be strict accountability of all funds and the Auditor of the
County of Alameda will report to the Board of Control all receipts and
disbursements. In addition, the Auditor of the County of Alameda will either
make or contract for an audit of the-accounts and records at least annually as
prescribed by Section 6505 of the Government Code. In each case the
minimum requirements of the audit shall be those prescribed by the State
Controller for special districts under Section 26909 of the Government Code
and the audit shall conform to generally accepted auditing standards.
9. Amendments. This Agreement may be amended by the affirmative
vote of the legislative bodies of the County of Alameda and a majority of the
cities having a majority of the incorporated population within the County.
10. Notices. All notices to Agencies shall be deemed to have been given
when mailed to the legislative body of each member agency. .,
IN WITNESS WHEREOF, each Agency has executed approval of this
Agreement and filed said approval with the Clerk of the County of Alameda
and said signatures are listed below or attached hereto.
For the City of Alameda For the City of Albany
Date: Date:
Attest: Att,�st:
For the City of Berkeley For the City of Dublin
Date: Date:
Attest: Attest:
Attachment B
Abandoned Vehicle Abatement Authority
Date
Page 5
For the City of Emeryville For the City of Fremont
Date: Date-
Attest: Attest:
For the City of Hayward For the City of Livermore
Date: Date
Attest: Attest:
For the City of Newark For the City of Oakland
Date: Date:
Attest: Attest:
For the City of Piedmont For the City of Pleasanton
Date: Date:
Attest: Attest:
For the City of San Leandro For the City of Union City
Date: Date:
Attest: _ Attest.—
For the County of Alameda
Date:
Attest:
TACHMENT C
ALAMEDA COUNTY PLANINilN �-j lir-rArc1 IVIr-IN 1
• Development Planning • Housing&Community Development • Policy Planning&Research • Zoning Administration&Enforcement
399 Elmhurst Street, Ha),\Avard, CA 94544 (510) 670-5400 FAX (510) 785-8793
DATE: June 25, 1992
TO: Abandoned Vehicle Authority Mailing List
FROM: Steve Richards, Alameda County Planning Department
SUBJECT: Status of Submittals
The due date to submit to the State for approval of an Abandoned Vehicle
Abatement Authority is October, 1992. As we approach that date, many of you
have asked about the status of the other Cities. Also this is an opportunity to
let you know what I have a copy of, and what I do not.
The table on the reverse side lists the Participating Agencies and the items
needed to submit to the State. A "Y" indicates that I have a copy or the
information and an "N" indicates that I do not. If your City has taken an action
and the table shows "N", you need to send a copy or forward the information
to me. In a couple of instances, the table is a slight over-sanplification of the
submittals and I will be contacting the Cities where this might preclude or delay
their participation in the Authority.
As you can see, we are well on our way. I think other Counties are working on
setting up their own programs so I expect the State may be busy reviewing
these programs in October. I suggest we press on and submit our program as
soon as possible to beat the rush. Thanks for your efforts.
PRINTED BY UNION LABOR-LOCAL 444.AFL-CIO-LOCAL 616.SEIU G
ALAMEDA COUNTY
ABANDONED VEHICLE ABATEMENT AUTH-ORITY
STATUS OF SUBMITTALS
June 25, 1992
Agencies Resolutions
p ode # V�es 72 H-- r TWe
y y N N
Alameda y y y
Albany N N N N N
Berkeley N N N N
Dublin N y y
Emeryville N N N N N
N N
Fremont N y y
y N y
Hayward N y y y
Livermore y N N
Newark y N y N N
y N N N
Oakland y N y y
Piedmont N N N N
Pleasanton N y y
San Leandro y y y y y
y N y y y
Union City N N y
County
Resolution(sl: One or two resolutions from City Council including 1) City
participation in the Authority, 2) City endorsement of the Abandoned Vehicle
Ci support Abatement Program and 3) City for the $1/ vehicle fee.
JPA: City Council approval and authorization to place an authorized signature
P. Hint EYPTrice Of po:vers Aureement.
nn the..h
Code: A copy of the City Code or Ordinance for abatement f the of e abandoned
vehicles in accordance with Sections 22660 and 2266
# V_ e es: An estimate of the number of abandoned vehicles addressed per
year, usually the number addressed last year.
72 H e: Of the total number ohvehicles eendunmoved rfor 72 how
ours a as
were towed or abated simply for g
opposed to any other violations of local code; t a total and has ranged from
date, this has been expressed as a percentag e of
65% to 90010 with the median being around 73%.
`California E°T
HIGHWAY PATROL --' - = ; ; NPHe"
ABANDONED VEHICLE '
ABATEMENT '
PROGRAM* .
