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HomeMy WebLinkAboutMINUTES - 09091986 - 2.7 THE BOARD 'OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on September 9 , 1986 , by the following vote: AYES: Supervisors Fanden, Schroder, McPeak, Torlakson, Powers NOES: None ABSENT: None ABSTAIN: None -------------------------------------------------------------------- -------------------------------------------------------------------- SUBJECT: Abandoned Vehicles on Public Streets In response to a Board request on August 26 , 1986 , the Board received the attached report from Victor J. Westman, County Counsel, relative to removal of abandoned vehicles from public streets. He advised that abandoned vehicles are subject to removal and disposal only under the procedures in Chapter 10 of the Vehicle Code and cannot be treated as litter and summarily removed and demol- ished. Mr. Westman commented on proposed legislation AB 2610 , which would reduce the storage period for abandoned vehicles and allow for more summary disposal of vehicles having an estimated value of $100 or less. Mr. Westman advised that in meetings with the California Highway Patrol and staff of local police agencies it was recommended that the estimated value be increased to $300 or less. Supervisor Nancy C. Fanden expressed her support of pro- posed legislation AB 2610, and recommended that a letter be sent to Assemblyman Harris expressing the Board' s support. Supervisor Tom Powers commented on the need to allow the law enforcement agencies more discretion in dealing with the problem of abandoned vehicles, and recommended that legislation be developed for the 1987 Legislative ' Program that would allow for disposal of vehicles with an estimated value of $300 or less. Board members also discussed the need for adequate storage area of vehicles removed from the streets. IT IS BY THE BOARD ORDERED that receipt of the report from County Counsel on abandoned vehicles is ACKNOWLEDGED. IT IS FURTHER ORDERED that the Chairman is AUTHORIZED to send a letter to Assemblyman Harris expressing the Board' s support of proposed legislation AB 2610 . IT IS FURTHER ORDERED that the County Administrator is REQUESTED to develop legislation to be included in the 1987 Legislative Program that would allow for disposal of vehicles having an estimated value of $300 or less. IT IS FURTHER ORDERED that the County Administrator, County Counsel and Building Inspector are REQUESTED to report to the Board on options available to deal with disposal and storage of abandoned vehicles. hereby certify that this is a true and correct copy of cc : Supervisor Powers an action taken and entered on the minutes of the County Administrator Board of Supervi ors on the date shown. County Counsel ATTESTED: . '�` '"2 9 1, Inspector PHIL BAT ELOR, Clerk of the Hoard of upervisors and County Administrator r' By '� ��Deputy COUNTY COUNSEL'S OFFICE . CONTRA COSTA COUNTY Date: September 5, 1986 MARTINEZ, CALIFORNIA To: Board of Supervisors From: Victor J . Westman , County Counselk:7. rf By: Lillian T. Fujii , Deputy County Counsel Re: Abandoned Vehicles on Public Streets BACKGROUND: On 8-26-86 , the Board asked the County Counsel to report on an expedited procedure being considered by the San Francisco Board of Supervisors for the removal of abandoned vehicles from public streets . The media (newspapers , radio) has reported that the San Francisco City Attorney' s Office has concluded that cars stripped of certain parts (tires , doors and/or the engine ) are litter , and can be towed/removed from public streets and demolished without following the procedures in the Vehicle Code . SUMMARY: On 9-3-86 , this office discussed the matter with the San Francisco City Attorney' s Office . Although the matter is .still being researched by that office , as of the date of the phone con- versation , it was indicated that the City Attorney' s Office ' s current view was that an abandoned vehicle , even though it is missing a few parts (e .g. , a door or tires , etc . ) , is still a vehicle subject to removal and disposal only under the procedures in Chapter 10 (commencing with S 22650 ) of the Vehicle Code , and cannot be treated as litter and summarily removed and demolished. Based upon our cursory review of this area , the view expressed on 9-3-86 to us appears to be supported by the provisions of the Vehicle Code . DISCUSSION: Vehicle Code - Pre-emption Removal of vehicles from publicly maintained streets may generally only be accomplished in accordance with the procedures set forth in the Vehicle Code . Section 22650 , the "pre-emption" provision , reads in part , as follows : Board of Supervisors -2- September 5, 1986 1122650 . It is unlawful for any peace officer or any unauthorized person to remove any unattended vehicle from a highway to a garage or to any other place , except as pro- vided in this code . . . ." Vehicle Code S 22669 authorizes the removal of vehicles aban- doned on highways , and Article 2 (commencing with S 22850 ) , sets forth procedures for disposing of removed vehicles , including abandoned vehicles . Unlike the situation concerning vehicles on non-publicly main- tained highways or private property (Veh . C. SS 22660-22668) , no authority is granted to local government to provide for an alter- nate procedure to deal with vehicles abandoned on public highways . Vehicle . Defined The Vehicle Code defines a "vehicle" as "a device by which any person or property may be propelled , moved , or drawn upon a high- way, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks ." (Veh . C. S 670 . ) If a "vehicle" is missing some of its parts , e .g . , the engine or tires , at that particular time , it may not be propelled , moved , etc. However , in one case the courts have held that a "vehicle" does not cease to be a vehicle simply because it has no battery and is temporarily inoperative . (Arellano v . Moreno (1973 ) 33 Cal .App .3d 877 , 882 [ 109 Cal .Rptr . �wFor�this�reason , an automobile, although inoperative , may still be a "vehicle" for Vehicle Code towing and disposal purposes . CHP Since the California Highway Patrol (CHP) enforces the Vehicle Code on County highways in the unincorporated area , this office contacted the CHP to ascertain its views . The CHP ' s represent- ative expressed the view that an abandoned vehicle would generally be treated as a vehicle under the Vehicle Code , as long as it had a vehicle identification number . The representative further indicated that at this time a request would probably not be made for a legal opinion from the Attorney General ( the CHP ' s legal counsel ) concerning the City of San Francisco' s reported plans to treat inoperative vehicles as litter . AB 2610 Assembly Bill 2610, introduced by Assemblyman Harris , would alleviate congestion in storage facilities for abandoned vehicles . Board of Supervisors -3- September 5, 1986 If enacted , AB 2610 would reduce the storage period for abandoned vehicles at storage facilities to 15 days and allow a more summary disposal of such vehicles having an estimated value of $100 or less . It was passed by the Legislature and sent to the Governor on 8-28-86 . LTF: te cc: Phil Batchelor , County Administrator Attn: John Gregory San Francisco City Attorney' s Office Attn: Kevin O' donnell Captain Oliver , C.H.P.