Loading...
HomeMy WebLinkAbout1991-09-24; City Council; 11364; ABANDONED VEHICLE ABATEMENT PROGRAM AND PLANL ;' 4 o\ co 0 4 n bi aJ P 0 U 0 u +I M .rl d E aJ 5 U *a aJal u u a gg 00 ss! ' ' f22 kN Qal UU UU 2 8 $ Q) a & . . drl 0 3 c a mrl z! o z 3 0 o 0 U aJ aJ 0 zg .I4 .rl ' gg z 6 am '\ '0 w imur bAHLSBAU - AUENWBILL W- AB# ~~~c~b 7 TITLE: DEPT. CITY 1 MTG, 09-24-91 ABA"EDvEHIcLEABA~ENT PROGRAM AND PLAN DEPT. CM CITY I RECOMMENDED ACTION! Adopt Resolution No. q I - 3&L20 Vehicle Abatement Service Authority and service program and plan. JTEM EXPLANATION: Earlier this year the Board of Supervisors and ten of eighteen cities in the Co approved the formation of a service authority for abandoned vehicle abatement. authority would be funded by a $1 vehicle registration fee in San Diego County. In c to form the authority, a majority of the cities with a majority of the incorpor population must approve it. Initially, Carlsbad was not one of the ten cities appro the authority and, along with several other cities, requested that a needs assessmer. conducted and the service plan drafted before approval were given. Consultants f including representatives from the Police Department, Code Enforcement Office and Manager's Office. The result is the attached service plan and needs assessment. One of staff's main concerns was how funds from this Authority would be allocated 1 to cities. Projected revenue for the authority in 1992 equals $1,976,408. After 1 (1%), State Controller ($1,000) and service authority fees (5%) are deducted, fi available equal $1,876,637. According to the plan, the disbursement of funds shal based upon a local jurisdiction's percentage of the population in the county using 1 Census data. Carlsbad's population is 2.53% of the total County population; therefore, projected abandoned vehicle fund for 1992 is $47,423. It is important to note that t funds would be set aside for Carlsbad's use only. If we do not exhaust these funds ir five-year life of the authority, they will still be available for our use until they exhausted. The City will be eligible to submit an application for reimbursement each qua Reimbursable costs include staff time involved in public and private abatements spent on vehicle abatements. Under this plan, an abandoned vehicle is defined as ' vehicle or part, suspected of being abandoned or a public nuisance, which comes to attention of a public agency and results in an investigation, and which is removed f an unlawful location." Because removal may come about after a simple verbal wart or by prolonged court action, this definition ensures that all applicable costs considered during the various stages of the public and private vehicle abatement proc Because the service plan addresses the City's concerns adequately, staff is recornmen( approval of the abandoned vehicle service authority. EXHIBITS: 1. 2. 3. 4. Needs Assessment Study. approving formation of the San Diego Abandc TECHPLAN Corporation conducted the needs assessment by interviewing city persor related overhead costs. It will be necessary for staff to begin keeping records of all t Resolution No. 9 I -328 . Model contract between service authority and local jurisdictions. Abandoned Vehicle Abatement Program and Plan. I 7 1 2 3 4 5 6 7 8 9 10 11 12 l3 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 * a RESOLUTION NO. 9 1 - 3 2 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY 01 CARLSBAD APPROVING FORMATION OF THE SAN DIEGC ABANDONED VEHICLE ABATEMENT SERVICE AUTHORITi ANI SERVICE PROGRAM AND PLAN WHEREAS, the City Council of the City of Carlsbad does hereby resolve a follows: WHEREAS, Section 22710 of the California Vehicle Code provides for the establishment of a Service Authority for Abandoned Vehicle Abatement ant imposition of a $1.00 vehicle registration fee if the Board of Supervisors of tht County, by a two thirds vote, and a majority of cities within the County having i majority of the incorporated population, adopt resolutions providing for thc establishment of the authority and imposition of the fee; and, WHEREAS, The City Council finds that an organized program for the abatement, removal, and disposal of abandoned, wrecked, dismantled, 01 inoperative vehicles is needed to protect the health and safety of citizens; and, WHEREAS, Section 22710 of the California Vehicle Code provides for the membership of the Service Authority to be detennined by a concurrence of the Board of Supervisors and a majority vote of the majority of cities within the County having a majority of the incorporated population; and, I d I1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 1) e WHEREAS, Section 22710 of the California Vehicle Code provides that a Service Program and Plan shall be implemented only with the approval of t’ County and a majority of the cities having a majority of the incorporatl population. BE IT RESOLVED AND ORDERED AS FOLLOWS: That the above recitations are true. That the San Diego Abandoned Vehicle Abatement Service Authority be established in San Diego County pursuant to Section 22710 of t California Vehicle Code; and 3. 1. 2. That a $1.00 vehicle registration fee be imposed in San Die County pursuant to Section 22710 of the California Vehicle Code; and 4. That the Board of Directors of the San Diego Service Author for Freeway Emergencies shall constitute the members of the Board of Directors the San Diego Abandoned Vehicle Abatement Service Authority; and I 5. That the Service Program and Plan of the San Diego 2o 21 22 23 24 25 26 27 28 Abandoned Vehicle Abatement Service Authority be approved. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsk 1991 by the follow: City Council held on the 15th day of October t vote, to wit: 11 ( 1 2 3 4 5 6 7 a 9 lo 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 II m W AYES: Council Members Lewis, Larson and Stanton NOES: None ABSENT: Council Members Kulchin and Nygaard CLAUDE A. LEWIS, Mayor ATTEST: aa;dCe&o? ALETHA L. RAUTENKEWNZ, City Clerk -< .. . . I m e AGREEMENT FOR FUNDING BETWEEN THE CITY OF [OR TXE COUNTY OF SAN DIEGO] AND THE SAN DIEGO ABANDONED VEHICLE ABATEMENT SERVICE AUTHOMTY This agreement is made between the City of , ("City") [County of San Diego ("County")] and the San Diego Abandoned Vehicle Abatement Service Authority ("Service Authority") for hding of the abatement, removal, and disposal of abandoned vehicles in San Diego county. mcrrfis The Service Authority is authorized by section 22710 of the Vehicle Code to collect and disburse funds for the abatement, removal, and disposal as public nuisances of abandoned, wrecked, dismantled, and inoperative vehicles, or parts of vehicles, on public and private property within San Diego county. The Service Authority is fhlher authorized by section 22710 of the Vehicle Code to contract with a county or city for removal and disposal of these vehicles and parts. A one dollar vehicle registration fee has been imposed on vehicles registered in San Diego County pursuant to section 22710 of the Vehicle Code for these purposes. The City [or the County] has established procedures for the abatement, The Service Authority has adopted an abandoned vehicle abatement removal, and disposal as public nuisances of these vehicles and parts. Program and Plan ("Program and Plan"). The Program and Plan have been determined by the Department of California Highway Patrol to be consistent with its Guidelines, and have been approved by the City [the County]. The Service Authority proposes to fund the City's [County's] removal and disposal of vehicles by reimbursing costs, as specified in the Program and Plan. - G-1 m * AGREEMENT 1. Submission of ReDor& . City [County] shall submit to the Service Authority the required reports described in the Program and Plan, on the dates provided in the Program and Plan. 2. Reimburse men& The Service Authority shall reimburse the City [the County] as provided in the Program and Plan. 3. Term. This agreement shall become effective upon execution by both parties and shall terminate on the date that all funds received by the Service Authority pursuant to sections 9250.7 and 22710 of the Vehicle Code, which have been allocated to the use of the City [County], have been expended by the City [County]. 4. Insnecb 'on of Reco rds. The Service Authority may, at my time during normal business hours, examine all writings and ther data of the City [County] related to the reports submitted by the City [County] to evaluate the accuracy, completeness, and timeliness of the reports. 5. Indemnity. The City [County] shall defend and indemnify the Service Authority &om any claims of third persons arising out of the City's [County's] abatement program or out of the performance by the City [County] of this agreement. 6. hlz 're Ayreement. This agreement contains the entire agreement between the parties. 6-2 w Dated: San Diego Abandoned Vehicle Abatement Service Authority Granville M. Bowman Approved as to form and legality for San Diego AVA Service Authority Lloyd M. Harmon, Jr. bY bY Executive Director Deputy County Counsel -----------_--------l_____________l_____-------------------------------------------- Dated: CITY OF BY my: [COUNTY OF SAN DIEGO] City Manager Clerk of the Board of Supervisors] [Lloyd M. Harmon, Jr. City Attorney City of County Counsel] By: BY: 1 - - 6-3 I__...-. - e 0 I, ABANDONED VEHICLE ABATEMEN' PROGRAM AND PLAN SAN DIEGO COUNTY ABANDONED VEHICLE ABATEMENT SERVICE AUTHORITY Prepared by: TECHPLAN Corporation 5353 Mission Center Road Suite 31 0 San Diego, CA 92108 September 9,1991 w W ABANDONED VEHICLE ABATEMENT PROGRAM AND PLAN TABIS OF CONTENTS .. 1.0 PURPO .............................................. 2.0 BACKGROUND.. ...................................... 3.0 GENERALPROVISIONS. e 8 m a a, e e s e s e I e a * * * v v e e 3.1 Service Authority Board of Directors, ....................... 3.2 Service Authority Staff. ................................ 3.3 Cessation of Service Authority. ........................... 4.0 REQUIREDRESOLUTIONS.. ............................ 6.0 ESTIMATE OF THE NUMBER OF ABANDONED VEEICLES ..... 6.0 COPIESOFORDINANCES.. ............................. 7.0 ENFORCEMENT AND DISPOSAL STRATEGY. ............... 7.1 Enforcement.. ...................................... 7.2 Dispos ............................................. 8.0 COSTRECOVERY.. ................................... 9.0 CONTRACTUAL AGlWEMENTs ........................... 10.0 FISCALCOJS'I'ROLSANDRBPOR'IIS.. ..................... 10.1 Disbursements. ..................................... 10.1.1 Service Authority Administrative Costs, ................ 10.1.3 Disbursement Limit. ............................. 10.1.4 Reimbursement.. ............................... 10.1.4.1 Application For Reimbursement. ................... 10.1.4.2 Computation of Reimbursable Costs ................. 10.1.5 Actual Reimbursement. .......................... .I 10.1.6 Excess Allocation. .............................. .1 10.2 Audits .......... :................................l 10.3 QuarterlyReporting.. ............................... I 10.3.1 ServiceAuthority.. ............................. 1 10.3.2 Jurisdictions Within The Service Authority. ............. 11 10.3.2.1 Abated Vehicle Interpretation. ................... 1 10.3.2.2 Abandoned Vehicle Interpretation. ................ .l . 10.1.2 Repayment of Loan. .............................. I, - i 0 Appendix A - California Vehicle Code Section 22710 Appendix B - California Highway Patrol Abandoned Vehicle Abatement Guidelines Appendix C - San Diego County Abandoned Vehicle cover) Appendix D - Copies of Resolutions Establishing Service Abatement Needs Assessment Study (under separate Authority Vehicle Abatement Program and Plan Appendix E - Copies of Resolutions Approving Abandoned Appendix F - Copies of Abandoned Vehicle Abatement Ordinances Appendix G - Model C!onixact Between Service Authority and Local Jdsdictiom Appendix H - Sample Application For Reimbursement and Worksheet - ii 0 W SAN DIEGO COUNTY ABANDONED VEHICLE ABATEMENT SERVICE AUTHORITY ABANDONED VEHICLE ABATEMENT PROGRAM AND PLAN 1.0 PURPOSE The San Diego County Abandoned Vehicle Abatement Service Authority (hereinafter referred to as the "Service Authority") is established for the management of hds collected for the abatement, removal and storage of abandoned vehicles hm private and public property in the incorporated cities and unincorporated area of San Diego county. The purpose of this Service Plan is to establish pmcedurea under which the Service Authority will operate. 2.0 BACKGROUND Authority to operate the Service Authority is provided by California Vehicle Code Section 22710. Appendix A contains a copy of Section 22710. Authority to collect a $1.00 fee for each vehicle registered in the county is provided by California Vehicle Code Section 9250.7. The Department of California Highway Patrol has promulgated dorm guidelines for the establishment of abandoned vehicle abatement plans developed by Service Authorities. A copy of the guidelines is enclosed as Appnclix B. A Needs Assessmenf Study completed in September 1991 demonstrated ,the need for creation of the Service Authority in the County of San Diego and is attached as Appendix C. Approvd of this Program and Plan shall be by a majority vote of the Board of Supervisors of the County of San Diego and the majority of the cities in the county having a majority of the incorporated population. 3.0 GENERAL PROVISIONS r 3.1 The Board of Directors of the Service Authority For Freeway Emergencies (SAFE) shall constitute the Board of Directors of the Service Authority. Service Authority Board of Directors 1 0 e 3.2 Service Authority Staff Personnel fkom the County of San Diego, serving in positions existing prior to establishment of the Service Authority, shall provide staff support to the Board of Directors of the Service Authority. 3.3 Cessation of Service Authority The Service Authority will cease to exist on the date that all funds received 22710 have been expended. 4.0 LEEQUIEWD RESOLUTIONS Appendix D contains resolutions from the County of San Diego and each city which approved the establishment of the Service Authority, collection of a $1.00 fee for each registered.vehicle within the county of San Diego and selection of the Board of Directors of SAFE to serve as the Board of Directors of the Service Authority. Appendix E contains resolutions &om the County of San Diego and each city which approved the Abandoned Vehicle Abatement Program and Plan. The above references constitute conmence of the County of San Diego and the majority of the cities with the majority of the incorporated population as required by California Vehicle Code Section 22710. 6.0 Based on the results of the Needs Assessment Study of September 1991, 71,580 abandoned vehicles were abated fkom private property, public rights- of-way and highways in all jurisdictions in San Diego County during the calendar year 1990. This figure includes both voluntary and involuntary abatements. In addition, an estimated 1,825 abandoned vehicle cases remained open in the unincorporated area of the county as of the end of calendar year 1990. Equivalent statistics for 1990 were not available fkom other jurisdictions in the county. Interviews with enforcement personnel indicated that the majority of vehicle abatements are initiated by receipt of a complaint rather than through proactive means, and that a significant number of unreported abandoned vehicles may exist throughout the county. Costs for abating these unreported abandoned vehicles are not included in the program costs described in the Needs Assessment Study. by the authority pursuant to California Vehicle Code Sections 9250,7 and ESTIMaTE OF "HE NUMBER OF ABANDONED VEHICLES 2 0 0 6.0 COPIES OF ORDINANCES Ordinances for the abatement, removal and disposal of abandoned, wrecked, dismantled or inoperative vehicles hm private property, public rights-of-way and highways from each jurisdiation are listed in Table 1. Appendix F contains copies of Ordinances from each jurisdiction within the County of San Diego. 7.0 ENFORCEMENT AND DISPOSAL STRATEGY 7.1 Enforcement Pursuant to California Vehicle Code 22710, Service Authority staff will not perform actual removal and disposal of abandoned vehicles. Rather removal and disposal of such vehicles will continue to be the responsibility of the local jurisdictions pursuant to this Program and plan and individual contracts between the Service Authority each local jurisdiction. The Needs Assessment Study has determined that local jurisdictions currently operate abandoned vehicle abatement programs in conformance with applicable provisions of the California Vehicle Code. Although there are individual variances among jurisdictions, a composite of the procedures for public rights-of-way and highways was determined during the Needs Assessment Study and is shown in Figure 1. A composite of the procedures for private property is illustrated in Figure 2. Agencies currently conducting vehicle abatement for private property, public rights-of-way and highways are listed by jurisdiction in Table 1. The Service Authority will not separately and indi~dudy contract for any phase of the removal and disposal of abandoned vehicles. . 7.2 DiSp~sal Disposal of abandoned vehicles will be accomplished by each jurisdiction within the county according to contract terms currently in effd with taw operators. Removal and disposal of abandoned vehicles shall be accomplished pursuant to applicable provieions of the California Vehicle Code. Contra& with disposal, dismantling, recycling and scrap yards are the responsibility of individual tow operators. 3 z? E p1 P e I o= PQ) E sa c a g 8 E cz 3 rn a, 0 C.C., a 0 cn a, .- c a c 3 4 e w Citizens PD Patrol Voluntary Com pli ance Dispose Of Vehicle L Dismantler 4 + Lien Sale (Value < $300) 5 Citizens b Proactive b Complaint Processing - r Investigate Property LEGEND ------- Voluntary 4- - - - - - - - - . Compliance Send Required Notices 1 8.0 COST RECOVERY Local jurisdictions which do not already have them are encouraged to develop Ordinances covering cost recovery strategies pursuant to California Vehicle Code Section 22653 and Government Code Sections 25845 and 38773.5. Funds received through these programs will not offset a jurisdiction's reimbursement under the provisions of this Program and Plan. Existing local jurisdictions' cost recovery programs, whether or not created as recommended above, are listed in Table 1. 