GUIDELINES
AVA
ED �
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�� .. i.`(•gtX ..i.: .�'•.It i ., rf',{•. .
"i. .. .fir' 11~ •'),..�.:� ' _
DEPARTMENT OF CALIFORNIA HIGHWAY PATROL
ABANDONED VEHICLE ABATEMENT GUIDELINES FOR SERVICE AUTHORITIES
THIS PUBLICATION MAY BE PURCILkSETJ F ? -
$4 .S5 EACH PLUS CALIFORNIA STATE SALES TAY
July 1991
i HPH '67.1
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'
`. y
FOREWORD
The purpose of this publication is to provide uniform guidelines for the
establislunent 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 .Ahandoned Vehicle Abatement Plans.
ti R
R'r
j= inquiries regarding this publication or the Statewide Abandoned Vehicle
Abatement Progra.t should be directed to the California Highway Patrol,
Investigative Services Section, P. 0. Box 942898, Sacramento, CA, 94298-0001,
or at (916) 445-0752.
t •
OFFICE OF THE COy-gISSIONER
DISTRIBUTION: 3A E C S
ii HPH 87.1
f ,TABLE OF CONTENTS
PAGE
CHAPTER 1 - CE14ER.AL INFORMATION Y.;=::• 1-1
ESTABLISHMENT OF THE CURRENT ABANDONED VEHICLE '
ABATEMENT (AVA) PROGRAM
Historical Perspective of the Statewide AVA Program 1-1
Establishment of the Current Statewide AVA Program "
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 I-Z
Private Property 1-3
CHAPTER 2 - REFERENCE SOURCES RELATING TO ABANDONED VEHICLES-. 2-1
PURPOSE 2-1
VEHICLES OF HISTORIC VALUE 2-1
CVC Section 5004 2-1
ABANDONED VEHICLE TRUST FUND - 2-2
CvC Section 9250.7 2-2
ABANDONMENT PROHIBITED 2-2
CVC Section 22523 2-2 -
PRESUMPTION OF ABANDONMENT 2-3
CVC Section 22524 2-3
LOCAL ABATEMENT PROCEDURE 2-3
CVC Section 22660 2-3
CONTENTS OF ORDINANCE 2-4
CVC Section 22661 2-1
DISPOSITION OF VEHICLES OR PARTS 7-5
CVC Section 22662 �.
ADMINISTRATION OF ORDINANCE 2-e
CVC Section 22663 2-6
"" iii HPH 87.1
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,:.:-•;,: ..,-XPAGE
•J.
WAIVER: REPORTING REQUIREMENTS AND FEES
22664
CVC .Section- - :•' 2-6
ADMINISTRATION OF LOCAL PROGRAMS BY HIGHWAY PATROL 2_7 ,
CVC Section 22665 2-7
REGULATIONS OF HIGHWAY PATROL - :��_ i '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 29
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 2-15
ABATEMENT OF NUISANCE; ORDINANCE TO ESTABLISH
PROCEDURE; CONTENTS; FAILURE TO PAY COSTS; SPECIAL
ASSESSMENT AGAINST PARCEL; COLLECTION; 'NOTICE OF
ABATEMENT LIEN; RECORDATION; EFFEC"; _:_16
California Government Code (CGC) Sec on 25845
iv
HPH 87 .1
•• r, f _ •PACE
SECOtiDnOR SUBSEQUENT CIVIL OR CRIMINAL JUDGMENT; —
ABATEMENT OF NUISANCE; TREBLE DAMAGES "' ''2-17
CGC 'Section 25845.5
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
Establistunent of a Service Authority 3-1
Service Fee 3-1
Abandoned Vehicle Trust Fund 3-1
..,
Membership 3-1
Service Authority Staffing " -
" 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 CUP 3-6
v HPH 87.1
CHAPTER 1
GENERAL INFORMATION'
1. ESTABLISHHENT OF THE CURRENT ABANDONED VEHICLE ABATEMENT (AVA) PROGRAM.
a. Historical Perspective of the Statewide AVA Program. California
establishQd 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
establislument 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
Higliway 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 fron 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 reco_:ended 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 core efficient local agencies. The Legislature recognized
that the problem of abandoned vehicles was continuing to brow, 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 1989 , the Legislature enacted legislation designed to aid local
goveviL--,ents 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 govenunents, they
-Still didn't provide local goveriLments with sufficient resources to deal
with the growing abandoned vehicle problem.
b. Establish ent 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 c"
five years , a funding source for "'he abatement of abandoned vehicles by
cz;L:;l`y base_ se:-vice Author:'.`. pursuant to the pvovisi^ ,_ CiC Sectic..
