Loading...
HomeMy WebLinkAboutMINUTES - 05081984 - 1.55 TO: BOARD OF SUPERVISORS FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DATE: May 8, 1984. SUBJECT: Access to the Walnut Creek Right-of-Way at Mohr Lane pecific Requests or Recommendation(s) & Background & Justification RECOMMENDATION The Board, sitting in its capacity as the Board of Directors of the Contra Costa County Flood Control and Water Conservation District, authorizes the District' s Chief Engineer to arrange with a private towing company to remove vehicles parked illegally on District property and blocking access to the Walnut Creek Channel right-of-way and gaging station off Mohr Lane, in the City of Concord. BACKGROUND Flood Control and USGS personnel have been repeatedly denied access to and from the gaging station on Walnut Creek by vehicles parked illegally on District property in front of our access gate to the creek. Signs have been posted to no avail. Based on the recommendation of the City of Concord Public Works and Police Departments, we have concluded that the problem can be simply solved by contracting with a private towing -company which, under Section 3297 of the Concord Municipal Code and relevant sections of the California Vehicle Code, will post the property and, upon notice from authorized District or USGS personnel , will tow away the offending vehicle and handle all matters thereafter. Since in this respect the District is considered just another property owner within the corporate and jurisdictional limits of the City of Concord, no cost or liability would be incurred by the District. A copy of relevant code sections is attached. Continued on attachment: yes 4_ Signature• Recommendation of County Administrator ecommenda on of Board C)xknittee Approve Other: Signature(s): Action of Board on:--/-,/-/",/ i9 9 Approved as Recommended Other Vote of Supervisors I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN Unanimous (Absent ) AND ENTERED ON THE MINUTES OF THE Ayes: Noes: BOARD OF SUPERVISORS ON DATE SHOWN. Absent: Abstain: Attested y2Z a-4 e, /) 9,? SZ Orig. Div.: Public Works Department J.R. OLM, CEXXiY CLERK AND cc: County Administrator EX OFFICIO CLERK OF THE BOARD Public Works Director Flood Control Planning 00 117 Maintenance bjk:wcrofwbrdord.t4 � � ' By DEPUTY 4 LAWS GOVERNING PRIVATE PROPERTY PARKING Parking on Private Property Section 3297 (Concord Municipal ;Code). "It shall be unlawful for any person to drive upon or park any vehicle upon any land or .premises when there is posted thereon, at each and every vehicle entranceway, a printed notice that it is private property, restricting the use thereof and warning against trespassing. Said printed notice shall state: 'Private Property' or ' renant Parking Only, ' or such other language as may restrict the use thereof to described persons and warn against trespassing. Such notice must also contain the language 'S-action 3297, City of Concord Municipal Code. ' The letters on such notice shall be at least two inches in height, of one-half inch stroke and in a color contrasting with the background." (Ord. 754) . In addition, the signs must also include the telephone number of the police department. (671-3241) . Removal From Private Property-Section 22658 (California Vehicle Code) (a) The owner or person in lawful possession of any private property may, subsequent to giving notice to the city police, cause the removal of a vehicle parked on such property to the nearest public garage if there is displayed in plain view on the property a sign prohibiting public parking and containing the telephone-number of the local traffic law enforcement agency. The person causing removal of such vehicle shall, if the person knows or is able to ascertain from the registration records of the owner thereof, immediately give or cause to be given notice in writing to such registered and legal owner of the fact of such removal, the grounds for the removal, and indicate the place to which such vehicle has been removed. In the event the vehicle is stored in a public garage, a copy of the notice shall be given' to the proprietor of the garage. The notice provided for in this section shall include the amount of mileage on the vehicle at the time of removal. If the person does not know and is not able to ascertain the name of the owner or for any other reason is unable to give notice to the owner as provided in this section, such person causing removal of such vehicle shall comply with the requirements of Section 22853 relating to notice in the same manner as applicable to an officer removing a vehicle from private property. The provisions of this section shall not limit or affect any right or remedy which the owner or person in lawful possession of private property may have by virtue of other provisions of law author- izing the removal of a vehicle parked upon such property. (b) The owner of a vehicle " removed from private property pursuant to subdivision (a) may recover for any damage .to the vehicle resulting from any intentional or negligent act of any person causing the removal of, or removing, the vehicle. , Notice to Owner - Section 22852 (California Vehicle Code) Whenever the owner or his employee removes a vehicle from private property and stores it and the owner or employee is able to ascertain from registration records in the vehicle or knows the name and address of the registered and legal owner thereof, the property owner shall immediately give or cause to be given a notice in writing to such registered and legal owner of the fact of such removal, the grounds therefore and of the place to which such vehicle has been removed: In the event the vehicle is stored in a public garage, a copy of the notice shall be given to the proprietor of that garage. Notice to Department of Justice - Section 22853 (California Vehicle Code) Whenever an officer or employee removing a vehicle from a highway, or from public or private property, for storage under this chapter does not know and is not able to as- certain the name of the owner or for any ether reason is unable to give notice to the owner and in the event the vehicle is not returned to the owner within a period of 120 hours, the officer or employee shall immediately send or cause tc be sent a written report of such re- moval by mail to the Department of Justice at Sacramento and shall file a copy of the notic, with the proprietor of any public garage in which the vehicle may be stored. The report shall be made on a form furnished by such department and shall include a complete descripti, of the vehicle, the date, time, and place from which removed, the amount of mileage on the vehicle at the time of removal, and the name of the garage or place where the vehicle is stored. For further information: 671-3259 CP 121 SSO 00 118