9.0 CONTRACTUAL AG- A model contract containing respective rights and responsibilities of the Service Authority and local jurisdictions is attached as Appendix G. Before a local jurisdiction is eligible to receive bds from the SeMce Authority it shall execute a confract in substantial conformance with the model contract. Completed contracts between a local jurisdiction and the Service Authority will be forwarded to the California Highway Patrol for incorporation in this Program and Plan as they are executed. Execution by a local jurisdiction of a contract substantially similar to the model contract does not constitute a revision requiring the concurrence of the County of San Diego and the majority of the cities with a majority of the incorporated population 10.0 FISCAL COEppstOLS AND FtEPORTS 10.1 Disbursements 10.1.1 Service Authority Admuu * 'strativeCosts The Service Authority will deduct from the gross hds received fkom the State Controller, its costs for program management, accounting, audit and other administrative expenses. Subject to the pmvisions of Paragraph 10.1.2 below, the term "net receipts" shall me811 the funds received quarterly fhm the State Controller less the foregoing administrative costs. 10.1.2 Repayment of Loan Because receipt of hds from the State Controller is not projected until &er the Second Quarter in 1992, the Service Authority will initially be funded through a loan fkom the County of San Diego. Repayment of the principal and 7 a e interest due on that loan will be made hm monies received &om the State Controller prior to disbursement to local jurisdictions. 10.1.3 Disbursement Limit The maximum disbursement to which each local jurisdiction may be entitled shall be a pro-rata share of net receipts. The pro-rata share shall be based upon a local jurisdiction's percentage of the population within the county of San Diego using 1990 Census data. Table 2 provides a summary of projected pro-rata shares by jurisdiction. 10.1.4 Reimbursement 10.1.4.1 Application For Reimbursement Within 15 days after the end of each calendar quarter, beginning with the &st quarter in which the vehicle registration fee authorized under California Vehicle Code Section 22710 is collected within the county of San Diego, each jurisdiction eligible for reimbursement hereunder shall submit an Application For Reimbursement for vehicle abatement costs. A sample Application For Reimbursement is provided as Appendix H. These costs shall be calculated according to the formula in Paragraph 10.1.4.2 below. The Application For Reimbursement by a local jurisdiction shall contain a certification signed by the Fiscal Officer or designee as to the completeness and accuracy of the information submitted to the Service Authority. 10.1.4.2 Computation of Reimbursable Costs Reimbursable costs shall be computed using the following factors: P Personnel classifications performing abandoned vehicle abatements on private property, public rights-of-way and highways Q Number of hours expended on abandoned vehicle activities for each personnel classification P Hourly salary (including benefits) for each personnel classification 8 0 e Table 2 SAN DIEGO VEHICLE ABATEMENT SERVICE AUTHORITY PROJECTED AVA PRO-RATA SHARE BY JURlSDlCTlON , ' SOURCE: SANDAQ DATA ON 1990 CENSUS - - 9 0 0 P The local jurisdiction's indirect overhead rate, expressed as a percentage of the salary and benefits It is the responsibility of the local jurisdiction to obtain any of the above information ikom its contractors, if any. The Service Authority may make minor revisions to the factors specified in Paragraph 10.1.4.2 for calculating quarterly program costs. 10.1.5 Actual Reimbursement Actd reimbursement to a local jurisdiction shall be the lesser of the maximum reimbursement allocation as defined in Paragraph 10.1.3 or its actual approved program costs for that quarter as defined in Paragraph 10.1.4.2. 10.1.6 Excess Allocation Should a local jurisdiction's maximum allocation as defined in Paragraph 10.1.3 exceed its actual program costs as defined in Paragraph 10.1.4, that excess allocation may be applied to any unreimbursed program costs &om any prior quarter or carried forward in an interest bearing account established by the Service Authority. Any such unapplied excess allocation shall be held for the exclusive credit of that local jurisdiction. Commencing in the year &r collection of the $1.00 vehicle registration fee ceases, excess funds held by the Service Authority to the credit of a local jurisdiction will remain on deposit with the Service Authority. Applications for Reimbursement will continue to be processed after deduction of administrative costs by the Service Authority. 10.2 Audits The Service Authority, or its agent, shall have the right, at quarterly intervals, to examine all books, records, documents and other data of local jurisdictions related to vehicle abatement costs for the purpose of evaluating the accuracy, completeness and currency of the cost or vehicle data submitted. In addition, an audit of the Service Authority by Wdependent firm, selected by the &mice Authority, shall be conducted annually. As an agent of the Service Authority, such firm will have the right to inspect local jurisdictions' records. - 10 W 0 10.3 Quarterly Reporting 10.3.1 Service Authority Each quarter the Service Authority shall report the following data to the California Highway Patrol as required under California Vehicle Code Section 22710: Gross hds received from the Abandoned Vehicle Trust Fund during the quarter and year-to-date An itemized statement of the Abandoned Vehicle Trust Fund monies expended by the Service Authority during the quarter and year-to-date The total number of vehicles and parts thereof abated by the Service Authority during the quarter and year-to-date An assessment of the effectiveness of the Service Authority's Abandoned Vehicle Abatement program for the quarter and year-to-date a P Q Q 10.3.2 Jurisdictions Within The Service Authority Jurisdictions shall maintain the following statistics, subtotaled for private property and public rights-of-way and highways, for the prior quarter and year-to-date, to facilitate and standardize quarterly reporting county-wide: c3 Number of complaints received (public rights-of-way and P Number of vehicles abated CL highways) or cases opened (private property) Vehicle abatement backlog (defined as the number of cases open that have been opened in excess of 60 days as of the remy end o the prior quarter) Number of vehicles removed and stored, subtotaled by CVC Section 22669 and Other storage authorities used for removal The actual number, or an estimate of the number of vehicles stored that are disposed of prior to claiming by registered owners. This statistic shall apply to any vehicle stored, regardless of the storage authority used. These statistics shall be reported to the Service Authority concurrent with the quarterly application for reimbursement. In determining the number of vehicles abated, jurisdictions should consider dehitions of abated and P 5 11 0 0 abandoned vehicles promulgated in CHP Guidelines a~ further interpreted in Paragraphs 10.3.1.1 and 10.3.1.2 below. 10.3.2.1 Abated Vehicle Interpretation An "abated' vehicle is any vehicle removed from private property, public right-of-way or highway pursuant to actions carried out by one or more agencies within a jurisdiction in accordance with applicable sections of the California Vehicle Code. Thus, both voluntary and involuntary removals during the abandoned vehicle abatement process are considered vehicle abatements for statistical and reimbursement purposes. An example of an eligible vehicle abatement would be the voluntary removal of a vehicle causing a public nuisance on private property after successive visits by a Code Enforcement Officer. Tow company removals and legal action required to edorce abandoned vehicle Ordinances are other examples of eligible abatements. An example of a vehicle abatement not eligible for reimbursement under the the authority of CVC 22710 is a vehicle towed under a 72-hour parking Ordinance that is claimed from impound storage by the registered owner within the time period prescribed by law. 10.3.2.2 Abandoned Vehicle Interpretation Vehicles removed pursuant to the provisions of CVC 22669 are considered abandoned vehicles. Vehicles removed under a 72-hour parking violation Ordinance pursuant to CVC 22651(k) are presumed to be abandoned if the vehicle is not claimed by the last registered owner prior to disposal. 12 0 0 APPENDlXA m * Excerpts From State of California Vehicle Code for 1990 Service Authority for Abatement of Abandoned Vehicles 22710. (a) A service authority for the abatement of abandoned vehicles may be established, and a one dollar ($1) vehicle registration fee thirds vote, and a majority of the cities having a majority of the incorporated population within the county have adopted resolutions providing for the establishment of the authoriQ and imposition of the fee. The membership of the authority shall be determined by concurrence of the board of supervisors and a majority vote of the majority of the cities within the county having a majority of the incorporated population. The Service Authority may contract and may undertake any act convenient or necessaqr to carry out any law relating to the authority. The authority shall be staffed by existing county and city personnel. Not withstanding any other provision of law, a service authority may adopt an ordinance establishing procedures for the abatement, removal, and disposal as public nuisances, of abandoned, wrecked, dismantled, or inoperative vehicles, or parts thereof &om private or public property; and for the recovery, pursuant to Section 25845 or 38773.5 of the Government Code, or assumption by the service authority, of costs of administration and that removal an disposal. The actual removal and disposal of vehicles shall be undertaken by an entity which may be a county or city or the department, pursuant to contract with the service authority as provided in this section. The money received by an authority pursuant to Section 9250.7 and this section shall be used only for the abatement, removal, and disposal as public nuisances of any abandoned? wrecked, dismantled, or inoperative vehicles or parts thereof from private or public property. An abandoned vehicle abatement program and plan of a service authority shall be implemented only with the approval of the county and a majority of the cities having a majority of the incorporated population. The department shall provide guidelines for abandoned plan and program shall be consistent with those guidelines, and shall provide for, but not be limited to, an estimate of the number of abandoned vehicles, a disposal and enforcement strategy including contractual agreements? and appropriate fiscal controls. imposed, in any county if the Board of Supervisors of the county, by two- (b) (c) (1) (2) (d) (1) (2) vehicle abatement programs. An authority's abandoned vehicles abatement - A-l 0 m (3) The approved plan shall be submitted to the department by August 1, 1991. The department shall review the plan and make recommendations for revision, if any, of the plan by October 1, 1991. The service authority shall submit the plan, as revised, to the department and, if determined by the department to be consistent with the guidelines, shall submit the plan to the Controller by the following January 1. Except as provided in subdivision (e), the Controller shall make no allocations for a calendar year to a service authority for which an approved plan was not received on or before January 1 of that year. (e) Any approved plan which was adopted by the authority prescribed in subdivision (a), including compliance with any dates described therein for submission to the department and the Controller, respectively, in the year in which the revisions are proposed. Compliance with that procedure shall only be required if the revisions are substantial. A service authority which is newly formed and has not complied with subdivision (d) may so comply after the dates specified in subdivision (d) by submitting an approved plan on or before those dates in the year4n which the plan is submitted. A service authority shall cease to exist on the date that all revenues received by the authority pursuant to this section and Section 9250.7 have been expended. pursuant to subdivision (d) may be revised pursuant to the procedure (f) A-2 0 e APPENDIXB I w HPH 87.1 . 'CaliforiRa ~ -- HIGH .. -_ WAY PATROL ABANDONED VEHICLE ABATEMENT PROGRAM G UI D ELlN ES 3 L 3 0 REVISION RECORD DATE e DATE REV. NO. INSERTED INITIALS REV. NO. INSERTED INITIALS 1. 26. 2. 27. 3. 28 . 4. 29 . 5. 30. 6. 31 . 7. 32. 0. 33. 9. 34. 10. 3s . 11. 36 . 12. 37. 13. 30. 14. 39. 15. 40. 36. 41 . 17. 42. 18. 43. 19. 41. * * 20. 45. 21 . 46. 22 . 47. 23. 48 . 24. 49 . 25. so . CHP 7-91-1,100 Printed by California Highway Patrol, Sacram 0 a DEPARTMENT OF CALT YORNl A I4IClIWAY PATROL ABANDONED VEHICLE ABATEMENT GUIDELINES FOR SERVICE AIJTHORITIES (. THIS PUBLICATION MAY BE PURCHASED FOR $4.85 EACH PLUS CALIFORNIA STATE SALES TAX July 1991 - i IIPH 87.1 0 0 FOREWORD The purpose of this publication is to provide uniform guidelines for the establislunent of Abatrdorred Vehicle Abatement Plans bein6 developed by Service Authorities which have been established pursuant to California Vehicle Code (CVC) Section 22710 and funded pursuant to CVC Section 9250.7. The objective is to aid county based Service Authorities with the development of the required Abandoned Vehicle Abatement Plans. Inquiries regarding this publication or the Statewide Abandoned Vehicle Abatement Program should be directed to the California Highway Patrol, Investigative Services Section, P. 0. Box 942898, Sacramento, CA, 94298- 0001, or at (916) 445-0752. OFFICE OF THE COHHISSXONER DISTRIBUTION: 3A E G S - ii HPH 87.1 e 0 TABLE OF CONTENTS PAGE CHAPTER 1 - GENERAL INFORHATION 1- 1 1- 1 Historical Perspective of the Statewide AVA Program 1-1 Establishment of the Current Statewide AVA Program 1-1 DEFINITION OF TERMS 1-2 Public Nuisance Vehicle 1- 2 Abandoned Vehicle 1-2 Wrecked Vehicle 1- 2 Dismantled Vehicle 1- 2 Inoperative Vehicle 1-2 Public Property 1- 2 ESTABLlSHHENT OF THE CURRENT ABANDONED VEHICLE ABATEMENT (AVA) PROGRAM Private Property 1-3 CHAPTER 2 - REFERENCE SOlJRCES RELATING TO ABANDONED VEliICLES. 2- 1 PURPOSE 2- 1 VEHICLES OF HLSTORLC VALUE 2- 1 CVC Section 5004 2-1 ABANDONED VEHICLE TRUST FUND 2-2 CVC Section 9250.7 2-2 ABANDONMENT PROHIBITED 2-2 CVC Section 22523 2-2 PRESUMPTION OF ABANDONMENT 2- 3 CVC Section 22524 2-3 LOCAL ABATEMENT PROCEDURE 2- 3 CVC Section 22660 2-3 CONTENTS OF ORDINANCE 2-4 CVC Section 22661 2-4 DISPOSITION OF VEHICLES OR PARTS 2-6 CVC Section 22662 2-6 ADHLNlSTRATION OF ORDINANCE 2-6 CVC Section 22663 2-6 iii lIPH 87.1 0 e PAG 2- 2- 2- 2- - WAIVER: REPORTING REQlJlREHENTS AND FEES cvc Section 22664 ADMINISTRATION OF LOCAL PROGRAWS BY HIGHWAY PATROL CVC Section 22665 REGULATIONS OF HXGliLiAY PATROL 2- 2- 2- 2- 2- 2- 2- 2- CVC Section 22666 ABATEHENT AND REHOVAL: PRIORITIES CVC Section 22667 ABANDONED VEHlCLE TRUST FUND: PROHIBITED DISBURSEMENTS CVC Section 22668 REHOVAL OF ABANDONED VEHICLES CVC Section 22669 LIEN SALE: VALUATION 2- CVC Section 22670 2- CVC Section 22671 2- 2- REMOVAL BY FRANCHISE OR CONTRACT SERVICE AUTHORITY FOR THE ABATEHENT OF ABANDONED VEHICLES 2- 5 CVC Section 22710 2-< CVC Section 22850.3 2-11 CVC Section 22851 2-11 CVC Section 22851.3 2- li APPRAISERS 2-15 2-11 VEHICLE REMOVAL: RELEASE TO OWNER 2-11 LIEN ON STORED VEHICLE 2-1; DISPOSITION OF ABANDONED LOW-VALUED VEHICLES 2-15 CVC Section 22855 ABATEMENT OF NUISANCE; ORDINANCE TO ESTABLISH PROCEDURE; CONTENTS; FAILURE TO PAY COSTS; SPECIAL ASSESSMENT AGAINST PARCEL; COLLECTION; NOTICE OF ABATEHENT LIEN; RECORDATION; EFFECT 2-16 California Government Code (CGC) Section 25845 2-16 HPH 87.1 iv 0 e PACE SECOND OR SUBSEQUENT CIVIL OR CRIHlNAL JUDGHENT; ABATEMENT OF NUISANCE; TREBLE DAMAGES 2-17 ccc Section 25845.5 2- 17 NUISANCE ABATEMENT LIEN; ORDINANCE; PROCEDURES; FEES 2- 17 CGC SecLion 38773.1 2-17 ESTABLISHMENT OF PROCEDURE FOR ABATEHENT OF NUISANCE; COST OF ABATEMENT AS SPEClAL ASSESSMENT AGAINST PARCEL; CONDITION HAKlNC COST NOT A LIEN 2-18 CGC Section 38773.5 2- 18 SECOND OR SUBSEQUENT CIVIL OR CRIMINAL JUDCHENT; ABATEMENT OF NUISANCE; TREBLE DAMAGES 2- 19 CGC Section 38773.7 2-19 CHAPTER 3 - REQUXREWENT~ FOR PARTlCLPATfNG SERVICE AUTHORlTIES 3- 1 GENEML REQUIREHENTS 3- 1 Establistunent of a Service Authority 3-1 Service Fee 3- 1 Abandoned Vehicle Trust Fund 3- 1 Membership 3-1 Service Authority Staffing 3- 2 Actual Removal and Disposal of Vehicles 3-2 Authorized Expenditures 3- 2 3- 2 3- 3 Authorizations Granted to the Service Authority 3- 2 Approval of the Service Authority's Abandoned Disbursement of Funds by the State Controller Cessation of the Existence of a Service Authority 3- 3 Vehicle Abatement Programs and Plans GIJIDELINES FOR THE DEVELOPMENT OF ABANDONED VEHICLE ABATEHENT PROGRAHS AND PLANS 3-4 Abandoned Vehicle Abatement Plan Content Statement 3-4 Required Resolutions 3-4 EsLimate of the Number of Abandoned Vehicles 3- 1 Copies of Ordinances 3-1 Disposal and Enforcement Strategy 3-! Cost Recovery Strategy 3-1 Contractu a 1 & r eemetr t s Appropriate Fiscal Controls 3- 1 REPORTING REQUIREWENTS 3- i Report to the Legislature 3-( Requirement to Report to CHP Quarterly Reports to Clip 3-' 3-1 3-( V HPH 87. 