22710.
1-1 HPH 87.1
DEFIIITTIO17 OF TERNS. /
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, promptes 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. AbIn*doned 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
irnlobilized 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 i m ediately 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 put-poses of this program.
d. Dismantled Vehicle. Any vehicle that is partially or wholly
disassembled.
e. Inoperative Vehicle. kny motor vehicle that cannot be moved under its
own power.
f. Public Property. This term is co,only used as a designation of those
things which are considered as being owned by "the public," the entire state
ov c;o;r unity, and iiot restricted to dominion of a private person. It may
also apply to any property owned by a state, nation or municipality.
HPH 87 .1 1-2
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.1 � .. - •�, �'r ':,`:`:w:y1:=•i'r'j.. _ a� '` !•+fit.. •
S, Ptiyate Property. Sucil property as belottgs'.absolutFly to an individual,
and
of which he or she has the exclusive right -of disposition;:.::Property of
' a specific, fixed attd tangible nature, :capable of ,being in possession and
transmitted to attottter, such as houses, lands, vehicles,-etc.
1-3 RPH 81_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 Lo 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 Hotor Vehicles) ,
be issued special identification plates for the vehicle:
(a) Paragraph (1): "A motor vehicle with an engine of 16 cc 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 (b) : "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, coT=encing with Horseless
Carriage ho. 1. The special identification plates assigned to vehicles
specified in paragraph (3) of subdivision (a) shall run in a separate
numerical series, coraencing 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 manne,. , replacement for the plates may be obtained from the depa=_-,
(DepartmenL of Hotoc Vehicles) up:: _ :-op-! _? ;_,.^. st:Z 1:-.n Payment c'
sucl, fee as is provided for in Section 9265."
2-1 HPH 87.1
(4) Subdivision (d) : "All funds received by the department in payment
. :.aces or the replacement then shall be
for such identification
deposited in the California Environmental License Plat, and.
(�) Subdivision (e) : "These vehicles shall not be exempt from the
equipment provisions of Sections 26709, 27150," 2nd 27600."
(6) Subdivision (f) : "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
llistoris ,vehicle club activities." _
3 . ABA21DOITED VEFICLE 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 ($1) on vehicles registered
to an owner with an address inaid the
tocounty de department (Department established
of Rotor Service Authority. The fee shall be p P P
Vehicles) at the time of registration, or renewal of registration, or when
renewal becommes 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 Rotor Vehicles),
after deducting its ad.;,inistrative 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
created. 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."
ABA"nnI'r E\T Fn0i-lI5IlED.
a. CVCic 22523 .
(1) Subdivision (a) : "No pec•son shall abandon a vehicle upon any
highway."
2-2
1{p�i
8 7 .1
(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 conoicted of •n 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 retu need to the lienholder a Declaration of Opposition fora .
within the time specified in Section 22851.8,"
5 . - PRESUu?TFOti Or A3ANDONHENT.
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, 19S9 ."
6 . LOCAL "ASATE?!ENT PROCEDURE.
a . CVC Section 22660.
(1) "Notwithstanding any oLhar provision of law, a city, county, or city
and county may adopt an ordinance establishing procedures for the
2-3 K?H 87.1
abatement and removal, public nuisances, of abandonee wrecked,
dismantled, or inoperat vehicles or parts thereof f► lrivate on
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."
•7 . 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 Rotor 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) : "Taking 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 irmediate threat to
public health or safety, provided that the property owner has signed a
release authocizing •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 the registered and legal owners of intent to dispose of the
vehicle or part, and if the vehicle or part is not claimed and removed
after 12 days after the notice is mailed, from a location specified in
.IipH 61 .1 2-4
Section 22662, final disposition may proceed. No local agency or
cotltractor 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 iupon 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 ajid of the owner of the vehicle. The
statenent shall include notice to the property owner that he (or she)
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 rail, to the owner of the land as shown on the last equalized
assess ent 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."
ke) Subdivision (e) : "The requirement that a public bearing be held
before the governing body of the city, county, or city and county, or
any other board, con,nissioner, 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 such time period, this statement shall be construed as a
request for hearing which does not require the presence of the owner
sub-mitting such request. If such a request is not received within such
period, the appropriate public body, agency, or officer shall have the
authority to re_nove 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 5003, in which
case the vehicle may be reconstructed or made operable."
