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HomeMy WebLinkAboutMINUTES - 03181986 - 2.1 (2) 1 Tom. BOARD-6F SUPERVISORS FROM; Phil Batchelor, County Administrator Cwtra Costa DATE: March 1J, 1986 COU SUBJECT: Legislation: Assembly Bill 2601 (Harris) { SPECIFIC REQUEST(S)iOR RECOMMENDATION(S) & BACKGROUND Alm JUSTIFICATION I RECOMMENDATIONS: � r 1. Adopt la position of support for AB 2601 by Assemblyman Harris. 2 . Support any legislation similar to AB 532 (Hauser) which would augment the Abandoned Vehicle Trust Fund. i BACKGROUND: Vehicle Code Section 22669 provides the basic authority for a Peace Officer, or other designated employee of the State, or a city, or county, who has reasonable grounds to believe that a vehicle has been abandoned, to order the vehicle removed from a highway orfrom public or private property. Vehicle Code Section 22670 provides that for lien sale purposes the public1agency causing the removal of a vehicle shall determine whether the estimated value of the vehicle is $100 or less; over $100 but $1000 or less; or over $1000. For vehicles with a value over $100,' the Vehicle Code provides that the lien shall be satisfied pursuant to specified sections of the Civil Code. If the value of the vehicle does not exceed $100, an expedited procedure is provided for disposing of the vehicle. Under this expedited procedure, the public agency which removed the vehicle must notify the Department of Justice and provide the lien holder with a report, including specified information. In turn, the lien holder must request from the Department of Motor Vehicles the name and address of all persons having an interest in the vehicle, including the registered and legal owner of the vehicle. Once this information is received, the lien holder must send the registered and legal owners a specified form entitled "Notice of Intent to Dispose of a Vehicle Valued at $100 or Less" ; a blank form entitled "Declaration of Opposition" , and. a return envelope addressed to the lien holder. If the "Declaration of Opposition" is completed and returned to the lien holder within 10 days, the lien holder can dispose of the vehicle only by obtaining a court judgment. If the "Declaration of Opposition',' form is not returned, the lien holder may dispose of CONTINUED ON ATTACMNENT; YES SIGNATURE: X_ RECOMMENDATION IOF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE /"'• -'- _ APPROVE OTHER I SIGNATURE S : ak 1 L ACTION OF BOARD ON t1arrh 18, 1986 APPROVED AS RECOMMENDED OTHER The Board APPROVED the aforesaid recommendations and DIRECTED the Clerk to distribute this order to all counties in California urging their support for legislation of this type. i The Board also REQUESTED the County Administrator to contact the County's lobbyist to coordinate support for this legislation. VOTE OF SUPERVISORS 1 HEREBY CERTIFY THAT THIS IS A TRUE i Y' UNANIMOUS (ABSENT --- AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. cc: County Administrator ATTESTED March 18, 1986 Sheriff-Coroner -_— PHIL BATCHELOR, CLERK OF THE BOARD OF Assemblyman El i hu Harris SUPERVISORS AND COUNTY ADMINISTRATOR Kathy Snodgrass, Jackson/Barish All California Counties _ M382/7-83 BY DEPUTY J ..~Page 2 the vehicle by transferring it to a licensed dismantler, or scrap iron processor. If the vehicle is valued at more than $100, but not more than $1000, or if the vehicle is valued at more than $1000, more extensive procedures are provided in the Civil Code, including notice of a lien sale and the actual sale of the vehicle. . AB 2601 would increase the limit under which the expedited procedures could be utilized for disposal of a vehicle from $100 to $300 thereby increasing the number of vehicles which could be disposed of by this expedited procedure. Since AB 2601 would make it easier to dispose of abandoned vehicles with relatively little value, it is appropriate for the Board to support AB 2601. In 1985, the Board of Supervisors supported AB 532 by Assemblyman Hauser which would have transferred $4,700,000 from the General Fund to the Abandoned Vehicle Trust Fund. AB 532 passed the Assembly Transportation Committee on April 10, 1985, but was held under submission in the Assembly Ways and Means Committee. AB 532 died because it failed to pass its house of origin by January 30, 1986. The bill cannot be considered again this Session. We are unaware of any other pending legislation which would augment the Abandoned Vehicle Trust Fund. In addition to the general authority the Highway Patrol has to remove abandoned vehicles, the Vehicle Code also provides authority for local ordinances to establish procedures for the abatement and removal as public nuisances of abandoned, wrecked, dismantled, or inoperative vehicles from public or private property, excluding highways. (Vehicle Code Section 22660) . The Vehicle Code also contains requirements for the ordinance which is adopted pursuant to Vehicle Code Section 22660 to provide for the disposal of the vehicles removed pursuant to this ordinance, and authorizes the Highway Patrol to administer the local program if the local agency wishes. In this case, the Highway Patrol could be reimbursed by the Abandoned Vehicle Trust Fund to the extent they are not reimbursed by the local authority. Such a local program is not, of course, required in order to accomplish the removal of abandoned vehicles because of the underlying authority provided in Vehicle Code Section 22669. As we understand the problem referred to us by the Board of Supervisors on March 11, 1986, a problem exists in portions of the County where there is an accumulation of abandoned vehicles on private property. There are insufficient funds in the Abandoned Vehicle Trust Fund to reimburse the Highway Patrol for removal of these vehicles. In the absence of adequate funding from the Abandoned Vehicle Trust Fund, or the ability of local government to establish and finance such a program, it is unlikely that a major effort to remove abandoned vehicles from private property will be successful. We will discuss with the County' s lobbyist the possibility of pursuing legislation similar to AB 532 or augmentation in the State Budget for 1986-87 of the Abandoned Vehicle Trust Fund. Providing general authority and support from the Board for such an effort and in resulting legislation will assist these efforts.