0 0 CHAPTER 1 GENERAL INFORHATION 1. ESTABLISHMENT OF THE CIlRRENT ABANDONED VEHICLE ABATEMENT (AVA) PROGRAM. a. Historicdl Perspective Of the Statewide AVA Program. Califoniia established a StaLewide Abandoned Vehicle Abatement (AVA) Program wiCh ihe tVMCtment Of Califbrnia Vehicle Code (CVC) Sections 9250.7 arid 22710. Section 9250.7 provided a funding source for the program throueh the establishment of a one-time, one dollar service fee 011 all vehicles registered in California during 1973. Section 22710 established the operational requirements, including the requirement for the Califotnia Highwdy PaLrol to administer the program. Between 1973 and 1975, the amounL of interest earned on the balance in the Abandoned Vehicle Trust Fund exceeded the amount needed to maintain the program. By 1978, the amount in the trust fund was no longer sufficient to continue the abandoned vehicle abatement program at the level which then existed. In 1978, the Legislature appropriated 3 million dollars from the Motor Vehicle Account to the trust fund to continue the program for the 1978-1919 and 1979-1980 Fiscal Years. In 1980, the Legislature added 1.4 million dollars to the budget to fund the program €or the 1980-1981 Fiscal Year. pL%?pdred a report which analyzed the costs and benefits of the program. The report recommended that legislation be enacted to termillate the State's responsibility for funding and administering the program, or that the reimbursement to cities and counties be at a constant rate reflecting the costs incurred by more efficient local aeencies. that the problem of abandoned vehicles was continuing to grow, creating a public nuisance and a health and safety hazard, and that local govet-raments lacked sufficient resources to adequately address the problem. and 1989, the Legislature enacted legislation designed to aid local govectuncnts with recovery of costs associated with the removal and disposition of abandoned vehicles from private property. Additionally, the Legislature enacted legislation specifying the presumption that the last owtter of record was responsible for the abandonment of a vehicle found abandoned. Even though the measures were helpful to local govenunents , they still didn't provide local govettunents with sufficient resources to deal with the growing abandoned vehicle problem. b. Establishment of the Current Statewide AVA Pronram. In 1990, legislation which repealed and replaced CVC Sections 9250.7 and 22710 was enacted into law. five years, a funding source for the abatement of abandoned vehicles by county based Service Authorities, pursuant to the provisions of CVC Section 22710. In 1980, the Legislative Analyst The Legislature recognized Betwecn 1981 Generally, CVC Section 9250.7 provides, for a period of - 1-1 HPH 87.1 0 0 2. DEFINITION OF TERMS. a. Public Nuisance Vehicle. Any vehicle that is abandoned, wrecked, disnmntled, or any inoperative parts thereof; that is on public or private property, not including highways; and LhaL creates a condition tending to reduce the value of private property, promotes blight and deterioration, invites plundering, creates fire hazards, constilutes an attractive nuisance endangering the health and safety of minors, harbors rodents and insects, or jeopardizes health, safety, and general welfare is a public nuisance. b. Abandoned Vehicle. h vehicle is considered to be "abandoned" if it is left on a \.righway, public property, or private property in such inoperable or neglected condition that the owner's intention to relinquish all further rights or interests in it may be reasonably concluded. (1) In reaching a reasonable conclusion, one must consider the amount of time tbe vehicle has been there without being moved, its condition, statements from the owner and witnesses, etc. (2) In ref'erence to highways or public rights- of-way, **abandorment" is presumed to have occurred i.f a vehicle is parked, resting, or otherwise irrmwhilized on any highway or public right-of-way; and lacks an engine, transmission, wheels, tires, doors, windshield, or any other part or equipment necessary to operate safely on the highway in this State. Such vehicles are presumed to be a hazard to public health, safety, and welfare and my be removed immediately upon discovery by a peace officer or other designated employee of the state, county, OL- city. C. Wrecked Vehicle. Any vehicle that is damaged to such an extent that it cannot be operated upon the highway is termed a wrecked vehicle. (1) A vehicle which has been urecked in a traffic accident, and which has been removed from the roadway to a storage facility, but which has not been claimed by its owner will not be considered an abandoned vehicle for the purposes of this program. d. Dismantled Vehicle. Any vehicle that is partially or wholly disassembled. e. Inoperative Vehicle. Any motor vehicle that cannot be moved under its own power. f. Public Property. This term is commonly used as a designation of those things which are considered as being owned by "the public," the entire state OL- community, arid not restricted to dominion of a private person. It my also apply to any property owned by a state, nation or municipality. WH 89.1 1-2 0 e 8. Private Property. Such property as belongs absolutely to an individual and of which he ar she has the exclusive right of disposition. Property of a specific. €had and langible naCure. capable of being in possession and transmitted to another, such as houscs, lands, vehicles, etc. 1- 3 tfPn 87.1 0 CHAPTER 2 REFERENCE SOURCES RELATING TO ABANDONED VEHICLES :. PURPOSE. This chapter provides a listing of current laws relating to the ibatement and disposition of abandoned vehicles, and is intended to provide reference source material for the development of Abandoned Vehicle Abatement i lat~. 2. VEHICLES OF HISTORIC VALUE. a, CVC Section 5004. (1) Subdivision (a): "Notwitlistanding any other provision of this code, any owner of a vehicle described in paragraph (11, (21, or (3) which is operated or moved over the highway primarily for the purpose of historical exhibition or similar purpose shall, upon application in Lhe manner, and at the time, prescribed by the department (Department of Hotor Vehicles), be issued special identification plates for the vehicle: (a) Paragraph (1): cylinders manufactured prior to 1965." (b) Paragraph (2): "A motor vehicle manufactured in the year 1922 or prior thereto. ** (c) Paragraph (3): "A vehicle which was manufactured after 1922, is at least 25 years old, and is oC historic interest." "A motor vehicle with an engine of 16 or more (2) Subdivision (b): "The special identification plates assigned to motor vehicles with an engine of 16 cylinders manufactured prior to 1965 atid to any motor vehicle manufactured in the year 1922 and prior thereto shall run in a separate numerical series, commencing with HOL-S~~~SS Carriage No. 1. The special identification plates assigned to vehicles specified in paragraph (3) of subdivision (a) shall run in a separate numerical series, commencing with Historical Vehicle No. 1. Each series of plates shall have different and distinguishing colors." (3) Subdivision (c): "A fee of twenty-five dollars ($25) shall be charged for the initial issuance of the special identification plates. Such plates shall be permanent and shall not be required to be replaced. If such special identification plates become damaged or unserviceable in any manner, replacement for the plates may be obtained from the department (Department of Motor Vehicles) upon proper application and upon payment of such fee as is provided for in Sectioir 9265." 2-1 HPH '87.1 0 0 (4) Subdivision (dl: for such identification plates or the replacement thereof shall be deposited in the California Envirorunental License Plate Fund ." (5) Subdivision (e): "These vehicles shall not be exempt from the equipment provisions of Sect2ons 26709, 27150, and 27600." (6) Subdivision (f): "As used in this section, a vehicle is of historic interest if it is collected, restored, maintained, and operated by a collector or hobbyist principally for the purposes of exhibition arid "All funds received by the department in paynwnt historic vehicle club activities ." 3. ABANDONED VEHICLE TRUST FUND. a. CVC Section 9250.7. (1) Subdivision (a): "A Service Authority established under Section 22710 my impose a service fee of one dollar ($1) on vehicles registered to an owner with an address in the county which established the Service Authority. The fee shall be paid to the department (Department of Motor Vehicles) at the time of registration, or renewal of registration, or wher renewal becomes delinquent, on or after January 1, 1992, except vehicles expressly exempted under this code from payment of registration fees." (2) Subdivision (b): "The department (Department of Motor Vehicles), after deducting its administrative costs, shall transmit, at least quarterly, the net amount collected pursuant to subdivision (a) to the Treasurer for deposit in the Abandoned Vehicle Trust Fund which is hereby created. All money in the fund is continuously appropriated to the Controller for a1locat;ion to a Service Authority which has an approved abandoned vehicle abatement program pursuant to Section 22710, and for payment Of the administrative costs of the Controller- its administrative costs, the Controller shall allocate the money in the Abandoned Vehicle Tmst Fund to each Service Authority in proportion to the revenues received from the fee imposed by that Authority pursuant to subdivision (a) .'* (3) Subdivision (c): "The fee imposed by a Service Authority shall the Authority is established." After deduction of . ' remain in effect only for a period of five years after the date on which 4. ABANDONMENT PROHIBITED. a. CVC Section 22523. (1) Subdivision (a): "No person shall abandon a vehicle upon any highway. ** HPH 87.1 2-2 0 e (2) subdivision (b): "No person shall abandon a vehicle upon public or private property without the express or implied consent of the owner or person in lawful possession or control of the property." (3) Subdivision (c): "Any person convicted of a violation of this section shall be punished by a fine of not less than one hundred dollars ($100) and shall provide proof that the costs of removal and disposition of the vehicle have been paid. No part of any fine imposed shall be suspended. The fine may be paid in installments if the court determines that the defendant is unable to pay the entire amount in one payment." (4) Subdivision (dl: "Proof that the costs of removal and disposition of the vehicle have been paid shall trot be required if proof is provided to the court that the vehicle was stolen prior to abandonment. my consist of a police report or other evidence acceptable to the court." (5) Subdivision (e): "The costs required to be paid for the removal and disposition of any vehicle deteimined to be abandoned pursuant to Section 22669 shall not exceed those for towing and seven days of storage. This subdivision does not apply if the registered owner or legal owner has completed and returned to the lienholder a Declarati'on of Opposition form within the time specified in Section 22851.8." That proof 5. PRESUMPTION OF ABANDONMENT. a. CVC Section 22524. (1) Subdivision (a): "The abandonment of any vehicle in a manner as provided in Section 22523 shall constitute a prima facie presumption that the last registered owner of record is responsible for the abandonment and is thereby liable for the cost of removal and disposition of the vehicle." (2) Subdivision (b): "An owner who has made a bona fide sale or transfer of a vehicle and has delivered possession of the vehicle to a purchaser nlay overcome the presumption prescribed in subdivision (a> by demonstrating that he or she has complied with Section 5900 or by providing other proof satisfactory to the court .*' (3) Subdivision (c): "This Section shall become operative on July 1, 1989." 6. LOCAL ABATEM€NT PROCEDURE. a. CVC Section 22660. + (1) "Notwithstanding any other provision of law, a city, county, or city and county may adopt an ordinance establishing procedures for the - - 2-3 HPH 87.1 0 0 abatement and removal, as public nuisances, of abandoned, wrecked, dismantled, or inoperative vehicles or parts thereof from private or public propet'ty, and for the recovery, pursuant to Section 25845 or 38773.5 of the Government Code. or assumption by the local dUthOl.iCy, of costs of administration and the renoval. *' 7- CONTENTS OF ORDINANCE. a. CVC Section 22661. (1) vehicles shall contain the following provisions: "Any ordinance establishing procedures for the removal of abandoned (a) Subdivision (a): "The requirement that notice Le given to the Department of Hotor Vehicles within five days after the date of removal, identifying the vehicle or part thereof and any evidence of registratioo available, including, but not limited to, the registration card, certificates of ownership, or license plates." (b) Subdivision (b): "Haking the ordinance inapplicable to (1) a vehicle or part thereof which is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property or (2) a vehicle or part thereof which is with the business of a licensed dismantler, licensed vehicle dealer, or junk yard. This exception shall not, however, authorize the maintenance of a public or private nuisance as defined under provisions of law other than this chapter. '* (c) Subdivision (c): "The requirement that not less than a 10-day notice of intention to abate and remove the vehicle or part thereof as a public nuisance be issued, unless the property owner and the owner of the vehicle have signed releases authorizing removal and waiving further interest in the vehicle or part thereof. However, the notice of. intention is not required for removal of a vehicle or part thereof which is inoperable due to the absence of a motor, transmission, or wheels and incapable of being towed, is valued at less than two hundred dollars ($200) by a person specified in Section 22855, and determined by the local agency to be a public nuisance presenting an immediate threat to public health or safety, provided that the property owner has signed a release authorizing removal and waiving further interest in the vehicle or part thereof. low-valued vehicle or part for which evidence of registration was recovered pursuant to subdivision (a), the local agency shall provide notice to the registered and legal owners of intent to dispose of the vehicle or part, and if the vehicle or part is not claimed and removed after 12 days after the notice is mailed, from a location specified in stored or parked in a lawful manner on private property in connection Prior to final disposition under Section 22662 of such - I-ZH 87.1 2-4 0 Section 22662, filial disposition may proceed. No local agency or contractor thereof shall he liable for damage caused to a vehicle or part thereof by removal pursuant to this Section. applies only to inoperable vehicles located upon a parcel that is (1) zoned for agricultural use or (2) not improved with a residential structure containing one or more dwelling units." (d) Subdivision (d): "The 10-day notice of intention to abate and remove a vehicle or part thereof, when required by this Section, shaL1 which the vehicle is located and of the owner of the vehicle. The statement shall include notice to the property owner that he (or she) my appear in person at a hearing or may submit a sworti written statement denying responsibility for the presence of the vehicle on the latid, with his (or her) reason for such denial, in lieu of appearing. The notice of intention to abate shall be mailed, by registered or certified mail, to the owner of the land as shown on the last equalized assessment roll and to the last registered and legal owners of record unless the vehicle is in such condition that the identification numbers are not available to determine ownership ." (e) Subdivision (e): "The requirement that a public hearing he held before the governing body of the city, county, or city and county, or any other board, commissioner, or official of the city, county, or city and county as designated by the Coverning body, upon request for such a hearing by the owner of the vehicle or the owner of the land on which such vehicle is located. This request shall be made to the appropriate notice of intention to ahate and remove the vehicle or at the time of signing a release pursuant to subdivision (c). If the owner of the land on which the vehicle is located submits a sworn written statement denying responsibility for the presence of the vehicle on his (or her) land within such time period, this statement shall be construed as a request for hearing which does not require the presence of the owner suhmitting such request. If such a request is not received within such period, the appropriate public body, agency,-or officer shall have the authority to remove the vehicle.'. (f) Subdivision (f): "The requirement that after a vehicle has been removed, it shall riot be reconsttucted or be made operable, unless it is a vehicle which qualifies for either horseless carriage license plates or historical vehicle license plates, pursuant to Section 5004, in which case the vehicle may be reconstructed or made operable." (g) Subdivision (6): "Authorizing the owner of the land on which the vehicle is located to appear in person at the hearing or present a sworn written statement denying responsibility for the presence of the vehicle on the land, with his (or her) reason for such denial. If it is determined at the hearing that the vehicle was placed on the land This subdivision contdin a stdtcment of hearing rights of the ownerl of the property on public body, agency or officer within 10 days after the mailing of 2-5 HPH 87.1 0 0 without the consent Of the land owner arid Chat Ira (or she) has not subsequenLly acquiesced in its presence, then the local authority shall not assess costs of administration or removal of the vehicle against th ~L-OPCL-~Y on which the vehicle is located or otherwise attenpt to collec such cost from the owner." 