(g) Subdivision (g) : "Authorizing the owner of the land on lhic4
vehicle is located to appear, in person at the hearing c. sWo ;.
written statement denying responsibility for the presence o: the vehicle
on the land , with his (or her) reason for such denial. If it is
deter-Mined at the hearing that the vehicle was placed on the land
2-5 H?H 67.1
subsequently acquiesced in its presence, then the local authority shall
trot assess costs of a " Inistration or removal of the -chicle against the
i property on which the hicle is located or otherwis tempt to collect
such cost from the owner."
8. DISPOSITION OF VEHICLES OR PARTS. '
a. CVC Section 22662.
(1) "Vehicles or parts thereof may be•disp_osed 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
cormercial channels of disposition are not available or are inadequate,
and it may mke 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 . ADHIttIST?ATION 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 exam ine a .vehicle . :
or parts thereof, obtain infonation 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: RE?OaTING BEOUIRE'He.NTS AND FEES.
a. CVC Section 22664 .
(1) ••A,-Iy licensed dis„antler or cor,nercial .enterprise acquirin; vehicles
removed pursuant to such ordinance shall be excused from the repo rt iv.;
requirements of Section 11520; and any fees and penalties which would
otherwise be due the Department of Rotor Vehicles a:e hereby waived,
provided that a copy of the resolution or order au-'.c-izing disposition of
the vehicle is retained in th:? c- con-:.: enterprise's
business records."
HPH2-6
87 .1 -
1
11. ADMIt]ISTRATION 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
lei , ABANDONED VEHICLE T FUND: PROHIBITED DISBURSER S,
a. CVC Section 22668.
(1) "Ilo 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
22710."
15. REMOVAL OF ABANDONED VEHICLES.
a. CVC Section 22669.
(1) Subdivision (a) : "Airy 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
(convnencing with Section 830) of Title 3 of. Part 2 of the Penal Code, or
other designated employee of the state, county, or city in which the
vehicle is located that the vehicle 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) ov
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 of, 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. REFOVAL 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 the provisions of
this chapter."
18. SERVICE AUTHORITY FOR TIRE ABATE ENT OF ABANDONED VEh`ICLES.
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 ally 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 underta'xe ally
act coiivenient or necessary to carry out any law relating to the
authority. The authority shall be staffed by existing city and county
personnel."
2-9 kPH 67.1
'(3) Subdivision (c) :
(1) ; "Notwithstanding any other provision of law
(a) Subparagraph , a
service authority may adopt an ordinance esLablishing 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 Lo Section
25845 or 35773.5 of the Government Code; or assumption by the service
authority, of costs of administration and LhaL removal and disposal.
The at tual removal and. disposal of vehicles shall be undertaken by '2n
entity which may be a city or county or the deparLmenL (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 pursuant to
Section 9250.7 and this secLion 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 f Qr abandoned vehicle .
abatement progra.,is. An authority's abandoned vehicle abatenent plan and
program shall be consistent with those guidelines, and shall provide
for, but not be limited to, an estimate of the number of abandoned
vehicles, a disposal and enforcement strategy including contractual
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 recommend aLions 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 deter-.,lined
by the department to be consistent with the guidelines , shall submit the
plan to the Controller by the following January 1. . =x_epL 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 pursuallL to subdivision (d) may be revised pursuant to the
procedure prescribed in subdivision (d) , including compliance with any
HPH 57 .1 2-10
dates des�tibad tlieraiii 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
sliall 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."
(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 REHOVAL: RELEASE TO OWNER.
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 ov 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 vehicle to be stored may, in its discretion,'
the agency which caused
issue a notice to appear for the registration violation."
(2) Subdivision (b): "At every storage facility there shall be placed in
to the effect that a vehicle placed in
a conspicuous place a notice
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 ON STORED VEHICLE.
a. CVC SecLion 22551.
(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 ov her compensation for towage and for caring for and
keeping safe the vehicle for a period not exceeding 60 days or, if ar_
application for an authorization to conduct a lien sale has been file_
pursuanL to Section 3068.1 of the Civil Code within c:Le= the -
re.moval of the vehicle to the garage, 12C days and, if the vehicle is not-
re I covered 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 RPH 87.1
in t1115 article:. Tile lion shall not be assigned. ' Possession of the
vehicle is deemed to ar when the vehicle is removed is in transit.- �1
(2) Subdivision (b): 1-110 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
domand. 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
o[ ,.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 deterwlines
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) : "Immediately after removal of the vehicle, 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 Voter
Vehicles either directly or by use of the California Law Enforcement
Telecon�unicaLions System. This subdivision does not require the public
agelicy or lienholder to obtain a copy of the actual record on file aL
the Department of Y.otor Vehicles."
