Loading...
HomeMy WebLinkAboutMINUTES - 09101991 - 2.1 ra TO: BOARD OF SUPERVISORS s ;-L- �l> Contra FROM: Phil Batchelor, County Administrator Costa ot n1 s September 3 , 1991 County DATE: sTq-coup t ABANDONED VEHICLE ABATEMENT SERVICE AUTHORITY SUBJECT: SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATIONS: 1. Accept report on status of forming an Abandoned Vehicle Abatement (AVA) Service Authority in Contra Costa County. 2. Adopt :resolution indicating the Board' s intent to join the Abandoned Vehicle Abatement Service Authority in Contra Costa County. 3 . Direct staff of the Sheriff-Coroner and County Administrator to proceed with formalizing a draft plan for the AVA Service Authority. 4. Direct that a status report on actions related to forming the Service Authority be made, within 30 days, back to the Board :for its further consideration. 5. Designate the County Administrator' s office to select the county representative to the Service Authority' s Board of Directors. BACKGROUND: In 1990, -the 'California State Legislature enacted AB 4114, Chapter 1684, which enables counties to authorize the creation of a Service Authority to handle the increasing problem of abandoned vehicles. Abandoned vehicles represent a public nuisance and a CONTINUED ON ATTACHMEN ..e-c_YES SIGNATURE: �j _RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE ✓ __APPROVE —_OTHER SIGNATURE(S): ACTION OF BOARD ON SepEem er 10, 1991 APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS 1 HEREBY CERTIFY THAT THIS IS A TRUE _ UNANIMOUS(ABSENT— ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON TIE DATE SHOWN. CC: ATTESTED County Administrator PHIL BATCHELOR,CLERK OF THE BOARD OF Sheriff-Coroner SUPERVISORS AND COUNTY ADMINISTRATOR Community Development GMEDA BY DEPUTY M382 (10/88) danger to the public' s health and safety. Funding for the Service Authority will be provided by the assessment of an additional j $1. 00 to motor vehicle registration fee. This is similar to the fee now charged for the Service Authority for Freeway Emergencies ( SAFE) program of call boxes. Until the passage of AB 4114, existing law imposed a $1. 00 vehicle registration fee for deposit in the Abandoned Vehicle Abatement Trust Fund which authorized and was supposed to fund local abandoned vehicle nuisance abatement programs. However, the State Legislature found other uses for the monies and much of the funding was never used for its intended purpose. AB 4114 abolished the state-wide program and stipulated that a County Service Authority could be established and the $1. 00 fee imposed if : "the Board of Supervisors ,of the County by a two-thirds vote, and a majority of the cities having a majority of the incorporated population within the County have adopted resolutions providing for the establishment of the authority and the imposition of the fee. " Section 22710, California Vehicle Code. AB 4114 further stipulated that if a County demonstrates a need for a Service Authority for Abandoned Vehicles and has the concurrence of the various county jurisdictions as indicated above, it was to submit a plan to the State for approval by August 1, 1991, for funding to begin January, 1992. However, the deadline for approval has been pushed back given the lateness ( July 29) that the guidelines for a county plan were generated by the California Highway Patrol. The CHP will be the reviewing state agency of any submitted plans. In addition, AB 4114 has a five year "sunset" clause which requires the CHP to report to the California State Legislature by January, 1996 on the effectiveness of the program. In anticipation of the guidelines, staff from the County. Administrator' s office and Sheriff Department began in February, 1991 to meet with various representatives of the cities to determine the extent of the abandoned vehicle problem in Contra Costa County, and if there was the need and interest to form an Authority. In February each city was asked to attend meetings to discuss the possible formation of a Service - Authority. The meetings were tailored to focus on gauging preliminary responses to both the implementation of the $1. 00 fee and reaction from cities to their willingness to join the County in cooperative effort. From the initial meeting, it was indicated that the only way the cities would support the creation of a Service Authority was if responsibility for removal was left with the cities as contracting agencies. A second concern was that no one wanted to participate unless the proposed Authority operating guidelines would be simple enough to minimize reporting and cost recovery methods. Based on those concerns, the Service Authority language was drafted (Attachment 1) which as of the date of this Board Order 14 cities 'have supported with resolutions. Those cities are: Antioch Orinda Clayton Pittsburg Danville Pleasant Hill E1 Cerrito Richmond Lafayette San Pablo Martinez San Ramon Moraga Walnut Creek Vehicle Removal Process In the cities, generally police or peace officers, such as _ parking control officers are responsible for the removal of abandoned vehicles. In the unincorporated areas, the County Sheriff performs this function. The California Highway Patrol (CHP) is supposed to be responsible for vehicle removal on public roadways but. the Sheriff has been performing most of the work. A suspect vehicle may be removed under the following two stipulation; of the California Vehicle Code: ♦ A vehicle has not been moved for 72 hours after being marked; or ♦ An officer has reasonable grounds to believe a vehicle is abandoned. Abandoned vehicles usually are given a 72 hour time frame unless there is substantial_ evidence to warrant its removal under the obviously abandoned provision. An obviously abandoned vehicle may have missing parts or is damaged making it inoperable and is usually removed immediately. If it is questionable whether the vehicle is abandoned, the officer will generally follow the procedures of .marking the vehicle for 72 hours. If the vehicle is not moved; the vehicle is to be removed at the time of the second contact. Under nuisance abatement, code enforcement officers may also remove vehicles. This generally means a noticing procedure to alert a property .owner of the problem and provide a set number of days for the .property owner to abate the nuisance. Establishment of the Authority In order to implement the provisions of AB 4114, the Board of Supervisors by a 2/3 vote must adopt a Resolution (Attachment 2) providing for , the establishment of the Service Authority and providing for the imposition of the $1.00 vehicle registration fee. This must be done in conjunction with resolutions adopted by a majority of the cities having a majority of the incorporated population. The Board of Supervisors and the cities must agree on the composition of the Service Authority. A draft agreement for such is attached (Attachment 1) . The Authority including its Board:-of Directors is to be staffed by existing county and city staff. Once formed, the Service Authority must prepare an abandoned vehicle statement program and plan. The initial draft-of such a plan is attached (Attachment 3) . To be consistent with the guidelines issued by the CHP (Attachment 4) . The plan must include but not be limited to: 1.. an estimate of the number of abandoned vehicles, 2. a disposal and enforcement strategy including contractual agreements, and 3 . have appropriate fiscal controls. The plan is to be submitted for CHP review by October 1, 1991. After receiving approval from the CHP on its plan, the Authority will transmit it to the State Controller office by January 1, 1991 for imposition of the additional $1. 00 fee on motor vehicle registration. , t Fund Distribution According to the latest. estimates by the California Department of Motor Vehicles, there are approximately 733 ,000 registered vehicles in this county. However, this is not the amount that the Service Authority would receive. from the State Controller. Administrative expenses by both the DMV and .Controller Is office are to be deducted from the general revenue generated by the new fee. Although no specific rates have been formally quoted, it is anticipated that the Authority would lose 10% to the administrative costs of the two state agencies. However, this is an area of contention as a similar program for freeway call boxes' has a 1% administrative cost being charged by the DMV and 'Controller. The net amount of monies will be transmitted at least quarterly to the State Treasurer for deposit in the Abandoned Vehicle Trust Fund. The money in the Fund is to be continuously appropriated to the State Controller for allocation. to the approved Service Authorities. Anticipating a worse case scenario of losing 10% in overhead costs, it is expected that in the first year the authority should realize approximately $660,000 for disbursement to participating members. From discussion at the general meeting, this disbursement is to be made on population percentages of each city and the county. The population figures will be generated by the Department of Finance each January. The county with approximately .19% of the total county population would stand to realize revenue of $125,400. Estimated revenue figures on each city are shown in Attachment 5. It is anticipated that the county would receive its first allocation in April, 1992. Conclusion After some effort a mechanism exists to fund activities for abandoned vehicle abatement. By agreeing to participate in this proposed Authority the Board will provide a better response to citizens on initial response, timely follow-up and reinspection and have beater coordination with other code enforcement efforts. It is recommended that. the Board: 1. Accept: this report on the status of the proposed AVA Service Authority. 