8. DISPOSITION OF VEHICLES OR PARTS. a. CVC Section 22662. (1) yard, automobile dismantler's yard, or any suitable site operated by a local authority for the processing as scrap, or other final disposition cotisistent with subdivision (e) of Section 22661. operate such a disposal site when its governing body determines that commercial channels of disposition are not available or are inadequate, and it may make final disposition of such vehicles or parts, or the local agency nlay transfer such vehicle or parts to another. provided such disposal shall be only as scrap." "Vehicles or parts thereof may be disposed of by removal to a scrap A local authority may 9. ADWNISTRATION OF ORDINANCE. a. CVC Section 22663. (1) "Any ordinance adopted pursuant to Section 22660 shall provide for administration of the ordinance by regularly salaried full-time employees of the city, county, or city and county, except that the removal of vehicles or parts thereof from property may be by any other duly authorized person. Any such authorized person nay enter upon private property for the purposes specified in the ordinance to examine a vehicle or parts thereof, obtain information as to the identity of a vehicle, arid remove or cause the removal of a vehicle or part thereof declared a nuisance pursuant to the ordinance. '* 10. WAIVER: REPORTING REQUIREMENTS AND FEES. a. CVC Section 22664. (1) "Any licensed dismantler or commercial enterprise acquiring vehicles removed pursuant to such ordinance shall be excused from the reporting requirements of Section 11520; and any fees and penalties which would otherwise be due the Department of Motor Vehicles are hereby waived, provided that a copy of the resolution or order authorizing disposition of the vehicle is retained in the dismantler's or commercial enterprise's business records. *' HPH 87.1 2-6 0 W 11. ADWINISTUTION OF LOCAL PROGWS BY HIGHWAY PATROL. a. CVC Section 22665. (1) "Notwithstanding Section,22710 or any other provision of law, the department (Department of the California Highway Patrol) may, at the request of a local authority, other than a Service Authority, administer. on behalf of the authority its abandoned vehicle abatement and reinoval program established pursuant to Section 22660." it. REGULATIONS OF HIGHWAY PATROL. a. CVC Section 22666. (1) "Whenever the department (Department of the California Highway Patrol) is administering a program pursuant to Section 22665, it shall by reeulation establish procedures for the abatenient and removal of vehicles that are identical to the requirements specified in Section 22661, except that the department (Department of the California Highway Patrol) shall provide by agreement with the requesting local authority for the conduct of a public hearing pursuant to subdivision (d) of Section 22661 by the local authority and for the reimbursement of the department (Department of the California Highway Patrol) for its costs of administration and removal which the local authority is authorized to recover from the property owner pursuant to Section 22660. Such regulations shall also provide for the administration of the regulations by regularly salaried full-time persotriiel of the department (Department of the California Highway Patrol), except that the removal of vehicles or parts thereof from property nlay be done by any other duly authorized person. Any such person may enter upon private property for the purposes specified in the regulations to examine a vehicle or part thereof, obtain infornation as to the identity of the vehicle, and remove or cause the removal of a vehicle or part thereof declared to be a nuisance pursuant to the regulations. The provisions of Section 22662 and 22664 shall also apply to any vehicle removed by the department (Department of the California Highway Patrol). '* 13. ABATEMENT AND RIXOVAL: PRIORITIES. a. CVC Section 22667. (1) "In establishing procedures for the abatement and removal of abandoned vehicles, the department (Department of the California Highway Patrol) shall give priority to the renioval of abandoned vehicles from corridors of the state highway system, from public lands and parks, and from river and wildlife areas." .- 2- 7 HPH 87.1 0 0 14. ABANDONED VEHICLE TRUST FUND: PROHIBITED DISBURSEHENTS. a. CVC Section'22668. (1) "No local authority whose abandoned vehicle abatement and removal program is administered pursuant to Section 22665 shall be eligible for any disbursement €rom the Abandoned Vehicle TL-USL Fund pursuarlt to Sectior 22 710. " l2, REHOVAL OF ABANDONED VEHICLES, a. CVC Section 22669. (1) Subdivision (a): "Any peace officer, as that term is defined in Chapter 4.5 (comencing with Section 830) of Title 3 of ParL 2 of the Penal Code, OL- any other employee of the state, county, or city designatec by an agency or department of the state or the board of supervisors or city council to perform this function, in the territorial limits which thc officer or employee is authorized to act, who has reasonable grounds to believe that the vehicle has been abandoned, as determined pursuant to Section 22523, may remove the vehicle from a highway or from public or private property. " (2) Subdivision (b): "Any person performing a franchise or contract awarded pursuant to subdivision (a> of Section 22710, may remove a vehiclc from a highway or place to which it has been removed pursuant to subdivision (c) of Section 22654 or from public or private property, aftel a determination by a peace officer, as that term is defined in Chapter 4.1 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or other designated employee of the state, county, or city in which the vehicle is located that the vehicle is abandoned, as determined pursuant to Section 22523." (3) Subdivision (c): "A state, county, or city employee, other than a peace officer or employee of a sheriff's depactment or ciLy police department, designated to remove vehicles pursuant to this Section nuy do so only after he or she has mailed or personally delivered a written report idenLifying the vehicle and its location to the office of the Department of the California Highway Patrol located nearest to the vehicle. *' (4) Subdivision (dl: "Motor vehicles which are parked, resting, or otherwise inunobilized on any highway or public right-of-way and which lac an engine, transmission, wheels, tires, doors, windshield, or any other part or equipment necessary to operate safely in the highways of this state, are hereby declared a hazard to public health, safety, and welfare and nmy be removed inunediately upon discovery by a peace officer or other designated employee of the state, county, or city," - HF'H 87.1 2-8 w W 16. LIEN SALE: VALUATION. a. Cvc section 22670. (1) "For lien sale purposes, the public ageticy causing the removal of the vehicle shall determine if the estimated value of the vehicle that has been ordered removed, towed, or stored is three hundred dollars ($300) or less, over three hundred dollars ($300) but one thousand dollars ($1000) or less, or over one thousand dollars ($1000). If the public agency fails or refuses to put a value on, or to estimate the value of, the vehicle within three days after the date of removal of the vehicle, the garafie keeper specified in Section 22851 or the garage keeper's agenL shall detemmitie, under penalty of perjury, if the estimated value of the vehicle that has been ordered removed, towed, or stored is three hundred dollars ($300) or less, over three hundred dollars ($300) but one thousand dollars ($1000) or less, or aver one thausand dollars (SlOOO)." 17. REMOVAL BY FRANCHISE OR CONTRACT. a. CVC Section 22671. (1) "A local authority may either issue a franchise or execute a contract for tlie removal of abandoned vehicles in accordance with the provisions of this Chapter. '* 18. SERVICE AUTHORITY FOR THE ABATEMENT OF ABANDONED VEHICLES. a. CVC Section 22710. (1) Subdivision (a): "A Service Authority for the abatement of abandoned vehicles may be established, and a one dollar ($1) vehicle registration fee imposed, in any county if the board of supervisors of the county, by two-thirds vote, and a majority of the cities having a majority of,the iticorporaLed population within the county have adopted resolutions providing for the establishment of the authority and the imposition of the fee. of the board of supervisors and a majority vote of the majority of the cities within the county having a majority of tlie incorporated population. *' (2) Subdivision (b): "The Authority may contract and nuy undertake any act convenient or necessary to carry out any law relating to the authority. personnel. " The membership of the authority shall be detemined by concurrence The authority shall be staffed by existing city and county 2-9 HPH 87.1 a * (3) Subdivision (c): (a) Subparagraph (1); "Notwithstanding any other provision of ldw, a service authority may adopt an ordinance establishing procedures for tIte abatement, removal, and disposal as- public nuisances, or abandoned, private or public property; and for the recovery, pursuant Lo Section 25845 or 38773.5 of the GovernmenL Code, or assuniption by the service duLhority, of costs of adminisiration and that removal and disposal. The actual removal and disposal of vehicles shall be ufldertakert by an entity which may be a city or county or the department (Department of the California Highway Patrol), pursuant to contract with the service autIiority as provided in this Section ." (b) Subparagraph (2); "The money received by an authority pursuant to Section 9250.7 and this secLion shall be used only for abatement, removal, and disposal as pubLic nuisances of any abandoned, wrecked, dismantled, or inoperative vehicles or parts thereof from private or public property. ** (4) Subdivision (d) : wrecked, dismantled, or inopcrdtive vehicles or parts thereoI f rum (a) subparagraph (1) i "An abandoned vehicle abatement program arid plan of a service authority shall be implemented only with the approval of the county and a majoriLy of the cities having a majority of the incorporated population." (b) Subparagraph (2); "The department (Department of the California Highway Patrol), shall provide guidelines for abandoned vehicle abatement programs. An authority's abandoned vehicle abatemenL plan and program shall be consistent with those guidelines, and shall provide for, but not be limited to, an estimate of the number of abandoned vehicles, a disposal and enforcement sirategy including conlractual agreements, and appropriate fiscal controls." (c> department (Department of the California Highway Patrol), by August 1, 1991. The department shall review the plan and make recommendations for revision, if any, of the plan by October 1, 1991. The service authority shall submit the plan, as revised, to the department. and, if determined plan to the Controller by the following January 1. Except as provided in subdivision (e), the Controller shall nake 113 allocations for a calendar year to a service authority for which an approved plan was not received before January 1 of that year." Subparagraph (3); "The approved plan shall be submitted to the by the department to be consistent with the guidelines, shall submit the (5) Subdivision (e): "Any approved plan which was adopted by the authority pursuant to subdivision (dl may be revised pursuant to the procedure prescribed in subdivision (d) , including compliance with any HPH 87.1 2-10 0 w dvtos devccibud therein rr)r Suhissioi.r to the departaent (Department of the California Highway Patrol) and the Controller, respectively, in the year in which the revisions are proposed. Compliance with that procedure Shall only be required if the revisions arc? substantial. A service authority which is newly formed and has not complied with subdivision (dl may so comply after the dates specified in subdivision (dl by submitting an approved plan on or before those dates itr the year in which the plan is submiltud. " (6) Subdivision (f): "A service authority shall cease to exist on the date that all revenues received by the authority pursuant to this sect~on and Section 9250.7 have been expended." 19. VEHICLE REMOVAL: RELEASE TO 0C;IJER. a. CVC Section 22850.3. (1) Subdivision (a): "A vehicle placed in storage pursuant to Section s 22850 shall be released to the owner or person in control of the vehicle only if the owner OL- person furnishes, to the law enforcement agency or employee who placed the vehicle in storage, satisfactory proof of current vehicle registration. In lieu of obtaining proof of current registration, the agency which caused the vehicle to be stored my, in its discretion, issue a noticc to dppear for the registration violation. *' (2) Subdivision (b): "At every storage facility there shall be placed in a conspicuous place a notice to the effect that a vehicle placed in storage pursuant to Section 22850 may be released only on proof OC current registration or, in the absence of that proof, upon the issuance of a notice to appear for the registration violation by the local agency which caused the vehicle to be stored, specifying the name and telephone number of that local agency." 20. LIEN ON STORED VEHICLE. a. CVC SecLion 22851. (1) Subdivision (a): "k'henever a vehicle has been removed to a garage under this chapter and the keeper of the garage has received the noCice or notices as provided herein, the keeper shall have a lien dependent upon keeping safe the vehicle for a period not exceeding 60 days or, if an application for an authorization to conduct a lien sale has been filed pursuant to Section 3068.1 of the Civil Code within 30 days aiter the removal of the vehicle to the garage, 120 days and, if the vehicle is not recovered by the owner within that period or the owner is unknown, the keeper of the garage nlay satisfy his or her lien in the nlanner prescribed possession for his or her compensation for towage and lor caring for and 2-11 HPH 87.1 0 0 in this article. vehicle is deemed to arise when the vehicle is reinoved and is in transit.' (2) Subdivision (b): "No lien shall attach to any personal property in or on the vehicle. The personal property in or on the vehicle shall be given to the regisLered ovLiercor the owner's authorized agenL upon denwid. The lienholder shall not be responsible for property af Ler any vehicle has beeti disposed of pursuant to this chapter." Tlie lien ?;Ira11 uot be assigned. Possession of the 21. DISPOSITION OF ABANDONED LOW-VALUED VEHICLES. a. CVC Section 22851.3. (1) "Whenever a peace officer, as defined in Chapter 4.5 (conanencing wit1 Section 830) of Title 3 of Part 2 of the Penal Code, or any other uinployet causes lhe removal of, a vehicle pursuant to Section 22669 and the public agency or, at the request of the public agency, the lienholder determines the estimated value of the vehicle is three hundred dollars ($300) or less, the public agency which removed, or caused the removal of, Lhe vehicle shall cause Lhe disposal of the vehicle under this section, subject to all of the following requirements:" of d public agency authorized pursuant to Section 22669, removes, or (a) Subdivision (a): "Not less than 72 hours before the vehicle is removed, the peace officer or authorized public employee has securely atLached to the vehicle a distinctive noCice which states that the vehicle will be removed by the public agency. This subdivision does not apply to abandoned vehicles removed pursuant to subdivision (d) of Section 22669 which are determined by the public agency to have an estimated value of one hundred dollacs ($100) or less." (b) Subdivision (b): "Inmediately after removal of the vehicle, the public agency which removed, or caused the removal of, the vehicle shall Sacramento of the removal :' (c) Subdivision (c): "The public agency which removed, or caused the removal of, the vehicle or, at the request of the public agency, the lienholder shall obtain a copy of the names and addresses of all persotis having an interest in the vehicle, if any, from the Department oC Motor Vehicles either directly or by use of the California Law Enforcement Telecommunications System. This subdivision does not require the public agency or lienholder to obtain a copy of the actual record on file at the Department of Motor Vehicles ." (dl Subdivision (dl: "Within 48 hours of the removal, excluding weekends atid holidays, the public agency which removed, or caused the renioval of, the vehicle, or at the request of the public agency, the notify the Stolen Vehicle System of the Departnmt of Justice in HPH 87.1 2-12 e liant~older shall setid notice to the t'rtgistered and lebal O~~CL-S at their addresses of record wiLh the DepartmenL. of Hotor Vehicles, and Lo ally other person known to have an interest in Lhe vehicle. A notice setit by the public agency shall be sent by certified or first-class mail, and a notice senL by the lienholder shall be sent by cerLiCied mail. The notice shall include all of the following inforniation:" - 1 Subparagraph (1): "The name, address, and telephone number of the public agency pr-oviding the notice. '' - 2 Subparagraph (2): "The locaCion of the place of storage arid description of the vehicle which shall include, if available, the vehicle nuke, license plate number, vehicle identification riuniber, arid mileage. *' - 3 Subparagraph (3): "The authority and purpose for removal of the vehicle. '* - 4 Subparagraph (4); "A stalement that the vehicle will be disposed of 15 days fcom the date of the notice." - S Subpdragraph (3): "A statement that the owners and interested persons, or their agetits * have the opportunity for a poststorage hearing before the public agency which removed, or caused the removal of, the vehicle to determine the validity of the storage if a request Cor a hearing is made in person, in writing, or by telephone within 10 days from the date of notice; that, if the owner or interested person, or his or her agent, disagrees with the decision of the public agency, Lhe decision may be reviewed pursuanl to Section 11523 05 Lhe Government Code; and that during the time oC the initial hearing, or during the time Che decision is being reviewed pursuant to Section 11523 of the GovemmenL Code, the vehicle in question shall not be disposed of. ** (e) Subdivision (e): - 1 Subparagraph (1): "Any requested hearings shall be conducted within 48 hours of the request, excluding weekends and holidays. The public agency which removed the vehicle may authorize its own officers to conduct the hearing if the hearing officer is not the same person who directed the storage of the vehicle." - 2 Subparagraph (2): "Failure of either the registered or legal owner or interested person, or his or her agent, to request or to attend a scheduled hearing shall satisfy the posLstorage validity hearing requirement of this Section. ** (f) Subdivision (E): "The public agency eniploying the person, or utilizing the services of a contractor or franchiser pursuant to - - 2- 13 HPH 87.1 e 0 subdivision (b) of Section 22669, which removed, or caused the roinovdi of, the vehicle and which directed any towing or storage, shall bc responsible for costs incurred for Lowing and storage if it is determined in the hearing that reasonable grounds lo believe Lhat the vehicle was abandoned are trot established. *' (g) Subdivision (g): **No authorization for disposal nuy be issued by Lhe public agency which L-emoved, OL- caused the removal of, the vehicle to a lienholder who is storing the vehicle prior to the conclusion of a requested poststocase hearing of any judicial review of that hearing ." (h) Subdivision (h): "ff, after 15 days from the notification date, the vehicle renains unclaimed and the towing and storaGe fees have iiot been paid, and it no request for a postslorage hearing was t-equesled or a poststorage hearing was not attended, the public agency which removed, or caused the removal of, the vehicle shall provide Lhe lienholder who is storing the vehicle, on a form approved by the Department of Motor Vehicles, authorization to dispose ol the vehicle. The lienholder may request the public