HomeMy WebLinkAboutMINUTES - 12162008 - C.32 r
TO: BOARD OF SUPERVISORS Contra
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FROM: Catherine Kutsuris, Director <
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Department of Conservation and Development "" -�,• �r�
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DATE: DECEMBER 16, 2008
SUBJECT: ADOPT ABANDONED VEHICLE ABATEMENT ORDINANCE NUMBER 2008-36
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS:
ADOPT Ordinance Number 2008-36, designating the Sheriff and the Director of the Department
of Conservation and Development as the officials authorized to enforce the Abandoned Vehicle
Ordinance.
FISCAL IMPACT:
None to the County General Fund. The Abandoned Vehicle Program is funded through a $1
surcharge on State vehicle registration fees and from the Abandoned Vehicle Abatement Fee.
CONTINUED ON ATTACHMENT: ® YES ❑ NO SIGNATURE
C--au-���
_RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND
/ CORRECT COPY OF AN ACTION TAKEN AND
UNANIMOUS (ABSENT 40W ENTERED ON THE MINUTES OF THE BOARD OF
AYES: NOES: SUPERVISORS ON THE DATE SHOWN.
ABSENT: ABSTAIN: �)
ATTESTED
Contact: Mike Silva (925-335-1144) DAVID TWA, CLERK OF THE
cc: Department of Conservation and Development(DCD) BOARD OF SUPERVISORS AND
DCD - Business and Information Section COUNTY ADMINISTRATOR
DCD —Code Enforcement Section
_ BY , DEPUTY
LA/mlk
G:\AdminWdmin-op\Marjorie\Work for LA\Board Orders\BI\AVA—Ordinance-2008-36_Board_Order.d
ADOPT ABANDONED VEHICLE ABATEMENT ORDINANCE NUMBER 2008-36
December 16, 2008
Page 2
BACKGROUND/REASONS FOR RECOMMENDATIONS:
When originally established, the Abandoned Vehicle Abatement Program (AVAP) was
administered by the County Administrator's Office and operated by the County Sheriff's
Department in both the unincorporated areas of the county and the cities. In 2007 the Sheriff's
Department assumed the countywide administrative responsibilities for the AVAP including
conducting the annual AVAP meeting, compiling annual program data, preparing the quarterly
AVAP revenue allocation and arranging for periodic independent audits of the program. At the
same time the Sheriff's Department also continued to enforce the AVAP including tagging
abandoned vehicles, working with the vehicle and property owners to have the vehicles
removed, and coordinating with a towing company to tow vehicles that are not moved voluntarily.
Effective in January, 2009, the Conservation and Development Department, specifically the
Code Enforcement Section,will assume the countywide administrative responsibilities along with
enforcement duties on private property. Ordinance Number 2008-36 (attachment#1) provides
for the administration of the AVAP program by the Conservation and Development Department.
By separate Board Order, amendment to the Abandoned Vehicle Abatement Fee Ordinance
Number 2008-35 will be considered on the Board's December 9, 2008 agenda.
ATTACHMENT 1
ORDINANCE NO. 2008-36
ABANDONED VEHICLE ABATEMENT ENFORCEMENT OFFICIALS
The Contra Costa County Board of Supervisors ordains as follows (omitting the-parenthetical
footnotes from the official text of the enacted or amended provisions of the County Ordinance
Code):
SECTION I. SUMMARY. This ordinance amends Division 430 of the County Ordinance
Code to designate the Sheriff and the Director of the Department of Conservation and
Development as the officials authorized to enforce the Abandoned Vehicle Ordinance of Contra
Costa County.
SECTION II. Section 430-4.014 of the County Ordinance Code is amended to read:
430-4.014 Enforcement officer.
"Enforcement officer"means the sheriff and the director of the department of conservation and
development as the officials responsible for administering and enforcing the provisions of this
division. (Ords. 2008-36 §2, 45-2 §2.)
SECTION III. Section 430-6.002 of the County Ordinance Code is amended to read:
Section 430-6.002 Enforcement authority.
The sheriff and the director of the department of conservation and development are designated
the enforcement officers for this division. The sheriff and the director of the department of
conservation and development, and their regularly salaried full-time employees, are responsible
for enforcing and administering this division pursuant to Vehicle Code Section 22663. To the
extent allowed by law,these employees and other persons duly authorized by the sheriff or the
director of the department of conservation and development may enter upon private or public
property to examine a vehicle or vehicle parts, obtain information as to the identity of a vehicle,
and to remove or cause the removal of an abandoned vehicle. (Ords. 2008-36 §3, 95-2 §2, 86-58
§3,77-112.)
ORDINANCE NO. 2008-36
1
SECTION IV. EFFECTIVE DATE. This ordinance becomes effective 30 days after passage,
and within 15 days after passage shall be published once with the names of supervisors voting for
or against it in the Contra Costa Times, a newspaper published in this County.
PASSED on DECEMBER 16, 2008 ,by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, PIEPHO, BONILLA AND GLOVER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST: DAVID TWA,
Clerk of the Board of Supervisors oard Chair
and County Administrator `
By: [SEAL]
eputY
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ORDINANCE NO. 2008-36
2
"CCT Legals" To "Emelda Sharp"<EShar@cob.cccounty.us>
" <cctlegals@bayareanewsgro
' up.com> cc
12/1812008 09:31 AM bcc
Subject RE:Ordinance No.2008-36
ad#3032438 all set.-
Legal Advertising
Contra Costa Times -Concord Transcript- Lamorinda SUN
Bay Area News Group- East Bay
Ph: 925-943-8019
Fx: 925-952-5019
From: Emelda Sharp [mailto:EShar@cob.cccounty.us]
Sent: Thu 12/18/088:42 AM
To: CCT Legals -
Subject: Ordinance No. 2008-36
Dear Aron,
Please publish the above adoption of Ordinance no.2008-36, in
your Contra C6sta Times,on December 22,2008,under our ref.no. 2202.
Thanks for your attention
(See attached file: ORDINANCE NO. 2008-36.doc)
Emelda L. Sharp
Clerk of the Board