2 . By a 2/3 vote pass the Resolution to join the Authority. 3 . Direct the County Administrator to continue efforts to secure the AVA Service Authority and plan and provide a transmittal to the Department of Motor Vehicles by October 1, 1991. 4. Request an additional status report on these efforts within 30 days. 5. Designate the County Administrator to provide appropriate staff to act as a representative on the Service Authority' s Board of Directors. ATTACHMENT 1 AGREEMENT FOR CONTRA COSTA COUNTY- ABANDONED VEHICLE ABATEMENT SERVICE AUTHORITY 1. PARTIES. The parties to this Agreement are the County of Contra Costa and those cities within the County that have elected to create and participate in - the Contra Costa County Abandoned Vehicle Abatement Service Authority as provided herein. 2. PURPOSE AND AUTHORITY. The purpose of this agreement is to establish a service authority for the abatement of abandoned vehicles in Contra Costa County pursuant to Vehicle Code section 22710 and Government Code section 6500 et seq. 3 . CREATION. Upon the effective date of this agreement, there is ' hereby created, the Contra Costa County Abandoned Vehicle Abatement Service Authority ( "Authority") as a separate public entity and distinct from the member jurisdictions to implement this agreement in accordance with Vehicle Code section 22710. 4. MEMERSHIP IN THE AUTHORITY. a. 'Membership in the Authority will be open to all cities participating in the authority. In addition the County of Contra Costa shall be entitled to membership. b. The duties of the Committee will include but are not limited to preparing and recommending to the County Board, of Supervisors and city councils action on the Abandoned Vehicle Abatement Program and considering, modifying and approved quarterly and annual reports. C. Board members shall consist of seven persons with two members each from: 1. The' west county cities of El Cerrito, Hercules, Pinole, Richmond and San Pablo. 2. The central county cities of Concord, Danville, . Lafayette, Martinez, Moraga, Orinda, Pleasant Hill, San Ramon and Walnut Creek. 3 . The east county cities of Antioch, Brentwood, Clayton and 'Pittsburg. 4. A county representative as appointed by the Board of Supervisors. _1_ ti r t r d. Duties of the Board of Directors are to include but not be limited to the following: . , 1. Preparing and submitting to the State' for approval of a service plan. 2. Conducting and reporting the results of, any survey, studies, or 3. Managing the financial affairs of the Authority and not less than annually report the financial status of the operations of Authority. 5. VOTING RIGHTS. Each member 'of the Authority shall be entitled to one vote. 6. BOARD OF DIRECTORS. The Authority shall be governed by a seven member Board of Directors, to be appointed by the members of the Authority. 7.- POWERS AND DUTIES. a. Contracts and Acts. Pursuant to Vehicle Code section 22710(b) , the Authority may contract and may undertake any , act convenient or necessary to carry out any law -relating to the Authority, including acts necessary to ensure that the vehicle registration fee authorized by Vehicle Code section 9250.7 is used in accordance with the requirements of Vehicle Code section 22710. b. Ordinance. Pursuant to Vehicle Code section 22710(c) (1) , the Authority shall adopt an ordinance establishing procedures for the abatement, removal, and disposal, as public nuisances, of abandoned, wrecked, dismantled, or inoperative vehicles or parts thereof, from private or public property; and for the recovery, pursuant to section 25845 or 38773. 5 of the Government Code, or assumption by the Service Authority, of costs of administration and of that removal and disposal. The actual removal and disposal of vehicles shall be undertaken by either the County., a city, or the Department of the California Highway Patrol ("CHP" ) , pursuant to contract with .the Authority. C. Program and Plan. Pursuant to Vehicle Code section 22710 (d) , the Authority shall implement an abandoned vehicle abatement program and plan following approval of the program and plan by the -2- County of Contra Costa -and a majority of the cities having a majority of the incorporated population. ..The program and plan shall be consistent with guidelines prepared by the CHP. d. Restriction. The manner of exercising powers granted the Authority by this agreement shall be subject to the same restrictions as are imposed upon. the County of Contra Costa in its exercise of similar powers. 8. FEE. Pursuant. to Vehicle Code section 9250.7, the Authority hereby imposes an annual service fee of one dollar ($1) on vehicles registered to an owner with an address in the County, including the incorporated cities, provided the abandoned vehicle abatement program and plan, referred to in section 6.c, above, is approved by the County and a majority of the cities having a majority of the incorporated population in substantial compliance with Vehicle Code section 22710(4) . 9. MEETINGS. The Authority and the Board of Directors 24-na,l: m et as necessary to carry out the purpose and duties of the Authority. 10. STAFF. Pursuant to Vehicle Code section 22710(c) , the Authority shall be staffed by existing county and city personnel. The Authority shall compensate the jurisdiction providing staffing to the Authority. 11. AUDIT. There shall be strict accountability of all Authority funds. The County Auditor shall be the auditor. for the Authority. The Auditor shall report all receipts and disbursements to the Authority, and make or contract to make an annual audit of the Authority' pursuant to the requirements of Government Code section 6505. 12. FUNDS. The funds received by the Authority from the one dollar ( $1) registration fee shall be used in accordance with Vehicle Codf; exon 22710(c) (2) , and Sjtmery be distributed to they` ci ie and the County for their -use in accordance with Vehicle Code section 22710(c) ( 2) . 13 . DEBTS AND ' LIABILITIES. The debts, liabilities, and obligations of the Authority shall . not be the debts, liabilities, and . obligations of the member jurisdictions, or any of them. 4dd 14. AMENDMENT. This agreement may be amended upon majority vote of all member jurisdictions. -3- • 1 1. 11 1 15 . TERMINATION BY MEMBERS. Subject to Vehicle Code section 22710, this agreement may be terminated by member jurisdictions as follows: a. Individual Member Jurisdictions. A member jurisdiction may terminate its participation in this agreement and the Authority immediately by providing written notice to the County any time before the abandoned vehicle abatement program and plan is approved pursuant to Vehicle Code section 22710(d) . Notice to the County shall be delivered to the Sheriff-Coroner, Support Services Division, 40 Glacier Drive,' Martinez, California, 94553. After the abandoned vehicle abatement program and plan has been approved, a member jurisdiction may terminate its participation in this agreement and the Authority by providing 30 days' written notice of such termination to the Authority and the other member jurisdictions. However, termination shall not relieve a member of its duty to comply with the abandoned vehicle abatement program and plan, Vehicle Code section 22710 and, the regulations adopted pursuant thereto, this agreement and the rules of the Authority as to any funds received from the Authority. Notice of termination may be rescinded upon written notice to the Authority and the other member jurisdictions at any time before the effective date of termination. b. ' Majority. This agreement may be terminated at any time by a majority of the member jurisdictions voting to dissolve the Authority. 16 . TERMINATION. The Authority shall cease to exist on the date that all revenues received by the Authority pursuant to Vehicle Code section 9250.7 have been expended. 