agency to provide the authorization to dispose of the vehicle. " (i) Subdivision (i): "If the vehicle is claimed by the owner or his or her agent uithiti 15 days of the notice date, the lienholder who is storing the vehicle may collecl reasonable fees for services rendered, but my not collect lien sale fees as provided in Section 22851.12." (j) Subdivision (j): "Disposal of the vehicle by the lienholder who is storing the vehicle may only be to a licensed disnmntler or scrap iron processor. A copy of the public agency's authorization for disposal shall be foLwarded to the licensed dismarrtler within five days of authorization for disposal shall be retained by the lienhoider who stored ihe vehicle Cor a period of 90 days if Lhe vehicle is disposed of to a scrap iron processor." (k) Subdivision (k): legal owners of the vehicle are not available from the records of the Departnient of HOLOL- Vehicles, either directly or by use of the California Law Enforcement Telecommunication Systent, the public agency may issue Lo the lienholder who stored the vehicle an authorization for disposal aL any time after the removal. The lienholder may request the public agency to issue an authorization for disposal afCer Lhe lienholder ascertains that the names and addresses of the registered arid Legal owners OS the vehicle are not available from the records of the Department of Motor Vehicles either directly or by use or the California Law EnCorcanuxit Teleconununication System. *' disposal to a licensed dismantiet. A copy of the public agency's "If the names and addresses or the registered arid - hTH 87.1 2-14 e 0 (1) Subdivision (1): shall not be recoiisLrucLed or made operable, utslcss it is a vehicle which qualifies for either horseless carriage license plates or historical vehicle license plates. pursuant Lo Seclion 5004, in which case the vehicle inay be recoristructed or iiude operable." **A veliiclc disposed of pursuant to this section 22. APPRAISERS. a. CVC Section 22855. (1) "The following persons shall have Lhe authority to make appraisals of the value of vehicles for the purposes of this chapter, subject to the coitdiLions stated in this chapler: *' (a) subdivision (a); "by member of the California Higlaway PaCrol designated by the commissioner." (b) Subdivision (b): "Any regularly employed and salaried deputy sherif f oc oLher employer. designated by the sherif f of any county. *' (c) Subdivision (e): "Any regularly employed and salaried police officer or other ernployee designated by the chief of police of any city." (dl Subdivision (dl: "Any officer or employee of the Department of Motor Vehicles designated by the director of the department." (e) Subdivision (e): "Any member of the California State Police designated by the chief thereof. *' (f) Subdivision (f): "Any regularly employed and salaried police officer or other employee of the University of CaliEornia Police Depactrnenl designated by the chief thereof * ** (g) Subdivision (8): "Any regularly salaried employee of a city. county, or city and county designated by the board of supervisors or a city council pursuant Lo subdivision (a) of Section 22669." (h) Subdivision (h): "Any regularly eniployed and salaried police officer or other employee of the police deparLment of a California State University designated by the chief thereof." (i) Subdivision (i) ; "Any regularly employed and salaried security officer or other employee of a transit district security force designated by the chief thereof." Cj ) Subdivision (j 1 : "Any regularly employed and salaried peace officer or other employee of the Department of Parks and Recreation designated by Lhe director of that department." 2-15 HPH 87.1 m e 23. ABATFHEtT OF NUISANCE; ORDINANCE TO ESTABLISH PROCEDURE; CONTENTS; FAILURE TO PAY COSTS; SPECTAL ASSESSMENT AGAINST PARCEL; COLLECTION; NOTICE OF ABATEMENT LIEN; RECORDATION; EFFECT. a. California Goverment Code (CGC) Seetion 25845. (1) 'Subdivision (a): "The board of supetvisors, by ordinance nray eslahlish it procedure for abatement of a nuisance. at minimum, provide that the owner of the parcel, arid any one known to thl board of supervisors to be in possession of Lhe parcel, be given riotice o the abatement proceeding and an opportunity Lo appear before the board of supervisors and be heard prior to the abatement of the nuisance by the county. However, nothing in this section prohibits Lhe sui\unacy abatement of a nuisance upon order of the board of supervisors, or upon order of aaj county officer authorized by law to suinnurily abate nuisarices, if the board or officer determines that the nuisance constitutes an inmediate thceat to public health or safety." (2) Subdivision (b): "If the ovlier fails to pay the costs of Lhe abalement upon demand by the county, the board of supervisors may order the cost of the abatement Lo be specially assessed against the parcel. The assessment may be collected at the same time and in Lhe same manner a6 penalties and the same procedure and sale in case 05 delinquency as are provided for ordinary county taxes. All laws applicable Lo the levy, collection, and enforcement of county taxes are applicable to Llie special assessinent. *' (3) Subdivision (c): "IT the board of supervisors specially assesses the cost of Lhe abatement against the parcel, the board may also cause a notice of abatement lien to be recorded. The notice shall, at a minimuin, identify Lhe record owner or possessor of property, set forth the last known address of the record owner or possessor, seL forth the date upon which abatement of the nuisance was ordered by the board of supervisoys and the date the abalement was complete, and include' a description oC the real ptoyerLy subject to lien and the ainount of the abatement cost.." (4) Subdivision (dl: "However, if the board of supervisors does not cause the recordation of a notice of abatement lien pursuant to subdivision (c), and any real property to which the COSLS of abaCemeut relates lrils been transferred or conveyed to a bona llde purchaser €or value, or a lien on a bona fide encuinbrancer for value has been created and attaches Lo that property, poior to the date on which the first installment of county taxes would become delinquent, then the cost of abatemenL shall not result in a lien against real property but shall be transferred to the unsecured roll for collection." The ordinance shall, ordinary couiity taxes are collected, and shall be subject to the saw KPH 87.1 2-16 a e (5) Subdivishn (e) : lo subdivision (E) has the same effect as recordation of an absLract of a money judgment recorded pursuant to Article 2 (conuiencing with Section 697.310) of Chapter 2 of Division 2 of Title 9 of ParL 2 of Lhe Code of Civil Procedure, lien on real property and conliuuas in eflt.cL until released. Upon order of the board of supervisors, or any county officer authorized by the borw of supervisors to act on iCs behalf, an abatement lien created under this section may be released or subordinated in the same manner as a judgment lien on real property may be released or subordinated." (6) Subdivision (1): "In counties with a population of 6,000,000 or iuore, the board of supervisors may delegate the hearing required by subdivision (a), prior to abatement of a public nuisance, Lo a heacing board designated by the board of supervisors. The hearing board shall nuke a written reconmendation to the board of supervisors. The board of supervisors may adopt lhc recommendation without further riotice of supervisors. *' "RecardaLion of a notice of abatemenL Lien pursuarli The lieri created has the same priority as a judgmenL hearitlg, or my set lhe matter for a de novo hearing before the board of 24. SECOND OR SUBSEQUENT CIVIL OR CRIMINAL JUDGMENT; ABATEXENT OF NUISANCE; TREBLE DhlUCtS. a. CGC Section 25845.5. (1) "The board of supervisors, by ordinance, may provide that upon entry of a second or subsequent civil oi- criminal judgment within a two-year period finding that an owner of property is responsible for a condition that may be abated in accordance with an ordinance enacted pursuant to Section 25845, except for conditions abated pursuant to Section 17980 of the Health and Safety Code, the court may order the owner to pay treble the costs of the abatement . *' 25 e NUISANCE ABATEMENT LXEN; ORDINANCE; PROCEDURES; FEES. a. CGC Section 36773.1. (1) Subdivision (a): "The legislative body may by ordinance establish a procedure to collect abatement related administrative costs by a nuisance abatement lien. This ordinance shall require notice prior to the recordation of the lien to the owner of record of the parcel of land on which the nuisance is maintained, based on the last equalized assessment roll or the supplemental roll, whichever is more current." (2) Subdivision (b): "The notice shall be served in the same manner ds a suiiunons in a civil action in accordance with Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of part 2 of the Code of Civil 2-17 XPU 57.1 a 0 Procedure. If the owtier Of L'BcOTd, afLer diligent search cannot be found,the notice nlay be served by posting a copy thereof in a conspicuous place upon the property for a period of 10 days and publication thereof i a newspaper of general circulation published in the county in which the property is located pursuant to Section 6062 .** (3) Subdivision (c): "A nuisance abatement lien shall be recoded in tlr county recorder's office in the county in which the parcel of land is located and from the date of cecorditig shall have the force, effect, and priority of a judgment lien." (a) Subparagraph (1) : "A nuisance abatement lien authorized by this Section shall specify the amount of the lien, the name of the agency on street address, legal JescripLion and assessor's parcel tiuniber oil which the parcel. *' (b) Subparagraph (2) : "In the event. that the lien is discharged, released, or satisfied, either through payment or foreclosure, notice 01 discharge containing the information specified in paragraph (1) shall bc recorded by the governmental agency. A nuisance abatement lien and the release of the lien shall be indexed in the grantor-grantee index." (c) Subparagraph (3) : **A nuisance abatement lien nay be foreclosed ti an action brought by the city for money judgment." (dl Subparagraph (4) : "Notwithstanding Section 6103, Section 27383, or airy other provision of law, the county recorder may impose a fee on the city to reimburse Clre costs of processing and recording the lien ani providing notice to the property owner. A city may recover froin the property owner any costs incurred regarding the processing and recordin1 of the lien and providing notice Lo the property owner as part oi its whose behalf the lien is imposed, the date ol the abatenienl order, Lke llie lien is imposed, and the iim and address ol llie recorded owner of loreclosure action lo enforce the lien." 26. ESTABLISHMENT OF PROCEDURE FOR ABATEMENT OF -1SANCE; COST OF ABATEHENT AS SPECIAL ASSESSMENT AGAINST PARCEL; CONDITION WKING COST NOT A LIEN. a. CGC Section 38773.5. (1) "As an alternative to the procedure authorized by Section 38773.1, the legislative body my by ordinance establish a procedure for the abaLemenL of a nuisance and make the cost of abateatent of a nuisance upon a parcel of land a spqcial assessment against that parcel. The assessmenl truy be collected at the same time and in the same manner as ordinary nwnicipal taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary nunicipal taxes. All laws applicable to the levy, collection ant - HPH 87.1 2-18 W w c?tifoLqcenwtiL Of rtrunicipal LdxeS shall be applicable Lo the special assessmenl. HowI?v~?L-, if dtly real property Lo which Ihc cost of dbdLernonL relates hac been transferrod or couveyud to a botia fide purchaser foL* value, OL- if d lien of tona fide eiicunibraticer lor value 114s been created prior to Lhe date on which the CirsL insLallrnei~1 of LdXrS would becww delinquenl, then the cost of abatement shall I~OL result in a lien against the real property but instead shall be traiislerred to the unsecured roll for collection. Notices or instruments relating to the abatement proceeding or special assessment shall be entitled Lo recordation. '' 27. SECOND OR SUBSEQUENT CIVIL OR CRIMINAL JUDGMENT; ABATEMENT OF NUISANCE; TREBLE DAHAGES . a. CGC Section 38773.7. (1) "The legislative body, by ordinance, nidy provide Lhdt upon entry of a second or subsequent civil or criminal judgment within a two- year period finding an owner of property is responsible for a condition that rimy be 3 abated iti accordance wiLh an ordinance enacted pursuant to 38773.5, except for cotiditions abated pursuanl. Lo Section 17980 of the Health and Safety Code, Lhe court nmy order the owner to pay treble the costs of the aba Lemutit . ** 2- 10 HPH 87.1 0 0 CHAPTER 3 REQUIREHENTS FOR FARTICIPATlNC SERVLCE AUTHORLTLES 1. GR?ERAL REQUIREHENTS . a. Establishment of a Service Authority. Section 22710 of the California Vehicle Code states that a Service AuLhority for the abatenwnt of abandoned vehicles may be established in any caunty if Lhe board Of supervkors of the county and a nujority of the cities having a imjority of the incorporaled population within the county have adopted resolutions providing for the ostablislunent of the authority and the imposition of the vehicle registration fee. b. Service Fee. Section 9250.7 of the California Vehicle Code states that a Service Authority established pursuant to the provisions of Section 22710 my impose a fee of one dollar ($1) on vehicles registered to an owner with an address in the county which established the Service Authority. (1) The fee shall be paid to the Department of Hotor Vehicles at the time of registration, or renewal of registration, or when renewal becomes delinquent, on OL- after January 1, 1992. Vehicles that are expressly exempted from the payment of registration fees under the provisions of the California Vehicle Code are exempted from the requirement to pay the fee. (2) The fee imposed by a Service AuLhoriCy will remain in effect for a period of five years after the date the Authority is established. (3) The Department of Notor Vehicles will deduct its administrative costs from the fees and transmit the net amount collected to the Treasurer, at least quarterly, for deposit in the Abandoned Vehicle Trust Fund which was created by this legislation. c . appropriated to the State Controller for allocation to a Service Authority which has an approved Abandoned Vehicle Abatement Program (Plan) as required by the provisions of Section 22710. Abandoned Vehicle Trust Fund. All money in the fund is continuously (1) The State Controller will deduct administrative costs from the funds. (2) The State Controller will allocate the xioney in the Abandoned Vehicle Abatement Trust Fund to each participating Service Authority in proportior to the revenues received from the fee imposed by that Service Authority. d. Membership. Section 22710 of the California Vehicle Code states that tho membership of the Authority shall be determined by concurrence of the board of supervisors and a majority vote of the cities within the county having a inajority of the incorporated population. 3-1 HPH 87.1 0 0 e. Service Authority Staffing. existing county and ciLy personnel. Tlre Service Authority shall be Staffed by (1) "Existing personnel" means those persons employed by the cout~ty or city prior to establislunent of the Service Authority. (2) This indicates that personnel who are hired after the establishnetit the Abandoned Vehicle Abatement Trust Fund - of the Service Authority cannot be fuuded lhrough monies disbuised from f. Authorizations Granted to the Service Authority. Section 22710 authorizes the Service Authority to do the following: (1) Tlie Service Authority may contract and undertake any ac t convenient or necessary to carry out any law relating to the Authority. (2) WotwiLhstatrditrg any other provision of law, a Service Authority mry adopt an ordinance establishing procedures for the abatement, removal, an disposal as public nuisances, of abandoned, wrecked, dismantled, or inoperative vehicles or parts thereof from private or public property; an for the recovery, pursuant to Section 25845 or 38773.5 of the Government Code, QL* assumption of costs of administration, removal and disposal. g. Actual Removal and Disposal of Vehicles. Section 22710 requires that IMY be a county or city or the Department of the Califoniia Higliwdy Patrol, the actual reinoval and disposal of vehicles be undertaken by an entity whic pursuant Lo a contract wiLh the Service Authority. (1) This would include subcontracting for Lowing, dismantling and disposal services when necessary. h. Authorized Expenditures. The money received by a Service Authority pursuant to Sections 22710 and 9250.7 shall only be used for the abatement, removal, and disposal as public nuisances of any abandoned. wrecked, dismantled, or inopecaLive vehicles oc pacts thereof from private or public property. (1) This includes all expenses related to the abatement, removal and disposal of the vehicles specified in paragraph h. above, but excludes costs prohibited by those expressly prohibited in paragraph e., Subparagraph (2) of this chapter. i. Approval of the Service Authority's Abandoned Vehicle Abatenient Pm&cdnt and Plans. The following are requirements relaling to approval 05 a Serxict Authority's Abandoned Vehicle Abatement Programs arid Plaits: (1) shs11 be implemented only with the approval of the Department of the A Service Authority's Abandoned Vehicle Abatement Program and Plan HPH 87.1 3-2 0 0 Califotmia Highway Patrol atid with the approval of the coutity and a nmjority of the cities havine a majocity of the incorporated population. (2) Wie DaparLmenL ol Lhe C;lIiforn;a Uigliway PaLr.01 shall pr.ovLJs euidelines for Abandoned Vehic1,e Abatcmenl Programs dtid Plans, and the Service Authorities Abandoned Vehicle Abatement Prograns arid Plans shall be consistent with those guidelines. (3) Llie county and the required cities having a majority of the incorporated population, the Authority shall submit the Program and Plan to the Orice the Service Authority's Program and Plan has been approved by Departmenl of the California Highway Patrol for approudl. (4) The approved Program and Plan shall be subdLLad Lo the Department o the California Highway Patrol by August 1, 1991 or before August 1, in thl year that the Service Authority was formed. During the 1991 calendar year, the August 1 deadline may be adjusted to conipensaLe for the delays caused by Lhe development of the necessary guidelines. (5) The Department of the California Highway Patrol shall review the October 1, 1991, or by OcLober 1 of the year that the Service AuLhority was fotnled. (6) The Service Authority shall submit the Program and Plan, as revised, Lo the Department of the California Highway Patrol, and if it is determined that it is cotisistent with the guidelines, the California Highway Patrol shall submit the approved Program and Plan to the State Controller by the following January 1. (71 Any approved Program or Plan which was adopted by the Service Authority as required nlay be revised pursuant Lo the procedures described above, including coinpliance with the required submission dates for submission to the California Highway Patrol and the State Controller, respectively, in the year in which Lhe revisions are proposed. HOWW~L-, compliance with this procedure will only be required if the revisions are substantial. Program atid Plan and make reconunendaliotis for revisions, if necessary, by j. Disbursement of Funds by the State Controller. Except for service * authorities which have revised their Program and Plan as described in subparagraph (6) above, the State Controller shall not allocate funds to a Service Authority for a calendar year in which an approved Program or Plan was riot received before January 1, of that year. k. Cessation of the Existence of a Service Authority. A Service Authority shall cease to exist on the date that all revenues received by the Authorit pursuant to Sect ions 22 710 and 9250.7 have been expended. 