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HomeMy WebLinkAboutMINUTES - 10231984 - 2.4 0�);L/ "TO:` , BOARD OF SUPERVISORS FROM: Phil Batchelor, Contra COStaCounty Administrator DATE: October 16, 1984 County SUBJECT: Abandoned Vehicle Abatement Program SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATION 1. Authorize County Administrator to negotiate and execute agree- ment with the California Highway Patrol for removal of abandoned vehicles in West Pittsburg area at a cost not to exceed $10,000 (CDBG funds) . 2. Include in the County's 1985 legislative program, a proposal to re-establish the Abandoned Vehicle Trust Fund and to authorize disbursement from such fund to local governments for the cost of abating and removing abandoned vehicles. BACKGROUND On May 1, 1984 your Board requested the County Administrator to obtain information about the Abandoned Vehicle Abatement Program formerly adminis- tered by the California Highway Patrol and to formulate a recommendation for the Board to use as a basis for requesting a member of the County' s State legislative delegation to introduce legislation to establish another Abandoned Vehicle Abatement Program. In 1971, the California State Legislature enacted legislation (Chapter 1624) which established the Abandoned Vehicle Trust Fund and provided for the fund to be administered by the California Highway Patrol: Initially, the fund derived its resources from a one time surcharge of $1 imposed on vehicle registration renewal and weight fees levied during the 1973 calendar year. That surcharge generated $15. 6 million in revenue. The Trust Fund was used to pay for the Highway Patrol' s cost for administering and operating the Abandoned Vehicle Program and for making allocations to cities and counties which. established procedures for the abatement and removal of abandoned vehicles. In lieu of cities and counties conducting their own vehicle abatement programs, they were allowed to contract with the Highway Patrol to carry out such programs on their behalf. During the first seven-years of the Abandoned Vehicle Abatement Program, i.e. , from the 1972-1973 fiscal year through the 1978-1979 fiscal year, $6 . 9 million was spent Statewide with more than 122, 000 abandoned vehicles having been abated. During this period of time, the Abandoned Vehicle Trust Fund earned approximately $4 million in interest revenues. Inasmuch as the vehicle abatement program was spending an average of only about $1 million per year the State Legislature, via legislation adopted in 1974 and 1976 , CONTINUED ON ATTACHMENT: XX YES SIGNATURE: XX_ RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATI N F BOARD COMMITTEE XX—APPROVE OTHER j SIGNATURE(S) ACTION OF BOARD ON October 23 , 1984 APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS X UNANIMOUS (ABSENT I ) I HEREBY CERTIFY THAT THIS IS A TRUE AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN ABSENT: I ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. CC: Public Works ATTESTED October 23 , 1984 Sheriff Phil - Batchelor, Clerk of the County Administrator Board of Supervisors and ,4ounty, A ministrator 0 15t' M382/7-e9 BY . DEPUTY 2. transferred $12 . 4 million from the Abandoned Vehicle Abatement Fund to other program areas. This transfer of funds was made at the time that the vehicle abatement program was gaining momentum and increasing its expenditures. The combination of increased program expenditures and transfers to other programs depleted the fund significantly. In order to keep the fund solvent through the 1979-1980 fiscal year, the Legislature enacted Chapter 447 which trans- ferred $1 .5 million from the Motor Vehicle account to the Abandoned Vehicle Trust Fund for each of the 1978-1979 and 1979-1980 fiscal years. In the Budget Act of 1980 the Legislature provided another $1. 4 million for the program. The Trust Fund was depleted in 1981. Legal Authority Vehicle Code Section 22660 provides authority for a city or county to adopt an ordinance establishing procedures for the abatement and removal, as public nuisances, of abandoned, wrecked, dismantled, or inoperative vehicles or parts thereof from private or public property. This section also provides for the Local Agency to recover the cost of program administration and vehicle removal. Government Code Section 25845 provides that a board of supervisors may by ordinance establish a procedure for the abatement of a nuisance and make the cost of abatement a special assessment against the property owner. Chapter 430-2 of the County Ordinance Code sets forth the County' s abandoned vehicle ordinance. Ordinance Code Chapter 430-6 provides for the administra- tion and enforcement of the abandoned vehicle ordinance and, pursuant to Vehicle Code Section 22665 , provides that the county program shall be administered and enforced by the California Highway Patrol. The ordinance code provides for all of the notices, hearings, and appeals as required by State law. Pilot Program Since termination of the Abandoned Vehicle Abatement Fund in 1981, the County has not had a continuing vehicle abatement program. Discussions with staff of the California Highway Patrol have indicated that the Patrol currently has no funds to administer such a program or to pay cities and counties for administering such a program. The CHP will provide vehicle abatement services on behalf of a local agency if the agency fully funds the effort. Staff of the County Building Inspection Department (Rehabili- tation Program) is currently making arrangements with the Highway Patrol to abate abandoned vehicles from private property in the West Pittsburg area. This effort is a pilot program which is being funded with Community Develop- ment Block Grant money. A total of $10, 000 of CDBG money has been allocated for this purpose. CHP and County staff are working with a citizens neighbor- hood committee to identify the location of abandoned vehicles . CHP will provide the personnel to undertake the task of onsite supervision of vehicle removal. The pilot program will be administered in accordance with applicable State law and County Ordinance Code provisions. When practical, the owners of the vehicle and the property where the vehicle is located will be contacted in person by the abatement officer. If the owners agree with the proposed abatement they will sign a Report of Vehicle Abatement and the vehicle will be removed. If it is not practical to contact the owners in person, a 10-day notice of intention to abate will be sent to the owner by registered or certified mail, unless the vehicle is in such condition that identification numbers are not available to determine ownership. The notice shall contain an estimate of the abatement cost and a statement that the cost may be levied as a special assessment on the landowner's land. It will also provide information on the property and vehicle owner' s hearing rights . Within 10 days after the mailing date of the abatement notice the vehicle owner or landowner may request a public hearing before the County Zoning Administrator on the issues of abatement and removal and the estimated cost thereof. The California Highway Patrol, the landowner or the vehicle owner may appeal the Zoning Administrator' s decision to the Board of Supervisors. 154 3. Continued Funding Abatement of abandoned vehicles requires money. Reactivation of the State- wide Abandoned Vehicle Abatement Fund could provide the funds necessary for the County to reactivate a Vehicle Abatement Program. Such fund could be financed in the same way it was originally, i.e. , by adding an additional amount to the Vehicle Registration Fees . A relatively small addition to such fees would result in a very sizeable amount of money. For example, in 1973, $1 added to the vehicle registration fees resulted in additional revenue of $15 .6 million. In the absence of State level funding, it would be extremely difficult to fund a Vehicle Abatement Program.. The West Pittsburg pilot program mentioned earlier is being funded with Community Development Block Grant funds under the Neighobhrood Rehabilitation Program. If the pilot program proves successful, your Board could consider allocating additional CDBG funds to a countywide effort. It appears that the most practical way to derive the broad based funding required to fund an effective Vehicle Abatement Program is to request the State Legislature to reactivate a Vehicle Abatement Trust Fund. 155