(d) Subdivision (d) : "Within AS hours of' the removal, excluding
weekends and holidays, the public agency which removed, or caused the
removal or , the vehicle, or at the request or the public agency, the
HPH 57 .1 2-12
lienliolder shall send notice to the registered and legal owners at their
addresses of record with the DepactmenL 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 or 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 make, license plate number, vehicle identification number, and
mileage."
3 Subparagraph (3) : "The authority and purpose for removal of the _
vehicle."
4 Subparagraph (d) : "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
o£, the vehicle to detecmine 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 leer agent, disagrees with the decision of the public agency,
the decision may be reviewed pursuant to Section .11523 of the
GovernmenL Code; and that during the time.-or the initial heating, 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 o£."
(e) Subdivision (e) :
1 Subparagraph (1) : "Any requested hearings shall be conducted
within AS 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 sane 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 bearing
requirement of this Section."
(f) Subdivision (f) : "The public agency employin;
uLilizing the services of a conLc-acLor or franchiser pursuanL to
2-13 HPH 87.1
]Yul),llvision (b) of Sep•"on 22669, which removed, or c- id the removal
of, the vehicle and w i directed any towing or scot , 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 riot established." _
(g) Subdivision (g) : "27o 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 posLsLoraLe 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 postsLorage hearing was requested or
a posLsLurage hearing was not attended, the public agency which removed,
or caused the removal of, the vehicle shall provide the lienholder who
is storing the vehicle, on a form approved by the Department of Motor
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 o:
her agent within 15 days of the notice date, the lienholder who is
storing the vehicle may collect reasonable fees for services rendered,
but ray 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 agLhorizaLion for disposal
shall be fovwavded to the licensed dismantler within five days of
disposal to a licensed dismantler. A copy of the public agency's
authorization for disposal shall be retained by the lienholder 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 Telecor„municaLion 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 regisLeved 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 Enfo�cemenL Telecorr=nication System.”
HPH 57 .1 2-14
(1) Subdivision (1) : "A vehicle disposed of pursuanL to this section
shall not be reconstructed or made operable, unless iL is a vehicle
which qualifies for either hovseless carriage license plates or
historical vehicle license plates, pursuant to Section 5oo4, in which
case the vehicle may be reconstructed or made operable." .
22. APPRAISERS.
a. CVC Section 22355.
(1) -The. following persons shall have the authority to make appraisals of
the value of veliicles for the purposes of this chapter, subject to the
conditions stated in this chapter:"
(a) Subdivision (a) : "Any member of the California Hi&bway Patrol _ .
designated by the cocxnissioner."
(b) Subdivision (b) : "Any regularly employed and salaried deputy
sheriff or oLher employee designated by the sheriff of any county."
(c) Subdivision (c) : . "Any regularly employed and salaried police
officer or other employee designated by the chief of police of any city."
(d) Subdivision (d): "Any officer or employee of the Department or
hotor Vehicles designated by the director of the department."
(e) Subdivision (e) : "Any member of the California State Police
designated by the chief thereof."
(E) 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,
counLy, or city and county designated by .the board of supervisors or a
city council pursuant to subdivision (a) of Section 22669.°.
(h) Subdivision (h) : "Any regularly employed and salaried police
officer or other employee of the police department of a California StaLe
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) : "A::; and
officer or other employee =_rLm
Sc::a*—ion
--designated by the direcLo: c.�zaL department."
2-15 RPH 97.1
23. ABATEKEttT OF ITUISANCE- nRDINA2tCE TO ESTABLISH PROCEDURE; CONTENTS; /`'••
uAILUP.E TO PAY COSTS; :T AL ASSESStiENT AGAItJST PARCT "OLLECTIOtJ; l
NOTICE OF ABATEFFtTT LIEc+ RECORDATIOtJ 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"Lo 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 or the nuisance by the
county. However, nothing in this section prohibits the summary abatement
of a nuisance upon order of the board of supervisors, or upon order of any
couclty officer authorized by law to. summarily abate nuisances; if the
board or officer determines that the nuisance constitutes an immediate
ttic•eaL 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 or delinquency as ace
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 the
cost of the abatement against the parcel, the board may also cause a
notice of abatemenL lien to be recorded. The notice shall, at a minimum,
identify the record owner or possessor of property, set forth the last
kiluwn address of the record owner or possessor, set forth the date upon
which abatemenL of the nuisance was ordered .by the board of supervisors
and Lhe 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 noL
cause the recovdaLion of a notice of abatement lien pursuant to
subdivision (c) , and any real property to which the costs of abbatement
relates teas been transferred or conveyed to -a bona fide purchaser: fcr
value, or a lien on a bona fide encumbrancer for value has been created
and attaches to thaL ,pvoperty, 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
tvaclsfevved to the unsecured roll for collection."
tiPH
S7 .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 (commencing 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 'judgmenL
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."