17. COUNTERPARTS. This agreement may be executed in counterparts which, taken together, shall constitute one and the same agreement. -4- 18. EFFECTIVE DATE. This agreement becomes effective upon its approval by the County Board of Supervisors by two--thirds vote, and a majority of the cities having a majority of the incorporated, population within the County. COUNTY. OF CONTRA COSTA ATTEST: Phil Batchelor, Clerk of Board and County By: Administrator Board Chair By: Deputy FORM APPROVED: VICTOR J. WESTMAN, DATE AND NO. OF AUTHORIZING COUNTY COUNSEL RESOLUTION: By: CITY OF ANTIOCH FORM APPROVED: By: By: DATE AND NO. OF AUTHORIZING ATTEST: RESOLUTION: By: CITY OF BRENTWOOD FORM APPROVED: By: By: DATE AND NO. OF AUTHORIZING ATTEST: RESOLUTION: By: CITY OF CLAYTON FORM APPROVED: . By: By: DATE AND NO. OF AUTHORIZING ATTEST: RESOLUTION: By: -5- CITY OF CONCORD FORM APPROVED: By: By: DATE AND NO. OF AUTHORIZING ATTEST: RESOLUTION: By: CITY OF DANVILLE FORM APPROVED: By: By: DATE AND NO. . OF AUTHORIZING ATTEST: RESOLUTION: By: CITY OF EL CERRITO FORM APPROVED: By: By: DATE AND NO. OF AUTHORIZING ATTEST: RESOLUTION: By: CITY OF HERCULES FORM APPROVED: By: By: DATE AND NO. OF AUTHORIZING ATTEST: RESOLUTION: By: CITY OF LAFAYETI'E FORM APPROVED: By.: By: DATE AND NO. OF AUTHORIZING ATTEST: RESOLUTION: By: CITY OF MARTINEZ FORM APPROVED: By: By: DATE AND NO. OF AUTHORIZING ATTEST: RESOLUTION: By: _ _6- r r CITY OF MORAGA FORM APPROVED: By: By: DATE AND NO. OF AUTHORIZING ATTEST: RESOLUTION: By: CITY OF ORINDA FORM APPROVED: By: By: DATE AND NO. OF AUTHORIZING ATTEST: RESOLUTION: By: CITY OF PINOLE FORM APPROVED: By: By: DATE AND NO., OF AUTHORIZING ATTEST: RESOLUTION: By: CITY OF PITTSBURG FORM APPROVED: BY: By: DATE AND NO. OF AUTHORIZING ATTEST: RESOLUTION: By: CITY OF PLEASANT HILL FORM APPROVED: By: By: DATE AND NO. OF AUTHORIZING .ATTEST: RESOLUTION: By: -7- CITY OF -RICHMOND FORM APPROVED: By: By: DATE AND NO. OF AUTHORIZING ATTEST: RESOLUTION: By: CITY OF SAN PABLO FORM APPROVED: By: By: DATE AND NO. OF AUTHORIZING ATTEST: RESOLUTION: By: _ CITY OF SAN RAMON FORM APPROVED: By: By: DATE AND NO. OF AUTHORIZING ATTEST: RESOLUTION: By: CITY OF WALNUT CREEK FORM APPROVED: By: By: DATE AND NO. OF AUTHORIZING ATTEST: . RESOLUTION: By: _ ' ATTACHMENT 2 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order oneptemh�10, 1 9gi , by the following vote t AYES: Supervisors Fanden, Schroder, McPeak, Torlakson and Powers NOES: None ABSENT: None ABSTAIN: None SUBJECT: Providing for Establish- ) ment of Contra Costa County ) Abandoned Vehicle Abatement ) RESOLUTION 91/628 Service Authority ) The Board of Supervisors of the County of Contra Costa resolves as follows: Vehicle Code sections 9250.7 and 22710 provide for increased vehicle registration fees to be used for abandoned vehicle abatement provided the County of Contra Costa and a majority of the cities in the County containing a majority of .the incorporated population establish a service authority pursuant to Vehicle Code section 22710 and authorize the imposition of a one- dollar-per-vehicle registration fee on all vehicles registered in Contra Costa. County. The number of vehicles abandoned on public and private property is constantly increasing, and it is increasingly difficult for the County to fund programs to abate abandoned vehicle. nuisances. Therefore, it is appropriate that this Board authorize the! County to join in the establishment ofa Contra Costa County abandoned vehicle abatement service authority to approve the imposition of the one-dollar-per-vehicle annual registration fee on all vehicles registered in Contra Costa County, so that the additional registration fee may be used to fund abandoned vehicle abatement programs . NOW, THEREFORE, BE IT RESOLVED that the Board Chair is authorized to execute the Joint Exercise of Powers Agreement for the formation of the Contra Costa County Abandoned Vehicle Abatement Service Authority, a copy of which is, attached hereto. LTF/jh:df d-S:a:\ltf\raaol\vahi.cla.f 1 hereby certify that this is a true and correct copy of • an action taken and entered on the minutes of the Board of Superviso on he date shown. ATTESTED: PHIL BATC ELOR,Clerk of the Board of SuperAsors and County Administrator Orig. Dept. CAO CC: County Administrator By ,Deputy 1 p ATTACEMENT 3 D 0 DDaC�� DRAFT DOCUMENT #1 CITIES AND COUNTY OF CONTRA COSTA ABANDONED VEHICLE ABATEMENT SERVICE AUTHORITY PLAN A. Purpose The purpose of this plan is to establish operation of a service authority under the provisions of AB 4114. The. service authority is to be known as the Contra Costa County Abandoned Vehicle Abatement Service Authority. The purpose of the Authority' s plan shall be the exercising of certain operations as set forth below which will assure the citizens of the cities and county of Contra Costa that abandoned vehicle abatement activities are conducted in a manner most consistent with the good of the general public. B. Authority Organization 1. Membership in the Authority is open to all cities adopting resolutions providing for the establishment of the Service Authority within Contra Costa County and imposition of an additional one dollar ( $l). collected on motor vehicle registration fees. 2. The Authority is to be governed by a Board of Directors. The Board of Directors will be comprised of representatives from six of the membership cities and a county representative. a. The six city representatives will be from each of the three 'main geographical regions of the county (i.e. , East, West and Central) . b. Members will serve staggered one and two year terms on the Board of Directors.. C. The Board of Directors shall be responsible for the administration and 'management of the Service Authority Plan. C. Resolutions Enclosed as Attachment A. are copies of the resolutions providing for the establishment of the Service Authority. That Service Authority is comprised of the county and the following cities: . (To be listed- in alphabetical order. ) Jurisdiction Population* 1 City of 2. . City of 2 - ' 3. City of 4. City of 5. City of 6. City of 7. City of 8. City of 9. City of 10. City of 11. City of 12. City of 13. City of 14. City of 15. City of 16. City of 3 i 17. City of 18. City of 19. . . County unincorporated Total Combined Population Total County Population *Figures based on California Department of Finance figures as of Enclosed as Attachment B is the Resolution agreed to by the cities and county approving this plan as the Contra Costa County Abandoned Vehicle Abatement Service Authority Plan. D. Abandoned Vehicle Estimates Approximately (number) of vehicles were marked for towing during the previous six months. The actual number of vehicles towed were Based on the definition that an abandoned vehicle can be left on a highway, public or private property, any vehicle tagged is a potential . abandoned vehicle. However, many vehicles that are not towed are moved by the owner. It is estimated that approximately fifty (50) percent of the number of vehicles which are marked for towing in Contra Costa County actually- fall into the definition of an abandoned vehicle. Therefore, in our county it is estimated that there will be - 4 I• 1 • ' 1 Dia a potential of vehicles which will become abandoned vehicles. E. Disposal and Enforcement 1. The Service Authority will contract with the cities and county to use any of the following procedures to correct or secure compliance with the abandoned vehicle plan for the Authority. Those procedures -may include: a. Initial Enforcement Action. b. Abandoned vehicle Abatement. C. Citation. d. Forfeiture of Bond. e. Injunction. f. Nuisance Abatement. g. Permit Revocation. 2. Initial Enforcement action is defined as using whatever means necessary to. encourage the voluntary correction of an abandoned vehicle violation so that other - 5 .- enforcement measures may be avoided by the Service Authority. This may include a notice to responsible parties of the following: a. Explanation -of . the nature of the violations and any actions which the property owner must take to correct the violations. b. A time limit for correction of the violation pursuant to Section 22523 of the Vehicle Code and/or, local abandoned vehicle ordinances. C. A statement that the Service Authority or its designee intends to charge the property owner for all administrative • costs associated with the abatement of a vehicle. d. A statement that the may request and be provided a meeting with designated representatives of the Service Authority. 3 . Time limit for correction A time line may be established. . that requires an abandoned vehicle violation identified by the . Service Authority or its designee to be corrected within a certain prescribed number of days. That time line . may - . 