3-3 HPH 87.1 W w 2. ClJfDEL'INES FOR THE DEVELOPWENT OF ABANDONED VEHICLE ABATEMENT PROCRWS AND PLANS. a. Abandoned Vehicle Abatement Plan Content Statement . The Abairdoricd Vehic Le Abatement Program and Plans developed by service authorities aalablished pursuant to Sact:on 22716 sha11, at m;n;muin. conlain the lo 1 lowing : (1) Required Resolutions. Copies or the following required rcsolutiotas shall be submitted as part of the Service Authority's approved Abandoned Vehicle Abatement Program and Plan: (a) A copy of the resolutions providing for the establishment of the Service AuLhority, including identification of its menibership, and the imposilion of the one dollar ($1) registcation fee pursuanL to the requirements of subdivision (a) of Section 22710 atid subdivision (a) of Sect ion 9250.7. (b) Authorily's Abandoned Vehicle Abatement Program and Plan, as required by subparagraph (1) of subdivision (dl of Section 22710. A copy of Lhe required resolution of approval of the Service (c) A copy of resolutioils approving revisions to a previously approved Abaiidoiied Vehicle Abatement Program and Plan as specified in subdivision (e) oC Section 22710, if applicable. (2) Estimate of the Number of Abandoned Vehicles. The approved Abandoned Vehicle Abatement Program and Plan shall include an estimate of the number of abandoned vehicles located within the county serviced by the Service Authority, as required by subparagraph (2) of subdivision (d) of Section 22710. ( 3) Copies of Ord iirances . The approved Abandoned Vehicle Abatement Program arid Plan shall include copies of the ordinances which inay be established pursuant to subparagraph (1) of subdivision (c) of Section 22710. (a) Includes the ordinance establishing procedures for the abatement, removal, and disposal as public nuisances, of abandoned, wrecked, dismantled, or inoperative vehicles or parts thereof from private or public property. - 1 22660 and 22661 of the Vehicle Code. - 2 Section 22660 and 22661 of the Vehicle Code. Any such ordinatace shall neet all of the requirements of Section Hay adopt an existing ordinance which meets all the requirements of (b) Includes llie ordinance(s1 developed Tor recovery, pursuanL io Section 25845 or 38773.5 of the Government Code, or assuntytion by the Service Authority, of costs of administration and removal and disposal. - HPH 87.1 3-4 * e e (4) DispoSP1 and EnfOrCefWnt Strate=. The approved Abandoned Vehicle Abatement Program and Plan shall include an enforcement and disposal st ra Legy . (a) The enlorcement strategy should include eriforcement of SecLion 22523 of the Vehicle Code arid local ordinances adopted Cor the purposes of abatement, removal, and disposal ds public nuisances, of abandoiicd, wrecked, dismantled, or inoperative vehicles or parts thereof from private or public property. (b) The s.taL~L6ry auLliariLy Lo remove abandoned vehicles fsm highwys or privdte or public property may properly be Section 22669 of the Vehicle Code or a local ordinance adopCed for the purposes of abaLemenL removal, and disposal as public nuisances, of abandoned, wrecked, dismantled, oc inoperative vehicles or parts thereof Crom private or public property. (c) Section 22662 of the vehicle code or by contractual a&reement(s) with a licensed auto dismatitler or scrap iron processor, in accordance with thc provisions of Section 22851.3 of the Vehicle Code. The disposal strategy may be in accordance with tlic provisions of (5) Cost Recovery Stratem. The approved Abandoned Vehicle Abatement Program arid Plan shall include a cost recovery strategy. (a) This includes a strategy Cor recovery of costs associaLed with the administration, removal and disposal of vehicles or parts thereof abate from private or public property. This may be accomplished through strategies related to the provisions of Section 22523 of the Vehicle Code, or Section 25845 or 38773.5 of the Government Code. (6 1 Contractual kreenients . The approved Abandoned Vehicle Abatement Program and Plan shall include copies of any contractual agreements that the Service Authority has entered into in order to carry out the law relating to the Service Authority. (a) This includes contracts with a county or city or the Department ol the California Highway Patrol for the actual removal or disposal of vehicles. (b) This includes contractual agreements with providers of towing aad storage services, automobile disniantlers, or scrap iron processors. ( 7) Appropriate Fiscal Controls. The approved Abandoned Vehicle Abatement Program and Plan shall include measures etisuring proper fiscal controls. The controls shall include, but are not limited to Che following: (a) Measures for accounting for the brass amount of fuiids that the Service Authority received f com the Abandoned Vehicle Trust Fund. - HPH 87. 3-5 0 (b) Fund monies $-ended by the Service Auiliority. (c) thereof abated as a result of the Service Auihority's abalement, removal and disposal efforts. (dl Measures for conducting internal audits by the Service AuthoriLy. The internal audits shall be conducted at least quarterly. Measures for ati itemized accounting for the Abandoned Vehicle Tcust Measures for accounting for the total number of vehicles or parts 3. REPORTING REOUIREHENTS. a. Report to the Legislature. The Department of the California Highway report shall rate the effectiveness oC the Abandoned Vehicle Abatement Programs conducted pursuant to Sections 9250.7 and 22710 of the Vehicle Codc. t. Ouarteclv Reports to CHP. In order to meet its obligation, the Department of the California Highway Patrol requests that each Service Authority, established pursuant to the provisions of Sections 9250.7 and 22710 of the Vehicle Code, submit on a quarterly basis data relative to the operation of its Abandoned Vehicle Abatement Program. The report should cotitain the following information: Patrol slid11 prepare a report to the Legislature by Jdnuaty 1, 1996. The (1) The gross amount of money received by the Service Authority from the Abandoned Vehicle Trust Fund during the quarter and the year to date. (2) An itemized statement of the Abandoned Vehicle Trust Fund monies expended by the Service Authority during the quarter and during the year to date. (3) An accounting of the total number of vehicles and p~rt?: thweof abated by the Service Authority during the quarter and the yeas to date. (41 iin assessment of the effectiveness of the-Service Authority's Abandoned Vehicle Abatement Program for the quarter and the year io date. HPH 87.1 3-6 0 0 APPENDIBC 3 W APPENDED 8 V APPENDIXE , - W W APPENDIXF * (i, a e APPENDIXG I w rn AGREEMENT FOR FUNDING [OR THE COUNTY OF SAN DIEGO] AND THE SAN DIEGO ABANDONED VEHICLE ABATEMENT SERVICE AUTEIOlUTY BETWEENmCITYOF I This agreement is made between the City of , ("City'*) [County of San Diego ("County")] and the San Diego Abandoned Vehicle Abatement Service Authority ("Service Authority") for funding of the abatement, removal, and disposal of abandoned vehicles in San Diego county. RBCITAXdS The Service Authority is authorized by section 22710 of the Vehicle Code to collect and disburse bds for the abatement, removal, and disposal as public nuisances of abandoned, wrecked, dismantled, and inoperative vehicles, or parts of vehicles, on public and private property within San Diego county. The Service Authority is Mer authorized by section 22710 of the Vehicle Code to contract with a county or city for removal and disposal of these vehicles and parts. A one dollar vehicle registration fee has been imposed on vehicles registered in San Diego County pursuant to section 22710 of the Vehicle Code for these purposes. The City [or the County] has established procedures for the abatement, removal, and disposal as public nuisances of these vehicles and parts. The Service Authority has adopted an abandoned vehicle abatement Program and Plan ("Program and Plan"). The Program and Plan have been determined by the Department of Ch&fornia Highway patrol to be consistent with its Guidelines, and have been approved by the city [the County]. The Senrice Authority proposes to fhd the City's [County's] removal and disposal of vehicles by reimbursing costs, as specified in the Program and Plan. G-1 L 1 '1 a I 0 e AGREEMENT . City [County] shall submit to the Service 1. mslon of %DO& Authorify the required reports described in the Program and Plan, on the dates provided in the Program arid Plan. 2. Reimburse ment. The Service Authority shall reimburse the City [the County] as provided in the Program and Plan. 3. b. This agreement shall become effective upon execution by both parties and shall terminate on the date that all funds received by the Service Authority pursuant to sections 9250.7 and 22710 of the Vehicle Code, which the City [County]. 4. u . The Service Authority may, at any time during normal business hours, examine all writings and ther data of the City [County] related to the reports submitted by the City [County] to evaluate the accuracy, completeness, and timeliness of the reports. .. have been allocated to the use of the City [County], have been expended by 5. m. The City [County] shall defend and indemnify the Service Authority &om any claimn of third persons arising out of the City's [County's] abatement program or out of the performance by the City [County] of this agreement. 6. &&ire Ag.reement . This agreement contains the entire agreement between the parties. 6-2 w Dated: San Diego Abandoned Vehicle Abatement Service Authority Granville M. Bowman Approved as to form and legality for San Diego AVA Service Authority Lloyd M. Harmon, Jr. bY bY Executive Director Deputy County Counsel -----------_--------l_____________l_____-------------------------------------------- Dated: CITY OF BY my: [COUNTY OF SAN DIEGO] City Manager Clerk of the Board of Supervisors] [Lloyd M. Harmon, Jr. City Attorney City of County Counsel] By: BY: 1 - - 6-3 1 f t I e e APPENDIXH - t 1 e I t e Appendix H Application for Reimbursement Cy(: Certification for the Qu; Addr: of Calendar Year PROGRAM STATISTICS A. No. of Complaints No. of VehicleslCases D. No. of Vehicles Stored but Not Claimed SUMMARY Priv Pro Total c F. Costs: This Quarter's Program Costs Year-to-Date Program Costs Attach Worksheets I certify that the Abandoned Vehicle Abatement costs and vehicle data were obtained from the accounting records and refiect complete and accurate information to the best of my knowledge. CERllFlCAflON City (County) Controller Area Code ( ) Phone Number Preparets Signature * '1 I I- 111 I u a !2 P I- z Lu z W CI) a 5 Ei U U 0 LL i2 8 2 ii 0 a n EXHIBIT b < I U e NEEDS ASSESSMENT STUDY SAN DIEGO COUNTY ABANDONED VEHICLE ABATEMENT SERVICE AUTHORITY Prepared by: TECHPLAN Corporation 5353 Mission Center Road Suite 31 0 San Diego, CA 92108 September 9,1991 w * SAN DIEGO COUNTY NEEDSASSESSMENTSTUDY SERVICE AUTHOR,ITY FORABANDONEDVEHICLE ABATEMENT TABLE OF CONTENTS ~OD~CTION .......................................... 1 GENERAL METHODOLOGY. ............................... .l CONCLUSIONS.. ........................................ 2 RECOMMENDATIONS.. .................................. .7 FINDINGSANDDISCUSSION.. ............................. S DefinitionOfAnAbatedVehicle.. ........................... .8 General Vehicle Abatement Procedures. ....................... .8 California Highway Patrol (Unincorporated Streets). ............ 9 County Public Works Department (Unincorporated Private Property and the City of Imperial Beach). ................... 13 San Diego Sheriffs Office (Streets in Contract Police Cities). ...... 13 City of San Diego Police Department (Steets and Private Property) .......................................... 14 Cost Estimation Methodology. ............................. .15 Abandoned Vehicles Versus 72 hour Parking Violations. ........... .17 StatisticalInformation .................................. .18 Cost Effectiveness. ..................................... .19 Reimburseable Abandoned Vehicle-Related Activities ............. .20 CostRecoveryMethods. ................................. .22 TowCompanies.. ...................................... 22 KeyIssues.. ......................................... .23 APPENDXXA- INTERVIEW QUESTIONNAIRE APPENDIX B - PROJECTED AB 4114 REVENUE BASE BY APPENDIX C - COSTDENEFIT WORKSHEETS JURISDICTION i 5 L 1 w e SAN DIEGO COl,J"R NEEDS ASSESSMENT STUDY SERVICE AUTHORITY FORABANDONEDVEHICLE ABATEMENT INTRODUCTION A Needs Assessment Study has been completed to address the requirement to establish a Service Authority For Abandoned Vehicle Abatement within San Diego County. Establishment of this Service Authority has been authorized by the State Legislature in AB 4114. Funding for the Service Authority is provided by the imposition of a $1.00 fee on registered vehicles within a county. The Service Authority may be created with the approval of the county Board of Supervisors and a majority of the cities having a majority of the incorporated population within the county. In San Diego County, approval of the Board of Supervisors, the City of San Diego and nine other cities is required. Before an established Service Authority is allowed to collect fees, an Abandoned Vehicle Program and Plan must be approved by the Department of California Highway Patrol. The CHP will submit this Program and Plan to Authority desires to collect fees. Fees collected by the Department of Motor Vehicles will be turned over to the State Controller who will place the funds into the Abandoned Vehicle kt Fund. Monies &om this fund will be disbursed to counties having a CHP- approved Abandoned Vehicle Abatement Program and Plan on file with the State Controller. The amount of hds collected will be reduced by nominal fees imposed by DMV and the State Controller. GENERAL METHODOLOGY The TECHPLAN Corporation Study Team interviewed the California Highway Patrol, the San Diego Sheriffs Office, San Diego County Vehicle Abatement program office and representatives from each city within the county. City representatives included applicable code enforcement personnel for private property vehicle abatement and law enforcement personnel for public right-of-way and street vehicle abatement. City Manager representatives attended the interviews in 10 of 18 cities visited. Each interview was designed to obtain procedures and personnel classifications involved in vehicle abatement activities, as well as estimates of time required for each activity on a per- vehicle basis. Salary, benefits, and indirect costs were obtained at the interview or through telephone contact with appropriate the State Controller by January 1 of the year in which the county Service 1 i s e e. financial data sources within the jurisdiction. In some cases estimates or assumptions were used where exact data were not available. The interviews were also designed to obtain each city's perception of the AB 4114 program including specific concerns regarding program implementation. A copy of jurisdiction interview questions is included in Appendix A. AB 4114 revenue base projections for the entire county and the 18 cities and unincorporated areas are provided in Appendix B. These projections use the county-wide vehicle registration data provided by the Department of Motor Vehicles and 1980-1990 jurisdiction population data provided by the San Diego Association of Governments (SANDAG). Revenue growth projections for 1991-2000 were made using regression techniques. Pro-rata reimbursement shares for each city were determined by applying proportional population ratios to the Service Authority's net reimbursement fund. As of the publication of this report, a preliminary determination of a 1% annual fee to be deducted by DMV, an approximate $1,000 annual fee to be deducted by the State Controller and a 5% annual fee to be deducted by the projections in Appendix B. . Appendix C contains Microsoft Excel spreadsheets used to compile a Cost/Benefit analysis for each jurisdiction in the county. A spreadsheet model was prepared for each agency involved in vehicle abatement activities within each jurisdiction. Estimated baseline program costs were obtained by computing the annual cost for each personnel classification used in the vehicle abatement process. Indirect cost rates were applied to personnel costs to calculate estimated fidl cost recovery. The Findings section of this study contains additional idormation on cost estimation methodology. CONCLUSIONS The County of San Diego and all 18 cities within the county are currently engaged in some form of abandoned vehicle abatement program. In general, city code compliance personnel do private property abatements and police departments do street abatements. Relatively complete data concerning vehicle abatement procedures were obtained from all jurisdictions within the county, including the California Highway Patrol and the San Diego County Sheriffs Office. Accurate statistical data for vehicle abatements by jurisdiction