HomeMy WebLinkAboutMINUTES - 12092008 - SD.4 TO: BOARD OF SUPERVISORS Contra
FROM: CATHERINE KUTSURIS, DIRECTOR
Costa
DEPARTMENT OF CONSERVATION AND DEVELOPMENT ,
County
DATE: DECEMBER 9, 2008 SrA °°x
SUBJECT: AMEND ABANDONED VEHICLE FEE ORDINANCE NUMBER 2008-35
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS:
OPEN the public hearing, RECEIVE testimony, and Close the public hearing;
ADOPT Ordinance Number 2008-35 to establish a fee in' the amount of$275 to be charged and
collected when the County removes from public or private property an abandoned vehicle that
has been declared a public nuisance;
FISCAL IMPACT:
The proposed fee is authorized by Government Code sections 54985 and 54988 and Vehicle
Code section 22660.The actual amount of revenue to be generated through the fee will depend
upon the number of persons subject to the Abandoned, Vehicle Abatement Program. It is
estimated, based upon the experience of the County Sheriff's Department, that approximately
800 to1700 vehicles will be subject to the program each year. Calculations supporting the
proposed fee increase are attached for reference.
CONTINUED ON ATTACHMENT: ® YES ❑ NO SIGNATURE
RECOMMENDATION OF COUNTY ADMINISTRATOR ' RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE (S):
ACTION OF BOARD ON a W!9APPROVED RECOMMEN D OTHER
VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND
/ CORRECT COPY OF AN ACTION TAKEN AND
I" UNANIMOUS (ABSENTChMAQENTERED ON THE MINUTES OF THE BOARD OF
AYES: NOES: SUPERVISORS ON THE DATE SHOWN.
ABSENT: ABSTAIN:
ATTESTEDLQuffLber
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 T,\ _ �(.L � , DEPUTY
LA/mlk
GAAdmin\Admin-op\Marjorie\Work for LA\Board Orders\BI\AVAPBoard Order.doc
Amend Abandoned Vehicle Abatement Fee (AVAP)
December 9, 2008
Page 2
BACKGROUND/REASONS FOR RECOMMENDATIONS: .
Effective 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 for the Abandoned Vehicle Abatement Program (AVAP).
The Sheriff's Department will continue enforcement duties on public properties and public right of
ways. The Sheriff's Department will receive a share of the annual revenues from the State of
California for AVAP based upon the number of vehicles handled.
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The AVAP is funded through a $1 surcharge on State vehicle registration fees. The portion of the
surcharge received by the County has been less than the costs to administer and enforce the
program. Consequently, the county AVAP fee assists in covering the actual program costs.
Ordinance Number 2008-35 (attachment#1) increases the current per vehicle fee from $220
to $275. The increase to the/AVAP fee is based upon: (1) direct costs for contract towing
services; (2) Code Enforcement Section clerical support, one-quarter to one-half time of an
Inspection Supervisor, Inspection Manager and Senior Inspector; and, (3) department and
county cost allocations. Cost data is attached for reference (attachment #2).
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f ATTACHMENT 1
ORDINANCE NO. 2008-35
(Luicodified)
(Abandoned Vehicle Abatement Fee)
The Contra Costa County Board of Supervisors ordains as follows:
SECTION I. Authority.
This ordinance is enacted p-arsuant to Government Code sections 54985 and 54988 and
Vehicle Code section 22660.
SECTION U. Notice and Hearing.
This ordinance was adopted pursuant to the procedures set forth in Government Code
section 54986.: All required notices have been properly given and public hearings held.
SECTION III. Fee Adoption.
On and after the.effective date of this ordinance, a fee of$275 is adopted and shall be
charged and collected when an abandoned vehicle that has been declared a public nuisance is
abated and removed from private or public property plusuant to Division 430 of the Contra Costa
County Ordinance Code.
SECTION IV. Fee Schedules.
The Sheriff's Department fee schedule and Land Development fee schedule shall be
revised to be consistent with this ordinance. .
SECTION V. Severability.
If any fee or provision of this ordinance is held invalid or unenforceable by a court of
competent jurisdiction,that Bolding shall not affect the validity or enforceability of the remaining
fees or provisions, and the Board declares that it would have adopted each part of this ordinance
irrespective of the validity of any other part.
ORDINANCE NO. 2008-35
1
SECTION VI. Supersede.
This ordinance supersedes all ordinances, resolutions, and other actions of the Board of
Supei visors that established fees for the services specified in this ordinance.
SECTION VII. Effective Date.
This ordinance becomes effective 3 0 days after passage. Within 15 days of passage, this
ordinance shall be published once with the names of the supervisors.voting for and against it in
the Contra Costa Times, a newspaper published in this County.
PASSED ON by by the following vote:
AYES: GIOIA,UILKEMA,PIEPHO,
BONILLA&GLOVER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST: DAVID TWA,
Clerk of the Board of Supervisors Board Chair
and County Administrator J� �'v-
By:
vBy:
Deputy
H:\2008\Codc EnforcemenAabandoned veh fee and-5nahvpd
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ORDINANCE NO. 2008-35
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NOTICE OF A
PUB IC EARING
The Contra Costa County Board of Supervisors will hold a public meeting on
TUESDAY, DECEMBER 9, 2008 at 9:30 a.m. in the Board of Supervisors Chambers,
County Administration Building, 651 Pine Street, Martinez, California, to consider an
INCREASE TO THE ABANDONDED VEHICLE ABATEMENT FEE from $220 to$275
to defray costs of removing from public or private property in the unincorporated
County area, abandoned vehicles that have been declared public nuisances. Oral and
written presentations on the proposed fee will be considered at the meeting.
At least fourteen (14) days prior to December 9, 2008 data indicating the proposed fee,
the cost or estimated cost of providing the services for which the fee will be levied, and
the revenue sources anticipated to provide the services, will be on file in the office of
the Clerk of the Board of Supervisors, located at the above address, Room 106, and
will be available there for public inspections. Names of persons to contact for more
information about specific fees will also be on file.
Dated: November 26, 2008 ATTEST: David Twa, Clerk of
the Board of Supervisors and
County Administrator
By:
Deputy
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