6 - be extended by the Service Authority or its designee if it appears likely that the responsible party will correct the violation within a reasonable time. 4. Use of other enforcement procedures. If the Service Authority or its designee determines that because of. an impending hazard to health or safety, additional measures as approved by the Service Authority may be employed to securing the correction of an abandoned vehicle violation within a reasonable time. 5. Abandoned Vehicle Abatement a. The Service Authority or its designee shall employ the procedures set forth in the California Vehicle Code and/or any local ordinances to remove abandoned vehicles from public and/or private property and secure their proper disposal.. b. The Service Authority or its designee may under authorization of the California Vehicle Code or ordinance by the cities and County of Contra Costa issue a citation to any person who violates these codes or ordinances. Issuance of a citation and penalties for the violation shall be pursuant to 7 - the California Vehicle Code and/or local ordinances. C. Forfeiture of Bond The Service Authority or its designee may initiate procedures to forfeit all of or a portion of a bond or cash deposit. d. Injunction The Service Authority or its designee may initiate proceedings in conjunction with a city or county counsel to secure injunctive relief to determine an abandoned vehicle violation as designated by city or county ordinances. e. Nuisance Abatement The Service Authority or its designee may employ under California State Law or ordinances as adopted by the city or county abatement of an abandoned as a nuisance as defined. below: 1. Any condition , declared by California State Law or ordinance adopted by the cities or county of Contra Costa to be a nuisance. 8 - 2. Any public nuisance known at common .law or equity. 3. Any condition dangerous to. human life, unsafe or detrimental to the public health and safety. f. Permit Revocation The Service Authority or its designee may initiate proceedings to revoke the approval of any land use permit issued in a case where a use of that land has been established or is conducted in a manner which fails to observe a condition of approval that will lead to the accumulation of , abandoned vehicles. F. Disposal of Abandoned Vehicles The Service Authority and/or its designee will after finding that a vehicle or parts thereof are in violation, the vehicle or parts may be disposed of by removal to a scrapyard, automobile dismantlers yard•, or to any suitable site operated by a local agency for processing as scrap, or other final .disposition consistent with the determination of a public nuisance, or. of abandoned, wrecked, dismantled or inoperative vehicles as defined under California State Law or local ordinances. 9 - G. Cost Recovery Strategy It is the intent of the Service Authority and its designee to recover the cost of abandoned vehicle abatement. 1. Definition of costs: These are costs to include staff time expended and reasonably related to nuisance abatement cases where no permit is required, for items including but not limited to investigation, site inspection, and . monitoring reports, telephone contacts, correspondence and meetings with affected parties. 2. Cost accounting and recovery required The staff of the Service Authority and/or its designee will maintain records of all costs incurred with the enforcement process to be engaged in the abandoned vehicle abatement process and attempt recovery of those costs. Staff time shall be calculated at an hourly rate: as established by the Service Authority and its designees. 3 . Method of recovery As a means of recovering costs, upon confirmation of an assessment, a property owner with an abandoned vehicle - 10 _ violation is to be advised that there is a pending lien. After being recorded, the Notice of Lien shall be delivered to the county or. city auditor_ who will enter the amount of the lien on the assessment roll as a special assessment. Thereafter the amount set forth shall_ be collected as the same time and in the same manner as ordinary taxes and would be subject to the same penalties and interest, and to the same procedures for foreclosure and sale in case of delinquency, as are provided for ordinary taxes; all laws applicable to the levy, collection and enforcement of county taxes would hereby be made applicable to this type of assessment. H. Contractual Agreements The Service Authority or its designee may employ contractors for the abatement, removal and disposal as public nuisance, of abandoned, wrecked, dismantled, or inoperative vehicles or parts thereof from private or public property as listed under the following Scope of Services. 1. Contractor agrees to furnish all personnel and services necessary to collect and dispose of abandoned and/or inoperative vehicles or parts thereof in the County. Such service shall be provided on an "as requested" basis by-.written or telephonic communication from the Service Authority or its designee to Contractor. - 11 _ 2. Service shall be available during County working hours. 3 . Contractor shall remove from any location only those vehicles specified. 4. Provisions shall be made for the adequate security of vehicles and property during storage when applicable. Receipt. shall be provided in. the stored vehicle with a copy to the California Highway Patrol. area office whenever property is removed from a stored vehicle. 5. Contractor shall include. in his records a description of the vehicle, the authority for removal, and the date, time and. location of removal. 6. All employees of the contractor shall be made aware of this document to ensure the .proper discharge of their duties. 7. When applicable, employees shall be properly licensed in accordance with Section California Vehicle .Code. 8. Contractor shall have and maintain for the period of this contract a valid dismantlers license ' or .certificate of temporary permit in conformance with California Vehicle Code Sections 12 - i c. 9. All contractor's vehicles will be maintained in compliance with the provisions of the California Vehicle Code and the Revenue and Taxation Code. 10. Contractor shall destroy only those vehicles which have , been properly cleared for abatement in accordance with Section 22660, California Vehicle Code: 11. Contractor shall conduct vehicle and parts storage, dismantling and other activities in providing services pursuant to this contract only in locations approved for such use by the local governments having land use jurisdiction. I. Appropriate Fiscal Controls The Service Authority shall adopt a budget annually and shall set anticipated revenue amounts to be earmarked to each participating member agency. These amounts are to be based on the total revenue to be realized by the annual assessment of $1.00 per registered vehicle in the County. These amounts will be less those administrative costs which the Service Authority incurs, which are anticipated to be no more than 1% annually. In addition, it is estimated that administrative costs of the California Department of Motor Vehicles and State Controller's office will be no more than 9% annually. - 13 - The Board of Directors for the Service Authority* will make provisions for: 1. Itemized accounting of expenditures of each participating member of the Service Authority. 2. Itemized accounting for the total number of abandoned vehicles abated by efforts of each. participating member in accordance with the format of Attachment 1: J. Reporting requirements Quarterly, the Service Authority will generate reports to the California Highway Patrol which will be in the format of Attachment 2. K. Assessment of the program The assessment of the effectiveness of the abandoned vehicle abatement program will be based on the following criteria: How many more vehicles were towed than the previous year? How many less vehicles were tagged than the previous year? 14 - q r. r How did the amount 'of vehicles tagged and towed ,decreased in ratio to general population figures in the County? What is the level of calls on abandoned vehicles in comparison to the previous year? How . has initial response time, follow-up and reinspection been affected by. the program? What is public sentiment on the effectiveness of vehicle abatement programs? - 15 - �LJIJ�U � Attachment #1 Contra Costa County Service Authority Abandoned Vehicle Abatement Program Report Quarter of 199_ 9_ Reporting Agency Location Public Property Month/Year Marked Towed Quarterly Total Private Property. Month/Year Marked Towed Quarterly Total Total - Public & Private Prepared by: Date: Telephone: Deli Attachment #2 Contra Costa County Service Authority Abandoned Vehicle Abatement Program Report Quarter of 199_ 9` Authority Authority Anticipated Realized Over/Under Percent Allocation Revenue to Date Realized Realized Totals Member Realized Over/Under Percent Allocation Revenue to Date Realized Realized Totals A=MCDE T 4 DEPARTMENT OF CALIFORNIA HIGHWAY PATROL ABANDONED VEHICLE ABATEMENT GUIDELINES FOR SERVICE AUTHORITIES THIS PUBLICATION MAY BE PURCHASED FOR $4.85 EACH PLUS CALIFORNIA STATE SALES TAX July 1991 i HPH 87.1 FOREWORD The purpose of this publication is to provide uniform guidelines for the establishment of Abandoned Vehicle Abatement Plans being developed by Service Authorities which have been established pursuant to California Vehicle Code (CVC) Section 22710 and funded pursuant to _CVC Section 9250.7. The objective is to aid county based Service Authorities with the development of the required Abandoned Vehicle Abatement Plans. Inquiries regarding this publication or the Statewide Abandoned Vehicle Abatement Program should be directed to the California Highway Patrol, Investigative Services Section, P. 0. Box 942898, Sacramento, CA, 94298--0001, or at (916) 445-0752. OFFICE OF THE COMMISSIONER DISTRIBUTION: 3A E G S ii HPH 87.1 2. DEFINITION OF TERMS. a. Public Nuisance Vehicle. Any vehicle that is