was more difficult to obtain. Many jurisdictions do not maintain complete abatement data, and the data that is available varies fkom city to city. Under these circumstances, comparative analysis relies heavily on assumptions and estimates. Service Authority has been made. These fees are reflected in the revenue 2 + I e e The study team also found that program costs are not closely tracked, although some jurisdictions maintain a Code Compliance budget line with an estimated percentage of that figure devoted to vehicle abatement costs. In general, law enforcement budgets do not contain a sufficient level of detail for vehicle abatement cost tracking. The City of San Diego was a notable exception to this general finding. Where budgetary information was lacking, the study team used procedural analysis to estimate costs by jurisdiction. Several cities were initially guarded in their endorsement of the AB 4114 program, primarily due to certain misconceptions about program funding, perceived need, jurisdictional representation, reimbursement strategies and the county's role in the program. During the course of conducting interviews for this study, program guidelines were carefiilly explained and virtually every jurisdiction could see measurable benefits fkom AB 4114. Using projected first year revenues as shown in Table 1 (including estimated fee deductions) and estimated program costs, 15 cities and the county have current program costs that exceed projected reimbursements. Three cities have projected reimbursements exceeding current program costs. Of these three cities, two would likely expand their programs to be more proactive, thus My using available AB 4114 revenue. One city would be unlikely to participate in the program. Specific concerns raised by many of the cities included the following: D Representation on the SAFE Board is not in proportion to city population nor does it represent specific city interests Q Some jurisdictions felt that Abandoned Vehicle Abatement impound fees collected from negligent vehicle owners, therefore additional revenue was not needed Excess fees collected &om citizens of a particular city should not fimd abatement efYorts in other areas of the county. Pro-rata reimbursement in excess of a jurisdiction's program costs should be held in a city's account to roll over year-to-year instead of being returned to a county-wide pool Cities want the ability to influence the nature of the abandoned vehicle abatement program according to their perceived needs and desires. .Abandoned vehicle abatement is not necessarily perceived as a regional issue D Virtually all local jurisdictions desire to retain existing programs--some jurisdictions would opt to fund a proactive program if suacient funds were available program costs were offset by cost recovery programs such as c3 Q B 3 t 1 w e Table 1 SAN DIEGO VEHICLE ABATEMENT SERVICE AUTHORITY PROJECTED 1992 AVA FUNDS BY JURISDICTION SOURCE: SANDAG INFO ON 1990 CENSUS 4 $ I 0 e !II CI Reimbursement allocation should be kept as simple as possible-- preferably on a population pro-rata basis Complex and costly accounting procedures should be avoided to reduce unnecessary staff time Based on the Cost/Benefit Summary shown in Table 2, there is a documentable need to establish a Service Authority For Abandoned Vehicle Abatement. Table 2 shows a summary of statistical data and cost estimates for each jurisdiction within the county using personnel costs (salary and benefits) and an assumed county-wide indirect rate of 100%. Some jurisdictions provided actual indirect rates in lieu of accepting the county- wide assumption. The table shows that on a fidl cost recovery basis, $2,101,368 is being spent to abate 70,711 vehicles throughout the county. These are general hd expenditures that can be offset or supplemented by AB 4114 bds. The projected county-wide revenue in the first program year is $1,876,636. This figure reflects the following fee assumptions: c1 DMVfee=l% tI tl State Controller fee = $IOOO.OO annually Service Authority fee = 5% Local jurisdictions were also in general agreement that the most direct and simple means to achieve reimbursement was to provide pro-rata shares from San Diego County's available Abandoned Vehicle Trust Fund monies on a quarterly basis. Pro-rata shares would initially be determined &om a population proportion applied to the county's Trust Fund entitlement from the State Controller, less a nominal Service Authority administrative cost. San Diego County's overall entitlement would reflect deduction of fees by the Department of Motor Vehicles and the State Controller. This reimbursement strategy does not address potentid inequalities in actual needs since some jurisdictions may bear a disproportionate share of the abandoned vehicle burden 6.e. jurisdictions that become "dumping grounds"). Better data is required on the actual distribution of potential abandoned vehicles to support alternative reimbursement policies. These policy changes would be within the purview of the Service Authority. Actual reimbursement procedures will be addressed in the Abandoned Vehicle Abatement Program and Plan and in individual contracts negotiated between the Service Authority and each jurisdiction. 5 1 6 * i e 0 R[ECOIMMENDATIONS The following actions should be carried out to implement a Service Authority For Abandoned Vehicle Abatement in San Diego County: 0 Initiate appropriate steps to the Service Authority For Freeways and Expressways (SAFE) to function as the Service Authority For Abandoned Vehicle Abatement Draft a Model Contract between the Service Authority and individual jurisdictions within the county. This Model Contract will be used as a basis for individual contracts. Develop a Draft Abandoned Vehicle Abatement Program and Plan For CHP approval, including the Model Contract, copies of all Ordinances complying with CVC 22661, and copies of resolutions establishing the Service Authority approve: (1) establishment of the Service Authority For Abandoned Vehicle Abatement; (2) the Model Contract between the Service Authority and each jurisdiction within the county; and (3) the Draft Program and Plan Submit the approved Draft Program and Plan, including the Model Contract, appropriate Ordinances and resolutions to the CHP for approval by October 1,1991 The concerns listed in the Conclusions should be addressed in the Draft Plan and Model Contract to be reviewed and approved by each jurisdiction in the county. Existing Abandoned Vehicle Abatement programs in all county jurisdictions should remain in effect, with the Service Authority acting as a disbursement agency for local jurisdiction funding through the Abandoned Vehicle Trust Fund. Each jurisdiction should as a minimum submit a quarterly report to the Service Authority reporting statistics on vehicle abatement casedcomplaints, vehicles abated and vehicles impounded. The Service Plan should address the issue of standardization in county-wide data collection for abandoned vehicle abatement programs. tl Q Q Initiate Board of Supervisors' and City Council actions to Q ' 7 w m FINDINGS ANL) DISCUSSION Definition Of An Abated Vehicle Any vehicle, or part, suspected of being abandoned, or a public nuisance, which comes to the attention of a public agency and results in an investigation, and which is removed &om an unlawful location, should be considered an abated vehicle. This may come about after a simple verbal warning, a written notice and warning, repeat warnings, court action, or by any method which brings about the lawful removal of the vehicle or part thereof. This defition ensures that all applicable costs are considered during the various stages of the public and private property vehicle abatement process. General Vehicle Abatement Procedures The procedures used for the removal and disposal of abandoned, inoperative, or public nuisance vehicles can be separated into two, usually distinct categories--private property and public property, which includes streets. While virtually every jurisdiction follows a slightly different procedure for the abatement of vehicles, and some an entirely different procedure, the legal authority to remove them is based on just a handfid of laws. The most commonly applied are: Vehicle Code section 22523, which makes it unlawfid to abandon a vehicle on public or private property. Vehicle Code section 22660, which autho~zes local governments to adopt an ordinance establishing procedures for the abatement and removal, as public nuisances, of abandoned, wrecked, dismantled, and inoperative vehicles. contents of such an ordinance. Vehicle Code section 22669, which authorizes the removal of abandoned vehicles under specified conditions &om a highway, or public or private property. Vehicle Code section 2265l(k), which authorizes the removal of a vehicle left standing on a highway for more than 72 hours, in violation of a local ordinance authorizing removal City Ordinances which regulate the storage of abandoned or non-operative vehicles on private property. P 0 P Vehicle Code section 22661, which spells out the required D D D 8 c I 0 a There are many other laws, primarily in the vehicle code, which have a bearing on the removal and disposal of abandoned, wrecked, dismantled, and inoperative vehicles. But those listed provide the framework for almost all local procedures. Many jurisdictions in San Diego County follow local procedures that vary somewhat from these CVC sections or ordinances. Jurisdictions tend to tailor applicable laws to fit their own needs and policies. Figures 1 and 2 show the general flow of vehicle abatement activities for public Rights-of-Way/Streets and Private Property respectively. Because of their &que applicability, procedures for the California Highway Patrol, the San Diego Sheriffs Office and the county's Solid Waste Management Division are described in detail as they apply to unincorporated areas of the county. Procedures for the City of San Diego are also described in some detail. Procedures for the remainder of the cities are summarized in Table 3. California Highway Patrol Wnincorporated Streets) The CalSornia Highway Patrol handles all traf€ic matters in the unincorporated territory of the county, including abandoned vehicles on county highways and streets. Seldom, if ever, is a vehicle abandoned on the fkeeway. Even X, in the mind of the owner, a vehicle was abandoned on a fkeeway, the fact that vehicles left on the freeway in excess of 4 hours are routinely towed and stored, makes it unlikely that an officer would ever suspect that the vehicle was abandoned. The San Diego CHI? office removes a few vehicles from the county roads in the vicinity of Bonita, almost all on the basis of the 72-hour parking limit. The El Cajon CHP office removes a considerable number of vehicles from county roads in Lakeside, Spring Valley, Alpine, Jamd, Flynn Sphgs, Ramona, Julian, and Borrego. The CHP keeps no records on the number removed, but the El Cajon office assigns two Freeway Service Patrol officers to work half-time on removing vehicles abandoned or left standing over 72 hours on the county roads in these areas. They estimate that each officer causes the abatement of 90 to 120 vehicles per month, including 25 to 30 that are towed. Vehicles observed on private property are referred to the San Diego County vehicle abatement program. The Oceanside and Temecula CHP offices also handle abandoned vehicles on county roads. No figures concerning volume are available. 9 Citizens m PD Patrol m Complaint Processing - Locate/lD/Tag CVC 22664[.;] & Mark Vehicle 1 i FoIIow-UP Visit Send Notices 1 Dispose Of Vehicle - - P 5 9 j+pz.E q-gsg.eg 3 c c t 91 I,= oam 1 azo ooonwwwE~~z ncoto88>=, - - E 0 0 SPiii.52 s u)o 4 oz- opj;ji! mu) ,a9sg 1 ;I I 1 0 e County ALblic Works property and the City 7 o Imperial Beach) artment mnincorporated Private Code Compliance Officers &om the San Diego County Department of Public Works, Solid Waste Division, respond to and process all private property public nuisance and abandoned vehicle complaints within the unincorporated territory of the county and the City of Imperial Beach. The process used is covered by County Ordinance 4121, which declares abandoned vehicles to be public nuisances. The vehicles customarily dealt with are inoperative ')unkers." Compliance officers respond mostly to complaints. They respond to the scene and conduct a prehnary investigation. They either secure the owner's permission to abate the vehicle(s) or send the property owner and registered owner of the vehicle(s) a 10 day notice to comply by certified mail, After 15 days they return to the scene and recheck the vehicle(s). If the vehicle has been removed or made operable, the case is closed. If not, and it appears the owner is attempting to comply, another notice is sent. If it does not appear that the property owner is attempting to comply, the vehicle or property is posted with a 10 day notice to comply. If there is still no compliance, the vehicle is removed by a contract tow company. Almost all vehicles are valued at under $300 and are taken to a dismantler. In some case the property owner requests a hearing. If the property owner is dissatisfied with the hearing results, hdshe may wind up in court, in which case the abatement may take from 6 months to a year. SUR mego Shes Once (Streets in Contract Police cih) The San Diego Sheriffs Office (SDSO) provides law enforcement services, including abandoned vehicle abatement and parking enforcement, in 9 of the county's 18 cities. The SDSO relies almost entirely on complaints for locating vehicles on the street which are either abandoned or in violation of the 72- hour parking ordinance. Typically, either a Community Service Officer (CSO) or Deputy Sheriff responds to the scene, conducts a preliminary investigation, attaches a 72 hour warning notice, and places a copy in a tickler file. The CSO or Deputy returns to the scene in about a week. The small percentage of vehicles still there (about 20%) are towed and processed by the tow operator. They may be dismantled and crushed or lien sold, depending on appraised value, or returned to the owner. There are no public h& required for towing and storage, and no administrative fees are charged to the Vehicle owners. The SDSO feels they are able to keep UP with the complaint work load, but that it is a continuing problem. - 13 w rn Citg ofsCm Diego Police Department (Steets and Private ProPerEy) The San Diego Police Department (SDPD) handles abandoned and public nuisance vehicles on both city streets and private property. Most reports of vehicles abandoned, or lea standing on the street for over 72 hours are brought to the attention of the PD by citizens who telephone complaints to the PD communications center. The approximately 100 complaints received each day are referred to 5 full time and 3 part time Parking Enforcement officers (PEOs). The PEOs respond to the scene, perform an initial investigation, mark the vehicle tires, and leave a ?'%hour warning notice on the vehicle, They usually respond within 10 days of receiving the complaint and find about 75% of the vehicles still there. There is a 2-3 week backlog. About 15% of the vehicles are immediately towed away for outstanding parking citations, one year overdue registration, or are inoperative abandoned vehicles. The remaining 85% are tagged with the 72-hour warning notice. The officer returns in 5 to 7 days and finds 25 to 30% of those tagged still there. SDPD officials estimate that only about 5% of these are actually abandoned vehicles, although no actual figures are available. The PEO stands by for the tow truck arrival in about 10% of the cases. In those cases it takes 30 to 40 minutes to complete the tow. Abandoned or public nuisance vehicles on private property are brought to the attention of SDPD primarily through complaints by the public. The reports are received and recorded by a clerk, then routed to the one, f?ul1 time Code Compliance Officer (CCO), who calls the citizen back. About 10 to 20 cases are generated each day in this manner. A case may consist of one or more vehicles. The CCO then goes to the scene and conducts a preliminary investigation. The vehicle may or may not be tagged. Whemthe CCO returns to the office, certified letters are prepared and sent to the property and vehicle owners giving a 10 day notice to abate the vehicle(s). If the notices are not deliverable, the CCO returns to the scene and attaches a notice to the vehicle. In either case the CCO returns to the scene and checks to see if the vehicle has been moved or made operable. About 60% have been abated by this time. If not, and it appears progress is being made, a 30 day extension is granted. This may be repeated once. After the first 30 day extension, approxi&itely 20% more of the original cases have been abated "voluntarily". Upon the next return, if the vehicle(s) have still not been abated, abatement orders are prepared and delivered to the tow company. The tow company then returns to the scene at a later time and removes the vehicle. Once or twice a month, the CCO accompanies the tow responds due to the potential for a disturbance. truck to the scene, and once every 2 months, a uniformed patrol unit also 14 0 0 SDPD estimates that five additional Code Compliance Officers could be kept fully employed by adopting a more proactive stance towards the abatement of abandoned vehicles on private property. This policy option would not be viable without AB 4114 revenue. Appendix D contabs three additional figures related to the establishment of an abandoned vehicle abatement program cost baseline for the City of San Diego. These figures are labeled Exhibits A through C. Table 2 is reproduced as a part of Appendix D, The City of San Diego's Cost'J3enefi.t Worksheets for the 32% indirect rate provided by the city's fiscal management office are also provided in Appendix D. Cost Estimation Methodology Figure 3 illustrates the process of obtaining cost estimates using procedural analysis techniques. Data for this process was obtained &om interviews, city offices, estimates and assumptions made by the study team. Assumptions were used when no data or estimates were provided and were based on best available information or county-wide averages. Some of the major assumptions used were: o 0 Benefit rate of 35% applied to direct salary Indirect rate of 100% applied to salary and benefits (except for selected cities which provided actual rates) o For private property, there are 3 vehicles per abatement case 0 10% of vehicles stored resulted in administrative hearings 0 80% of vehicles tagged for 72-hour street violations are voluntarily abated; 90% of private property complaints are voluntarily abated Microsoff Excel spreadsheets (Appendix C) were prepared for each agency involved in vehicle abatement in each jurisdiction. Selected dah from these spreadsheets was summarized in the Excel spreadsheet shown in Table 2. 