16) 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 abaLemenL of a public nuisance, to a hearing
board designated by the board of supervisors. The hearing board shall
make a wriLten 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 SUBSEOUENT CIVIL OR CRIMINAL JUDGMENT; ABATEHENT OF NUISANCE;
TREBLE DA_}L AGES.
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 ABATEHENT LIEN• ORDINANCE• PROCEDURES; FEES.
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
sununolls ill 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 67.1
procedure. If the owttOr of record, after diligent search cannot be
, found,the notice may served by posting a copy then in a conspicuous
place upon the property for a period of 10 days and PL _icaLion thereof ill
a newspaper of general circulation published- in the county in which the
properly 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, effect, and
priority of a judgment lien."
(a) Subparagraph (1) "A nuisance abatement lien authorized by this
Section shall specify the amount of the lien, the name of the agency on
whose behalf the lien is imposed, the dale of the abatement order, the
street address, legal description and assessor's parcel number on which
the lien is imposed, and the name and address of Lhe recorded owner of
the parcel."
(b) Subparagraph (2) "In the event that the lien is discharged,
released, or saLisfied, either through 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
all action brought by the city for money judgment."
(d) Subparagraph (4) :
"NoLwithstanding 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 noLice to the properLy owner. A CiLy'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.parL of-its
foreclosure action to enforce the lien."
26 . ESTABLIS:HENT OF PROCEDURE FOR ABATEMENT OF 'NUISANCE; COST OF ABATEMENT
AS SPECIAL ASSESSHEiiT AGAINST PARCEL CONDITION RAKING COST NOT A LIEN.
a. CGC Section 38773 .5.
(1) "As at alte relative to the procedure authorized by Section 38773.1,
the legislative body may by ordinance establish a procedure for the
abatemenL of a nuisance and make the cost of abatement of a nuisance upon
a parcel of land a special assessmenL against that parcel. . The assessmenL
may be collected aL 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 nunicipal taxes. All laws applicable to the levy, collection and
HPH 87.1 2-18
�ti£orcem+�nt ;of municipal taxes
shall be-applicable Lolhe;special ' ;" ,:; -:. : :`.•
`• assessment.:,.•;However, if any real properly to which the .cost of .abatement
relates has been transferred or conveyed _Lo a bona fide purchaser for
value or if alien of bona fide encumbrancer 'for`value"has been •created
prior to the date on which the first insLallmariL of Laxes would become
delinquent, then the cost of abatement shall not result in'a lien against
the real property but instead shall be transferred Lo the unsecured roll .' .•
for collection. Iiotices or instruments relating to the abatement
proceeding or special assessment shall be entitled to recordation.-,.,.,-` ;..
27. SEC RID"OR SUBSE UEt7T CIVIL OR CRIMINAL JUDGMEIJT• ABATEMM. OF NUISANCE; "
TREBLE DAMAGES.
a. CGC Section 38773.7.
(1) "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. or property is responsible fur a condition that may be
abated it, accordance with an ordinance enacted pursuant to 35173.5, except
for conditions abated pursuant to Section 17980 of Lhe Health and Safety
Code, the court may order the owner to pay treble the costs or the
abaLemenL."
'•� 2-19 HPH 87.1
• S
1` CHAPTER 3
REQUIREHENTS FOR PARTICIPATINC SERVICE AUTHORITIES
1, GEttER.AL REQUIREMENTS.
a. Establislunent of a Service Autho . . 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 anal a majority of the cities having a majority of the incorporated
county have adopted resolutions providing for the
population within the
esLablishmenL of the authority and the imposition of the vehicle
registration fee. .
b. Se:-vice 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 ($1) 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 paymenL of registration fees under the provisions of the
California Vehicle Code are exempted from the requirement to pay the fee.
(2) The fee i-mposed by a .Service Authority Will remain in effect for a
period of five years after the date the Authority is in
(3) The Department of motor Vehicles will deduct its administrative costs
fro::, 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 deducL 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. 2iembe:•shio. Section 22710 0` L?'° California states ;.t• '_
the membership of the Autl'•: . :• :: • :'t :�._ .:_ ' _:ce o: th=
board of supervisors and a :c.;ajority vote of the cities wiL`.in the county
leaving a majority of the incorporated population.
3-1 EN 57.1
• e. same Authority SU -a&- The Set•vice Authority s' be stated by
exisLing county and ciLy personnel.
(1) "Existing personnel" means those persons 'employed by the county or
ciLy prior to esLablishment of the Service Authority.