abandoned, wrecked, dismantled, or any inoperative parts thereo.f; , that is on public or private property, not including highways; and that creates a condition tending. to reduce the value of private property, promotes blight and deterioration, invites plundering, creates fire hazards, constitutes an attractive nuisance endangering the health and safety of minors, harbors rodents and insects, or jeopardizes health, safety, and general welfare is a public nuisance. b. Abandoned Vehicle. A vehicle is considered to `be "abandoned" if it is left on a highway, public property, or private property in such inoperable or neglected condition that the 'owner.s intention to relinquish all further rights or interests in it may be reasonably concluded. (1) Inreachinga reasonable conclusion, one must consider the amount of j time the vehicle has been there without being moved, its condition,- l statements from, the owner and witnesses, etc. (2) In reference to highways or public' rights-of-way, "abandonment" is presumed to have occurred .if a vehicle is parked, resting, or otherwise immobilized on any .highway or public right-of-way; and lacks an engine, transmission, wheels, tires, doors, 'windshield, or any other part or r' equipment necessary to operate safe'ly.'on. the highway in this _State. Such it vehicles are presumed to be a hazard' to public health, safety, and welfare and may be removed immediately upon'discuvery' by a',peace officer or other. designated employee of the state,` county, of city. c. Wrecked,Vehicle.. Any vehicle that is damaged to such an-extent that' it cannot be operated upon. the highway is tevmed:a wrecked vehicle. (i (1) A vehicle which has been wrecked in 'a trafficaccident, and which has 4 been removed from the roadway to•a. storage 'facility', but which-ha s not been claimed by its owner will not be considered' an`abandoned vehicle for the purposes of this program. d. Dismantled Vehicle. Any vehicle that is partially or wholly disassembled. e. Inoperative Vehicle. Any motor vehicle that cannot be moved under i'ts I' own power. i f. Public Property. This term is commonly used as a designation of those i things which are considered as being owned by "the public," the-entire 'state or coumiunit y, and not restricted to dominion of a private person". It may also apply to any property owned by a state, nation or municipality. ` li 1 ; HPx 87.1. 1-2 g. Private Pr2Revty. Such propk7tY as belongs absolutely to an individual, and of which lie or she has the exclusive right of disposition. Property of a specific, fixed and tangible nature., capable of being in possession and transmitted to another, such as houses, lands, vehicles, etc. 1-3 HPH 87.1 (4) Subdivision (d): "All funds received by the department in payment for such identification plates or the replacement thereof shall be deposited in the California Environmental License Plate Fund." (5) Subdivision (e) : "These vehicles shall not be exempt from the equipment provisions of Sections 26709, 27150, and 27600." (6) Subdivision-.(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 _ historic vehicle club activities." 3. ABANDONED VEHICLE TRUST FUND. " a. CVC Section 9250.7. (1) Subdivision (a) : • "A Service Authority established under Section 22710 may imposea service; fee of one dollar ($1) on vehicles registered to an owner with an address_ in the county which established the Service Authority. The fee shall be paid to the department (Department of Motor. Vehicles) at the time of registration,-or renewal of registration, or when renewal becomes delinquent, on or after January 1, 1992, except vehicles expressly exempted under this code from payment of registration fees." (2) Subdivision (b) : "The department (Department of Motor Vehicles) , after deducting its administrative costs, shall transmit, at least quarterly, the net amount collected pursuant to subdivision (a) to the Treasurer for deposit in the Abandoned Vehicle Trust Fund which is hereby created. All money .in the fund is continuously appropriated to the Controller for allocation to a Service Authority which has an. approved. abandoned vehicle abatement program pursuant to Section 22710, and for payment of the administrative costs of the Controller. After deduction of its administrative costs, the Controller shall .allocate the money in the Abandoned Vehicle Trust Fund to each Service Authority in .proportion to the revenues received from the fee imposed by that Authority pursuant to subdivision (a) .- (3) Subdivision (c) : "The fee imposed by a Service Authority shall remain in effect only .for a period of five years after the date on which the Authority is established." 4. ABANDONMENT PROHIBITED. a. CVC Section 22523. (1) Subdivision (a) : "No person shall abandon a vehicle upon any highway." i HPH 87 .1 2-2 (2) Subdivision (b) : "No person shall abandon a vehicle upon public or private property without the express or implied consent of the owner or person in lawful possession or control of the property." (3) Subdivision (c): "Any person convicted of a violation of this section shall be punished by a fine of not less than one hundred dollars ($100) and shall provide proof that the costs of removal and disposition of the vehicle! have been paid. No part of any fine imposed shall be suspended. The fine may be paid in installments if the court determines that the defendant is unable to pay the entire amount in one payment." (4) Subdivision (d): "Proof that the costs of removal and disposition of the vehicle have been paid shall not be required if proof is provided to the court that: the vehicle was stolen prior to abandonment. That proof may consist of: a police report or other evidence acceptable to the court." (5) Subdivision (e): "The costs required to be paid for the removal and disposition of any vehicle determined to be abandoned pursuant to Section 22669 shall not exceed those for towing and seven days of storage. This subdivision does not apply if the registered owner or legal owner has completed and returned to the lienholder a Declaration of Opposition form within the time specified in Section 22851.8." 5. PRESUMPTION OF ABANDONMENT. a. CVC Section 22524. (1) Subdivision (a) : "The abandonment of any vehicle in' a manner as Provided in Section 22523 shall constitute a prima facie presumption that the last registered owner of record is responsible for the abandonment and is thereby liable for the cost of removal and disposition of the vehicle." (2) Subdivision (b) : "An owner who has made a `bona fide sale or transfer of a vehicle and hasdelivered possession of the vehicle to a purchaser may overcome the presumption prescribed in subdivision (a) by demonstrating that tie or she has complied with Section 5900• or by providing 'other proof satisfactory to the court." (3) Subdivision (c) : "This' Section shall become operative on July 1, 1989." 6. LOCAL ABATEMENT PROCEDURE. a. CVC Section 22660. (1) "Notwithstanding any other provision-of law, a city, county, or city and county may adopt an ordinance establishing procedures for the 2-3 HPH 87.1 in this article. The lien shall not be assigned. Possession of the vehicle is deemed to, arise when the vehicle is .removed, and is in transit. (2) Subdivision (b): - "No lien shall attach to any personal property in or on the vehicle.. The personal property in or on the vehicle shall be given to the registered owner or the owner's authorized agent upon demand. The-lienholder shall not be responsible for property after any, vehicle has been disposed of pursuant to this chapter." 21. DISPOSITION OF ABANDONED LOW-VALUED VEHICLES. a. CVC Section 22851.3. (1) "Whenever a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or any other employee '- of a public agency authorized pursuant to Section 22669,- removes, or causes the removal of, a vehicle pursuant to Section 22669 and the public agency or, at the request of, the public agency, the lienholder determines . , the estimated value of the vehicle is three hundred dollars ($300) or less, the public agency which removed, or caused the removal of, the vehicle shall cause the disposal of the vehicle under this section, subject to all of the following requirements:" (a) Subdivision (a) : - "Not less than 72 hours before the vehicle is removed, .the peace officer or authorized public employee has securely attached to -the vehicle a distinctive notice which states that the I vehicle will be removed by the public agency. This subdivision does. not apply to abandoned vehicles removed pursuant to subdivision (d) of Section 22669.which are determined by the public agency to have an estimated value of one hundred dollars ($100) or less." (b) Subdivision (b) : "Inunediately after removal of 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." 'j (c) Subdivision (c) : "The public agency which removed, or caused the removal of, the vehicle or, at the request of the public agency; the !' lienholder. shall obtain a copy of the names and addresses of all persons having an interest in the vehicle, if any, from the Department. of Motor Vehicles either directly or by. use of the California Law. Enf orcement, Telecommunications System. This subdivision does not..require the.public agency or lienholder to obtain a copy of the actual record on file at the Department of Motor Vehicles. (d) Subdivision (d) : "Within 48 hours of the removal, 'excluding weekends and holidays, the public agency which removed, or caused the z; removal of, the vehicle, or at the request of the public agency, the A' HPH 87.1 2-12 i' lienholder shall send notice to the registered and legal owners at their addresses of record with the Department of Motor Vehicles, and to any other person known to have an interest in the vehicle. A notice sent by the public agency shall be sent by certified or first-class mail, and a notice sent 'by the lienholder shall be sent by certified mail. The notice shall include all of the following information:" 1 Subparagraph (1): "The name, address, and telephone number of the public agency providing the notice." 2 Subparagraph (2) : "The location of the place of storage and description of the vehicle which shall include, if available, the vehicle make, license plate number, vehicle identification number, and mileage." 3 Subparagraph (3): "The authority and purpose for removal of the vehicle." 4 Subparagraph (4): "A statement that the vehicle will be disposed of 15 days from the date of the notice." 5 Subparagraph (5) :. "A statement that the owners and interested persons, or their agents, have the opportunity for a poststorage hearing be=fore the public agency which removed, or caused the removal of, the vehicle to determine the validity of the storage if a request for a hearing is made in person, in writing, or by telephone within 10 days from the date of notice; that, if the owner or interested person, or his or her agent, disagrees with the decision of the public agency, the decision may be reviewed pursuant to Section 11523 of "the Government. Code; and that during the time of the initial hearing, or during the time the decision is being reviewed pursuant to Section 11523 of the Government Code, the vehicle in question shall not be disposed of." (e) Subdivision (e) : 1 Subparagraph (1) : "Any requested hearings shall be conducted within 48 hours of the request, excluding weekends and holidays. The public agency which removed the vehicle may authorize its own officers to conduct the hearing if the hearing officer is not the same person who directed the storage of the vehicle." 2 Subparagraph (2) : "Failure of either the registered or legal owner or interestedperson, or his .or her agent, to request or to attend a scheduled hearing shall satisfy the poststorage validity hearing requirement of this Section." (f) Subdivision (f) : "The public agency employing the person, or utilizing the services of a contractor or franchiser pursuant to 2-13 HPH 87.1 subdivision (b) of Section 22669, which removed, or caused the removal of, the vehicle and which directed any towing or storage, shall be responsible for costs incurred for towing and storage if it is determined in the hearing that reasonable grounds to believe that the vehicle was abandoned are not established." (g) Subdivision (g) : "No authorization for disposal may be issued by the public agency which removed, or caused the removal of, the vehicle to a lienholder who is storing the vehicle prior to the conclusion of a requested poststorage hearing or any judicial review of that hearing." (h) Subdivision (h): "If, after 15 days from the notification date, the vehicle remains unclaimed and the towing and storage fees have not been paid, and if no request for a poststorage hearing was requested or a poststorage 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 or her agent within 15 days of the notice date, the lienholder who is . storing the vehicle may collect reasonable fees for services rendered, but may not collect lien sale fees as provided in Section 22851.12. (j) Subdivision (j) : "Disposal of the vehicle by the lienholder who is storing the vehicle may only be to a licensed dismantler or scrap iron processor. A copy of the public agency's authorization for disposal shall be forwarded to the licensed dismantler within five days of disposal to a licensed dismantler. A copy of the 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 Telecommunication System, the public agency may issue to the lienholder who stored the vehicle an authorization for disposal at any time after the removal. The lienholder may request the public agency to issue an authorization for disposal after the lienholder ascertains that the names and addresses of the registered and legal owners of the vehicle are not available from the records of the. Department of Motor Vehicles either directly or by use of the California Law Enforcement Telecommunication System." HPH 87.1 2-14 (1) Subdivision (1) : "A vehicle disposed of pursuant to this section shall not be: reconstructed or made operable, unless it is a vehicle which qualifies for either hovseless carriage license plates or historical vehicle license plates, pursuant to Section 5004, in which case the vehicle may be reconstructed or made operable." 22. APPRAISERS. a. CVC Section 22855. (1) "The following persons shall have the authority to make appraisals of the value of vehicles for the purposes of this chapter, subject to the conditions stated in this chapter:" (a) Subdivision (a) : "Any member of the California Highway Patrol designated by the coiimissioner.". (b) Subdivision (b) : "Any regularly employed and salaried deputy sheriff ,or other employee designated by the sheriff of any county. (c) Subdivision (c) : "Any regularly employed and salaried police officer or other employee designated by the chief of police of any city." (d) Subdivision (d) : "Any officer or employee of the Department of Motor Vehicles designated by the director of the department." (e) Subdivision (e) : "Any member of the California State Police designated by the chief thereof." (f) Subdivision' (f) : "Any regularly employed and salaried police officer or other employee of the University of California Police Department designated by the chief thereof." (g) Subdivision (g) : "Any regularly salaried employee of a city, county, or city and county designated by the board of supervisors or a city council pursuant to subdivision (a) of Section 22669." (h) Subdivision (h) : "Any regularly employed and salaried police officer or other employee of the police department of a California State University designated by the chief thereof." (i) Subdivision (i) : "Any regularly employed and salaried security officer or other employee of a transit district security force designated by the chief thereof." (j) Subdivision (j) . "Any regularly employed and salaried peace. officer or other employee of the Department of Parks and Recreation designated by the director of that department." .t 2-15 HPH 87.1 23. ABATEMENT OF NUISANCE,• ORDINANCE TO ESTABLISH PROCEDURE; CONTENTS; FAILURE TO PAY COSTS; SPECIAL ASSESSMENT .AGAINST PARCEL; COLLECTION;_ NOTICE OF ABATEMENT LIEN; RECORDATION; EFFECT. a. California Government Code (CGC) Section 25845. (1) Subdivision (a): "The board of supervisors, by ordinance may establish a procedure for abatement of a nuisance. The ordinance shall, at minimum, provide that the owner of the parcel, and any one known to the board of supervisors to be in possession of the parcel, be given notice of the abatement proceeding and an opportunity to appear before the board of supervisors and be heard prior to the abatement of the nuisance by the county. However, nothing in this section prohibits the summary abatement of a nuisance upon order of the board of supervisors, or upon order of any county officer authorized by law to summarily abate nuisances, if the board or officer determines that the nuisance constitutes an immediate threat to public health or safety." (2) Subdivision (b) : "If the owner fails to pay the costs of the abatement upon demand by the county, the board of supervisors may order the cost of the abatement to be specially assessed against the parcel. The assessment may be collected at the same time and in the same manner, as ordinary county taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as are provided for ordinary county taxes. All laws applicable to the levy, collection, and enforcement of- county taxes are applicable to the special assessment." (3) Subdivision (c) : "If the board of supervisors specially assesses the cost of the abatement against the parcel, the board may also cause a notice of abatement lien to be recorded. The notice shall, at a minimum, identify the record owner or possessor of property, set forth the last known address of the record owner or possessor, set forth the date upon which abatement 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 not cause the recordation of a notice of abatement lien pursuant to subdivision (c) , and any real property to.which the costs of abatement relates has been transferred or conveyed to a bona fide purchaser for value, or a lien on a bona fide encumbrancer for value has been created and attaches to that property, prior to the date on which the first installment of county taxes would become delinquent, then the cost of abatement shall not result in a lien against real property but shall be transferred to the unsecured roll for collection." HPH 87.1 2-16 (5) Subdivision (e) : "Recordation of a notice of abatement lien pursuant to subdivision (c) has the same effect as recordation of an abstract of a money judgment recorded pursuant to Article 2 (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 judgment lien on real property and continues in effect until released. Upon order of the board of supervisors, or any county officer authorized by the board of supervisors to act on, its behalf, an abatement lien created under this section may be released or subordinated in the same. manner as a judgment lien on real property may be released or subordinated.". (6) Subdivision (f): "In counties with a population of 6,000,000 or more, the board of supervisors may delegate the hearing required by subdivision (a) , prior to abatement of a public nuisance, to a hearing board designated by the board of ,supervisors. The hearing board shall make a written recommendation to the board of supervisors. The board of supervisors may adopt the recommendation without further notice of hearing, or may set the matter for a de novo hearing before the board of supervisors." 