(2) This indicates that personnel who are hired after the esLablislimenL
of the Service Authority cannot be funded -Lhrough 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 AuLhoriLy maY contract and undertake any act convenienL
or necessary to carry out any law relating to the AuLhoriLy.
(2) Notwithstanding ally 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
cles or parts thereof from: private or public property; and
inoperative vehi
for the recovery, pursuant to Section 25845 or 38773.5 of the Goveriumeat
mpLion of costs of administration, removal and disposal.
Code, or assu
g. Actual Re�oval atTd Dis osal of Vehicles. Section 22710 requires that
the actual removal and disposal of vehicles be undertaken by an entity which
tray be a county or city or 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 prohibiLed by those expressly prohibiLed in paragraph
suUpatagraph (2) of this chapLer.
i, Anoroval o[ t1Te Service AuthoriLv's Abandoned Vehicle Abatement Programs
and plans . The following are requirements relating to approval of a Service
Authority's Abandoned Vehicle AbatemenL Programs and Plans:
(1) A Service AuLltority's Abandoned Vehicle Abatement Program and Plan
shall be imply aeitted only with the approval of the DepartmenL of the
3-2
IiPH
67 .1
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 Pro&ram_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 reconvnendations 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) Airy 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 Prograir, 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 Serv_:a
shall cease to exist on the da!e " �'���°^�•'s ���:•_.' t_ ? 4 1�p - °_y
L 0�
pursuant to Sections 22710 and 3:: - >_-
3-3 HPH 87.1
2. GUIDELINES FOR THE DEVFLOPHENT OF ABANDONED VEHICLE ABATEMENT PROGRAMS :_
PLANS.
a. Abandoned Vehicle Abatement Plan Content Statement. The Abandoned
Vehicle Abatement Programs and Plans developed by service authorities
esLablished pursuant to Section 22710 shall, at minimum, contain the
following: '
(1) Required Resolutions. Copies of the following required resolutions
sliall be submitted as part of the Service Authority's approved Abandoned
Vehicle;..AbaLement 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 ($1) registration fee pursuant to the
requiremenLs 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
AuLhoviLy'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 .
Au.Lhovity, as required by subparagraph (2) of subdivision (d) of Section
22710.
(3) Covies of Ordinances. The approved Abandoned Vehicle Abatement
PL'ogram 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,
dis-nanLled, or inoperative vehicles or parts thereof from private or
public property.
1 Ally such ordinance shall meet all of the requirements of Section.
22660 acid 22661 of the Vehicle Code.
2 Hay alop': an existing ordinance which meets all the requiremenLs of
end 22661 of the Vehicle Code.
(b) Includes the ordinance(s) developed for recovery, pursuant to
Section 25545 or 3S773.5 of the Government Code, or assumption by the
Service AuLliovity,' of costs of administration and removal and disposal.
HPH S7 .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 or the Vehicle Code and local ordinances adopted for the purposes
or 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 agreements) 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 include 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 o r 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) Aovrooriate 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) Heasuves 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 Ylt'aSUCes for an I emlz @a account-ing Luc -Laic nunuuvuc.. ...•.••��
Fund monies expended by the Service Authority. .
(c) Measures for accounting for the
Service A vehicles 'or parts
Authority's S abatement, removal '
thereof abated as a result of the S _
and disposal efforts.
(d) Measures for conducting internal audits by the Service Authority.
The internal audits shall be conducted At least quarterly.
3. REPORTING REQUIRENEIITS.
a. Report to the Legislature. The Department of the California Highway Patrol shall prepare a report to the. Legislature by January 1,
report shall rate dthe
effectiveness of eh Code. _
Programs conducte p the
b. Quarterly Reports to OFT. In order to meet its othataeach�Service
Department of the California Highway Patrol requests
Authority, established pursuant to the provisions of Sections ections9250.7 an the
22710 of the Vehicle Code, submit on a quarterly basis
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
tc 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.
3-6
HPH 87 .1
CITY OF DUBLIN
c
ATTACHMENT E
MEMORANDUM
DATE: December 18 , 1991 /
FROM: James W. Rose, Captain
TO: Richard Ambrose, City Manager
SUBJECT: ALAMEDA COUNTY ABANDONED VEHICLE ABATEMENT PROGRAM
AB 4114 (CLUTE) , Chapter 1685, Statues of 1990, cities and counties
are authorized to establish Service Abatement Authorities and
impose a $1.00 motor vehicle registration fee on every vehicle
within the county for the abatement of abandoned vehicles. The
legislation requires that a service authority be developed and
approved by a majority of the cities having a majority of the
incorporated population in the county. Next, it must be approved
by the County Board of Supervisors and submitted to the California
Highway Patrol.