24. SECOND OR SUBSEQUENT CIVIL OR CRIMINAL JUDGMENT; ABATEMENT OF NUISANCE TREBLE DAMAGES. a. CGC Section 25845.5. (1) "The board of supervisors, by ordinance, .may provide that upon entry of a second or subsequent civil or criminal judgment within a two-year period finding that an owner of property is responsible for a condition that may be abated in accordance with an -ordinance enacted pursuant to Section 25845, except for conditions abated pursuant to Section 17980 of the Health and Safety Code, the court may order the owner to pay treble the costs of the abatement." 25. NUISANCE ABATEMENT LIEN; ORDINANCE; PROCEDURES; FEES. a. CGC Section 38773.1. (1) Subdivision (a) : "The legislative body may by ordinance establish a procedure to collect abatement related administrative costs by a nuisance abatement lien. This ordinance shall require notice prior to the recordation of the lien to the owner of record of the parcel of land on which the nuisance is maintained, based on the last equalized assessment roll or the supplemental roll, whichever is more current." (2) Subdivision (b) : "The notice shall be served in the same manner as a summons in a civil action in accordance with Article 3 (conunencing with Section 415.10) of Chapter 4 of Title 5 of part 2 of the Code of Civil 2-17 HPH 87.1 Procedure. If the owner of record, after diligent search cannot be found,the notice may be served by posting a copy thereof in a conspicuous place upon the property for a period of 10 days and publication thereof in a newspaper of general circulation published in the county in which the property is located pursuant to Section 6062." (3) Subdivision (c) : "A nuisance abatement lien shall be recorded in the county. vecorder'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 date 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 the recorded owner of the parcel." (b) Subparagraph (2) "In the event Lhat the lien is discharged, released, or satisfied, 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 an action brought by the city for money judgment." (d) Subparagraph (4) : "Notwithstanding Section 6103, Section 27383, or any other provision of' law, the county recorder may impose a fee on the city to reimburse the costs of processing and recording the lieri and providing notice to the property owner. A city may recover from the property owner any costs incurred regarding the processing and recording of the lien and providing notice to the property owner as part of its foreclosure action to enforce the lien." 26. ESTABLISHMENT OF PROCEDURE FOR ABATEMENT OF NUISANCE• COST OF ABATEMENT AS SPECIAL ASSESSMENT AGAINST PARCEL: COrfDITION MAKING COST NOT A LIEN. a. CGC Section 38773.5. (1) "As an alternative to the procedure authorized by Section 38773.1, the legislative body may by ordinance establish a procedure for the abatement of a nuisance and make the cost of abatement of a nuisance upon a parcel of land a special assessment against that parcel. The assessment may be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary municipal taxes. All laws applicable to the levy, collection and HPH 87.1 2-18 enforcement. of municipal taxes shall be applicable to the special assessment. However, if any real property to which the cost of abatement relates has been transferred or conveyed to a bona fide purchaser for value, or if a lien of bona fide encumbrancer for value Lias been created prior to the date on which Lhe first installment of taxes would become delinquent, then the cost of abatement shall not result in a lien against the real property but instead shall be transferred to the unsecured roll for collection. Notices or instruments relating to the abatement proceeding or special assessment shall be entitled to recordation." 27. SECOND OR SUBSEQUENT CIVIL OR CRIMINAL JUDGMENT; ABATEMENT 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 of property is responsible for a condition that may be abated in accordance with an ordinance enacted pursuant to 38773.5, 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." 2-19 HPH 87.1 CHAPTER 3 REQUIREMENTS FOR TARTICIPATING SERVICE AUTHORITIES 1. GENERAL REQUIREMENTS. a. Establishment of—a Service Authority. Section 22710 of the California Vehicle Code states that a Service Authority for the abatement of abandoned vehicles may be established in any county if the board of supervisors of the county and a majority of the cities having a majority of the incorporated population within the county have adopted resolutions providing for the establishment oi* the authority and the imposition of the vehicle registration fee. b. Service Fee. Section 9250.7 of the California Vehicle "Code states that a Service Authority established pursuant to the provisions of Section 22710 may impose a fee: of one dollar ($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 payment of registration fees under the provisions of the California Vehicle Code are exempted from the requirement to pay the fee. (2) The fee imposed by a Service Authority will remain in effect for a period of five years after the date the Authority is established. (3) The Department of Motor Vehicles will deduct its administrative costs from the fees and transmit the net amount collected to the Treasurer, at least quarterly, for deposit in the Abandoned Vehicle Trust Fund which was created by this legislation. C. Abandoned Vehicle Trust Fund. All money in the fund is continuously appropriated to the State Controller for allocation to a Service Authority which has an approved Abandoned Vehicle Abatement Program (Plan), as required by the provisions of Section 22710. (1) The State Controller .will deduct administrative costs from the funds. (2) The State Controller will allocate the.money in the-Abandoned Vehicle Abatement Trust Fund to each participating Service Authority in proportion to the revenues received from the fee imposed by that Service Authority. d. Membership. Section 22710 of the Califovnia_Vehicle Code states that the membership of the Authority shall be determined by concurrence of the board of supervisors and a majority vote of the cities within. the county having a majority of the incorporated population. 3--1 HPH 87 .1 A5 + e. Service. Authority Staffing. The Service Authority shall be staffed by existing county and city personnel. (1) "Existing personnel" means those persons employed by the county or city prior to establishment of the Service Authority. (2) This indicates that personnel who are hired after the establishment of the Service Authority cannot be funded through monies disbursed from the Abandoned Vehicle Abatement Trust Fund. f. Authorizations Granted to the Service Authority. Section 22710 authorizes the Service Authority to do the following: (1) The Service Authority may contract and undertake any act convenient or necessary to carry out any law relating to the Authority. (2) Notwithstanding any other provision of law, a Service Authority may adopt an ordinance establishing procedures for the abatement, removal, and disposal as public nuisances, of abandoned, wrecked, dismantled, or inoperative vehicles or parts thereof from private or public property; and for the recovery, pursuant to Section 25845 or 38773.5 of the Government Code, or assumption of costs of administration, removal and disposal. g. Actual Removal and Disposal of Vehicles. Section 22710 requires that the actual removal. and disposal of vehicles be undertaken by an entity which may be a county or city 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 prohibited by those expressly prohibited in paragraph e. , subparagraph (2) of this chapter. i. Approval of the Service Authority's Abandoned Vehicle Abatement Programs and Plans. The following are requirements relating to approval ofa Service Authority's Abandoned Vehicle Abatement Programs and Plans: (1) A Service Authority's Abandoned Vehicle Abatement Program and Plan shall be implemented only with the approval of the Department of the HPH 87.1 3-2 � r California Highway Patrol and with the approval of the county and a majority of the cities having a majority of the incorporated population. (2) The Department of the California Highway Patrol shall provide. guidelines for Abandoned Vehicle Abatement Programs and Plans, and the Service Authorities Abandoned Vehicle Abatement Programs and Plans shall be consistent with those guidelines. (3) Once the Service Authority's Program and Plan has been approved by the county and the required cities having a majority of the incorporated population, the Authority shall submit the Program and Plan to the Department of the California Highway Patrol for approval. (4) The approved Program and Plan shall be submitted to the Department of the California Highway' Patrol by August 1, 1991 or before August 1, in the year that the Service Authority was formed. During the 1991 calendar year, the August 1 deadline may be adjusted to compensate for the delays caused by the development of the necessary guidelines. (5) The Department of the California Highway Patrol shall review the Program and Plan and make recommendations for revisions, if necessary, by October 1, 1991, or by October 1 of the year that the Service Authority was formed. (6) The Service Authority shall submit the Program and Plan, as revised, to the Department of the California Highway Patrol, and if it is determined that it is consistent with the guidelines, the California Highway Patrol shall submit the approved Program and Plan to the State Controller by the following January 1. (7) Any approved Program or Plan which was adopted by the Service Authority as required may be revised pursuant to the procedures described above, including compliance with the required submission dates for submission to the California Highway Patrol and the State Controller, respectively„ in the year in which the revisions are proposed. However, compliance with this procedure will only be required if the revisions are substantial. j . Disbursement of Funds by the State Controller. Except for service authorities which have revised their Program and Plan as described in subparagraph (6) above, the State Controller shall not allocate funds to a Service Authority for a calendar year in which an approved Program or Plan was not received before January 1, of that year. k. Cessation of the Existence of a Service Authority. A Service Authority shall cease to exist on the date that all revenues received by the Authority pursuant to Sections 22710 and 9250.7 have been expended. 3--3 HPH 87.1 2. GUIDELINES FOR THE DEVELOPHENT OF ABANDONED VEHICLE ABATEMENT PROGRAMS AND PLANS. a. Abandoned Vehicle Abatement Plan Content Statement. The Abandoned Vehicle Abatement Programs and Plans developed by service authorities established pursuant to Section 22710 shall, at minimum, contain the following: (1) Required Resolutions. Copies of the following required resolutions shall be submitted as part of the Service Authority's approved Abandoned Vehicle Abatement Program and Plan: (a) A copy of the resolutions providing for the establishment of the Service Authority, including identification of its membership, and the imposition of the one dollar ($1) registration fee pursuant to the requirements of subdivision (a) of Section 22710 and subdivision (a) of Section 9250.7. (b) A copy of the required resolution of approval of the Service Authority's Abandoned Vehicle Abatement Program and Plan, as required by subparagraph (1) of subdivision (d) of Section 22710. (c) A copy of resolutions approving revisions to a previously approved Abandoned Vehicle Abatement Program and Plan as specified in subdivision (e) of Section 22710, if applicable. (2) Estimate of the Number of Abandoned Vehicles. The approved Abandoned Vehicle Abatement Program and Plan shall include an estimate of the number of abandoned vehicles located within the county serviced by the Service Authority, as required by subparagraph (2) of subdivision (d) of Section 22710. (3) Copies of Ordinances. The approved Abandoned Vehicle Abatement Program and Plan shall include copies of the ordinances which may be established pursuant to subparagraph (1) of. subdivision (c) of Section 22710. (a) Includes the ordinance establishing procedures for the abatement, removal, and disposal as public nuisances, of abandoned, wrecked, dismantled, or inoperative vehicles or parts thereof from private or public property. 1 Any such ordinance shall meet all of the requirements of Section 22660 and 22661 of the Vehicle Code. 2 May adopt an existing ordinance which meets all the requirements of Section 22660 and 22661 of the Vehicle Code. (b) Includes the ordinance(s) developed for recovery, pursuant to Section 25845 or 38773.5 of the Government Code, or assumption by the Service Authority, of costs of administration and removal and disposal. HPH 87.1 3-4 (4) Disposal and Enforcement Strategy. The approved Abandoned Vehicle Abatement Program and Plan shall include an enforcement and disposal. strategy. (a) The enforcement strategy should include enforcement of Section 22523 of the Vehicle Code and local ordinances adopted for the purposes of abatement., removal, and disposal as public nuisances, of abandoned, wrecked, dismantled, or inoperative vehicles or parts thereof from private or public property. (b) The statutory authority to remove abandoned vehicles from highways or private or public property may properly be Section 22669 of the Vehicle Code or a local ordinance adopted for the purposes of abatement, removal, and disposal as public nuisances, of abandoned, wrecked, dismantled, or inoperative vehicles or parts thereof from private or- public rpublic property. (c) The disposal strategy may be in accordance with the provisions of Section 22662 of the vehicle code or by contractual agreement(s) with a licensed auto dismantler or scrap iron processor, -in accordance with the provisions of Section 22851.3 of the Vehicle Code. (5) Cost Recovery Strategy• The approved Abandoned Vehicle Abatement Program and Plan shall include a cost recovery strategy.- (a) This includes a strategy for recovery of costs associated with the administration, removal and disposal of vehicles or parts thereof abated from private or public property. This may be accomplished through strategies related to the provisions of Section 22523 of the Vehicle Code, or Section 25845 or 38773.5 of the Government Code. (6) Contractual Agreements. The approved Abandoned Vehicle Abatement Program and Plan shall 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 or the Department of the California Highway Patrol for the actual removal or disposal of vehicles. (b) This includes contractual agreements with providers of towing and storage services, automobile dismantlers, or scrap iron processors. (7) Appropriate Fiscal Controls. The approved Abandoned Vehicle Abatement Program and Plan shall include measures ensuring proper fiscal controls. The controls shall include, but are not limited to the following: (a) Measures for accounting for the gross amount of funds that the Service Authority received from the Abandoned Vehicle Trust Fund. 3-5 HPH 87 .1 (b) -Measures for an itemized accounting for the Abandoned Vehicle Trust Fund monies expended by the Service Authority. (c) Measures for accounting for the total number of vehicles or parts thereof abated as a result of the Service Authority's abatement, removal and disposal efforts. (d) Measures for conducting internal audits by the Service Authority. The internal audits shall be conducted at: least quarterly. 3. REPORTING REQUIREMENTS. a. Report to the Legislature. The Department of the California Highway Patrol shall prepare a report to the Legislature by January 1, 1996. The report shall rate the effectiveness of the Abandoned Vehicle Abatement Programs conducted pursuant to Sections 9250„7 and 22710 of the Vehicle Code. b. Quarterly Reports to CHP. In order to meet its obligation, the Department of the California Highway Patrol requests that each Service Authority, established pursuant to the provisions of Sections 9250.7 and 22710 of the Vehicle Code, submit on a quarterly basis data relative to the operation of its Abandoned Vehicle Abatement Program. The report should contain the following information: (1) The gross amount of money received by the Service Authority from the Abandoned Vehicle Trust Fund during the quarter and the year to date. (2) An itemized statement of the, Abandoned Vehicle Trust Fund monies expended by the Service Authority during the quarter and during the year to date. (3) An accounting of the total number of vehicles and parts thereof abated by the Service Authority during the quavter .and the year to date. (4) An assessment of the effectiveness of the Service Authority's Abandoned Vehicle Abatement Program for the quarter and the year to date. HPH 87.1 3-6