Once a city has decided that they want to participate in the
Abandoned Vehicle Abatement Program, they must pass a city
resolution stating their intent to be involved in the program. If
half the cities with the majority of the incorporated population
pass city resolutions stating their approval of the program, the
resolutions are then submitted to the County Board of Supervisors
for their approval. After the Board of Supervisors has approved
the vehicle abatement program, the program would be submitted to
the California Highway Patrol . The California Highway Patrol will
approve the program after making sure it is in accordance with
their guidelines for the abatement of vehicles.
The Department of Motor Vehicles would then charge a one dollar
additional fee to state registration fees and this money would go
into the State Abandoned Vehicle Trust Fund. The fund would then
be disbursed by the California Highway Patrol for the
administration and operation of abandoned vehicle programs. The
Highway Patrol would disburse the money to the counties who have
established a Vehicle Abatement Program.
Each city in the program would be given an allotment of money that
they could use for the abatement of vehicles. Each cities
allotment would be based on the population of the city. The City
of Dublin would have an estimated allotment of $18 ,334.50 based on
our population of 23 ,484 people, as indicated by the State
Department of Finance. The figure of $18,334.50 for the City of
Dublin is after DMV, State Controller and the Alameda County
Planning Department have each taken a 1% administrative charge.
c ''r
ALAMEDA COUNTY ABANDONED VEHICLE ABATEMENT PROGRAM
December 18 , 1991
Page Two
Each county with an approved vehicle abatement program would be
required to submit a report quarterly to the California Highway
Patrol . The Alameda County Planning Department would be
responsible for this quarterly report. and the information contained
therein would be from the cities participating in the abatement
program.
Cities that elect not to take part in the program, but whose county
has an approved abatement program, would still be assessed the
$1 .00 fee. The allotment from cities that do not participate, in
the program would be divided amongst the other participating cities
regardless. Cities can dissolve their participation in the
abatement program at any time.
One of the guidelines that C.H.P. requires for the vehicle
abatement program is that cities who have their own abatement
program, must be in compliance with CVC 22661. Section 22661 of
the California Vehicle Code sets forth the procedures for removal
of abandoned vehicles. Chapter 6.80 of the Dublin Municipal Code
is in compliance with California Vehicle Code 22661. Should the
City of Dublin elect to participate in the county abatement
program, we would continue to abate vehicles as we have always done
in accordance with CVC 22661 and Dublin City Ordinance, Chapter
6.80.
AB 4114 states "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 (CVC 9250.7) ." If for example the
Alameda County Abatement Program is not established until January
of 1993 , the fees would be imposed for the five year period ending
in January of 1998 .
Five years from the date the authority is established, the extra
$1. 00 registration fee can no longer be imposed and collected.
Money collected by the authority that is allotted to the City of
Dublin, and not used after this five year period would still be
available to the City. For example, if after the five year period
expires and the City of Dublin has $20,000.00 in collected
fees as part of our allotment, we can continue to use the money for
abatement until the money is expended. AB 4114 which created the
Abandoned Vehicle Trust Fund as it now reads in the California
Vehicle Code; section 22710(6) subdivision(F) states "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. "
ALAMEDA COUNTY ABANDONED VEHICLE ABATEMENT PROGRAM
December 18, 1991
. Page Three
I recommend participation in the Alameda County Abandoned Vehicle
Abatement Program for the following reasons: 1) The receipt of
funds back from the State will offset costs of abatement currently
occurring; the program specifically talks about a "Cost recovery
strategy" that allows the City to recover actual man hours spent
for the vehicle abatement, and it would be an opportune time to
hire a Sheriff's Tech for this function. 2) The City of Dublin will
incur no additional costs for abatement. 3) The City may withdraw
at any time for any reason and choose not to participate with no
penalty. 4) All monies allotted to the City of Dublin would be used
by the City until the money is expended.
A key element to successfully enacting a county abandoned vehicle
abatement program for 1992 is timing. The guidelines for this
program state that an approved abatement must be submitted to the
State Controller before January 1 of that calendar year.
ATTACHMENT F
D R A F T
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
ESTABLISHING THE ALAMEDA COUNTY
ABANDONED VEHICLE ABATEMENT AUTHORITY
WHEREAS Section 9250 .7 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
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RESOLUTION NO.
Page Two
BE IT FURTHER RESOLVED that the City Council of the City of
Dublin approved the Alameda County Abandoned Vehicle Abatement
Program dated 1992 , and a $1 vehicle registration 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 day of , 1992 ,
AYES:
NOES:
Mayor
ATTEST:
City Clerk
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