16 ~ rn c 0 a 3 I .- .c.. .c.. E 8 L W Q,L a4 Ea, I z> * c n c1 Q) Q) c v) * P % 8 6 2 w G= c Q) v) Q 2 a Q) a E a, CI - * 0 a 0 c 0 a .- e E rc - * s I I z a 23 - aLc ab ma a - xn 0 =5 2s L .c, c a, am' za aI- a L 3 a, a 3 a -2 i=s z a5 xJ2 E $a = I- w" I I e 0 Abandoned Vehicles Versus 72 hour Parking Violations Although many vehicles left on the street are in fact abandoned vehicles and could be lawfblly stored as such by a peace officer, or other employee authorized pursuant to Vehicle Code section 22669, only a fraction of these are officially listed as abandoned vehicles and removed from the street under the authority of CVC section 22669. Instead, they are removed by authority of a local ordinance pursuant to Vehicle Code section 2265l(k) which authorizes the removal of any vehicle parked on the street for more than 72 hours. The reason for this is that in the event the removal is later contested, the officer has irrefutable proof of the 72-hour violation, while proving the existence of a reasonable cause to believe the vehicle was abandoned might vehicle &om it's unlawful location, using the storage authority which best protects the officer and department is understandable. While this practice should not necessarily be changed, the unfortunate result is that many vehicles abandoned by their owners in violation of Vehicle Code section 22523 are never counted as such in official statistics. This presents a problem since Vehicle Code section 22710 (AB 4114) authorizes reimbursement of funds spent by local governments in removing and disposing of abandoned vehicles, but not for removing vehicles parked in violation of a local parking ordinance. To further complicate matters, Vehicle Code Section 22651.3 requires that before an officer removes an abandoned vehicle valued at $300 or less, it must be tagged with a warning notice stating that it will be removed after 72 hours. Ironically, this is the same warning used on vehicles parked for more than 72 hours in violation of a local ordinance. Officials who administer these laws on a daily basis were asked to estimate, based on their own personal experience, the percentage of those vehicles stored on the basis of the 72-hour parking ordinance which were actually abandoned vehicles. The estimates given ranged from 10% to 90%, while the most frequent estimate given was approximately 50%. It appears that a substantial proportion of those vehicles actually abandoned by their owners on local streets and highways will not be counted as abandoned, and that funds spent for their removal and disposal may not be eligible for reimbursement. It is very unlikely that the legislature intended to exclude these vehicles from the provisions of Vehicle Code Section 22710. Thus an attempt should be made to devise a method for including these vehicles in the same category as those otherwise classified as abandoned. be more difficult, And since the officer's objective is simply to remove the . There are three potential methods for accomplishing this; 17 w W Cl An arbitrary percentage of the veh;cles removed &om the street in violation of the 72-hour parking ordinance could be considered abandoned vehicles and funds used to locate, investigate, store and dispose of these vehicles could be reimbursed. A system for including these vehicles in the count of abandoned vehicles could be implemented. The vehicles would still be stored using the parking violation as authority, but those which the officer believed were actually abandoned would be counted as such by using and tabulating a special note. The county Regional Justice Information System (RJIS) provides the ca ability to extract storage authority data for impounded The third and perhaps best method would be to implement both of the first two alternatives at the start of the program, and to P ve L ‘cles. CL make adjustments as experience dictates, Statistical Information Ideally, to both continuously assess the need for, and to administer an abandoned vehicle program, the following statistical information is necessary: The number of complaints received or cases opened The number of cases remaining open past 60 days The number of vehicles abated (voluntarily or otherwise) The number of vehicles removed for impound 0 CL P 0 P The number of vehicles stored and not claimed CL CL CL P The job classification of the personnel involved The hourly pay rate of each classification Benefits and indirect costs for each classification The number of workhours expended by each classification in carrying out each of the above The last four items in the above list would be used to establish an estimate of the abandoned vehicle abatement program cost for each jurisdiction. Unfortunately, some of these statistics are not presently available in a standardized form. Some agencies keep track of the number of vehicles removed and/or abated. The agencies employing either code enforcement, code conformance, parking enforcement, community service or police service 18 e a officers generally keep the best statistics. Abandoned vehicle abatement activities involving sworn law enforcement personnel tend to be the least accountable and the most dif€icult to evaluate. Budgetary figures are sometimes available for non-peace officer personnel classifications, but police, sheriff and CHP budgets are generally not broken down to the needed level of detail. A significant amount of budgetary information can be'estimated using percentages provided by experienced personnel. For example, if the number of vehicles removed is known, the number of complaints received and investigations conducted can be estimated by applying these estimated percentages. While this is clearly not the best, way, in most cases it is the only way to arrive at the statistical information needed. If an Abandoned Vehicle Abatement Service Authority (AVASA) is established, governmental agencies participating in the program should be required to maintain and report the data needed to determine the amount of abandoned vehicle related work they perform. Cost Effectiveness The best and most successfbl program would be one which results in the greatest degree of compliance at the earliest stage of the vehicle abatement process. The ideal program might consist only of a public information program so effective that no one ever abandons a vehicle within the jurisdiction. The second best might consist of an initial approach used by enforcement officers so effective that there is no, or limited need for further action. In either case the cost of abating each vehicle would be substantially less than current data indicates. Conversely, the least effective program would be one which resulted in the forcible removal of a high percentage of the vehicles investigated. If every complaint resulted in the full range of activities necessary to accomplish a forcible removal, especially &om private property, the cost of abating each vehicle would be difficult to offset from any funding source. some cities have suggested that an appropriate activity reimburseable under AB 4114 might be to pay for voluntary removal of vehicles, especially from private property. This is an example of abatement early in the process and would likely be significantly cheaper than the lengthier and more costly traditional abatement process. 19 w e Reimburseable Abandoned Vehicle-Related Activities The most obvious cost related to the abatement of abandoned vehicles and vehicles which constitute a public nuisance is typically the removal (towing) cost. In fact, the cost of towing, storing and disposing of the vehicle is s'eldom a public expense. In virtually every case where a vehicle is removed from the street there are no public funds used to defkay the cost of towing, storing or disposing of the vehicle. Likewise, there is no charge to the public when the agency effecting the removal uses a tow company that is'on the local law enforcement towing rotation list. The only time the agency is forced to pay a tow company to remove an abandoned or public nuisance vehicle is when the agency effecting the removal is acting independently of a law enforcement towing agreement. Activities requiring the expenditure of public funds are those that lead up to removal, or those that cause the vehicle to be abated voluntarily. These activities include: CS Receiving and assigning complaints CS Observing and reporting potential cases while on routine patrol 0 Responding to the scene and actually locating the vehicle identified in the complaint or observation CS Investigating the circumstances and iden-g the vehicle c1 Completing, attaching, mailing, routing and filing required notifications and reports 0 Returning to the scene to determine whether the vehicle is still present aRer notice to remove it has been delivered Q Completing, attaching, mailing, routing and filing additional required notices and reports CS Conducting hearings, either before the fact when private property is involved, or after the fact when the vehicle has been removed &om the street Responding to the scene for the purpose of having the vehicle removed 0 Q Responding to the scene to provide law enforcement back-up in cases where a non-sworn officer is effecting a disputed removal. Table 4 provides a description of the above listed activities. Most, if' not all of these activities are recognized by non-sworn agencies as constituting an abandoned or public nuisance vehicle abatement-related 20 a Table 4. DEFINITION OF ACTIVITIES ACTIVITY DEFINITION Receive complaints by tele hone, observation, letter of aban onedl public nuisance vehicles. Assign, route, record complaints. Respond to the scene, locate and identify vehicle, check for stolen and registered owner idormation, i Receive Complaints Locate and Conduct Initial Investigation owner and neighbors, talk a praise to prope3 vehi e, tag vehicle, take p ! otogtaphs, complefe reports. Conduct Follow-up Investigation Activate suspense system, return to the scene, check to see ifvehicle abated or progress made. Talk to property owner, retag vehicle, take photos, make reports. May return up to five times, or more, depending on the procedure followed. Prepare, p, file, mail letters, notices, fo ow-up notices and other official forms. Activate suspense system, return to scene, check vehicle, call tow truck, wait for tow truck arrival and hook up, complete reports, call for and respond to the scene to keep the peace. Hold hearings either before removal reasonableness and legality of the removal. Prepare for and attend the hearings. Prepare case, no@ city attorney or district attorney, hold court hearings and trials, serve papers and make reports. Complete Required Notices Remove Vehicles Hold Hearings Prosecute andlor File Injunctions Note: Jurisdictions may not perform all of the activities exactly as defined, depending on their particular procedure and whether private property or a street is involved. The cit -by-city differences were considered when preparing the codbenefit an J ysis shown in Table 2. 21 , 0 w expense. However, police agencies typically consider these activities as routine business and seldom relate the time expended to their removal and abatement program budget. Thus the cost to police agencies, especially those involving sworn officers, of performing abandoned and public nuisance vehicle abatement activities is seldom considered or identified as such. This results in cost estimates for dealing with abandoned or public nuisance vehicles which are considerabIy below the actual cost of the program. Cost Recovery Methods me only five cities in San mego county have implemented a Cost recovery program, others are considering such steps. One advantage of a program such as the one implemented by the City of San Diego is that it attempts to cover the cost of dealing with abandoned or public nuisance vehicles by assessing an administrative fee against the owner of every vehicle towed as a result of the owner's negligence or non-compliance. Administrative fees charged by cities may cover the cost of handling a vehicle that is claimed by its owner. However, it is unlikely that these fees cover all of the activities identified in this report, including activities performed by police officers, parking enforcement officers, code enforcement officers, supervisors, clerks and dispatchers leading to the voluntary removal of vehicles where fees are not collected. Perhaps the most consistent estimate given by agencies interviewed is that 80% of the vehicles located in response to a complaint are gone when the enforcement person returns to the scene after the prescribed waiting period. No administrative fee is collected in those cases where enforcement personnel make two or three trips to the scene to fill out and send or attach notices to the owner, and locate and talk to the owner and neighbors. There is also the question of collecting the fee, especially when the value of the vehicle is $300.00 or less andor the vehicle is sent to the crusher. In other cases, where the owner wishes to regain posssession of the vehicle, decting the admimtrative fee is probably quite simple and straightforward. No fee-no vehicle. The real issue is how much of a fee would be required to cuver total costs of the abandoned and public nuisance vehicle abatement program, and would it be fair to charge the fee to only a percentage of those who create the problem. 'Pow Companies Tow company questionnaires were sent to 62 tow companies throughout the county on a list provided by the CHP. Seventeen responses were returned. 22 a Statistical data was inconclusive except that in the returned responses, the number of abandoned vehicles as a percentage of total vehicles towed ranged from a low of less than 5% to a high of 60%. In most cases the value of abandoned vehicles was estimated at less than $100. The most consistent problems expressed by tow operators were the lack of payment for towing abandoned vehicles and the excessive amount of time abandoned vehicles are kept in storage awaiting disposition. Key Issues Of the cities who have doubts about the implementation of AB 4114 in San Diego County, there is a somewhat consistent list of concerns expressed by most. Although the City of San Diego is the key jurisdiction in the county by representing 53% of the county's incorporated population, it is not alone with its concerns. For the most part the City of San Diego's concerns are shared by other cities. The major concern expressed were: The SAFE Board established for management of the regional motorist aid system may not be the ideal choice to act as the Service Authority for this type of program. D That the cost of (or need for) the city's program be approximately equal to the amount it's citizens would be That the city would receive it's fair, or pro rata share of the money collected by the Authority. No city official interviewed was interested in taking part in a program that would use fee- based revenue raised fi-om their citizens to solve problems in another community That each jurisdiction's share of the money collected would be given to it with minimal reporting requirements, as long as AB 4114 fimds were expended for the intended purpose That any accounting and/or reporting procedures be as simple as possible and that such procedures do not materially add to the cost of the program That the cities be allowed to continue with their own programs using their own employees, and that the only change be the manner in vhich their programs are funded Another issue that was addressed by only a handfiil of cities concerns program enhancement, which was expressed as a desire or a need to establish a proactive abatement progrm. Program expansion appeared to be particularly appropriate for private property vehicle abatements, where it was felt that a latent demand existed for additional code enforcement efforts. CT assessed through the $1.00 fee per registered vehicle CL c1 c1 D 23 W 0 APPENDlXA I 8 v ABANDONED VEHICLE INTERVIEW QUESTIONNAIRE 1. 2. How does your jurisdiction define an abandoned vehicle? What ordinances concerning abandoned vehicles are currently in effect in your jurisdiction? How are they enforced? Are changes being considered? At the present time, how do you deal with the following phases of abandoned vehicle abatement in your jurisdiction on private property, public property, and streets and highways? a. Notifkation d. Storage b. Investigation e. Abatement c. Removal f. Appraisal What agencies and/or persons carry out the above abatement phases in your jurisdiction? What supervision is provided for the Investigative and Appraisal phases? Approximately how many abandoned vehicles were abated in your jurisdiction per year for 1986-1990. and for 1991 to date on private property, public property, and streets and highways? Has your jurisdiction made any estimates of the number of abandoned vehicles expected in future years? If so, this information would be useful for our Needs Assessment Report. Upon what basis was this estimate made for private property, public property, and streets and highways? *7. Is there currently a backlog of abandoned vehicles in your jurisdiction that you are unable to abate due to resource limitations? What is your estimate of the backlog extent? *8. How much are you currently spending on the removal and abatement of abandoned vehicles in we categories of StafBng, Administrative, Overhead, Equipment, Other? What is the basis for calculation of these costs? What are the source(s) of revenue for your jurisdiction's abandoned vehicle abatement program--e.g. federal funds, gasoline tax, general fund, fees, fhes, etc. 10. Are there any special procedures or policies concerning the removal and abatement of vehicles from private property as opposed to public property, e.g. law enforcement escort, etc.? 11. To your knowledge, how are the hazardous waste or s ecial vehicles currently being handled? These materials include e. ., seats, etc, 3. 4. *5. *6. *9. materials (fla connected with the abatement of aban g oned batteries, mufflers, exhaust pipes, gasoline tanks, radiators, flui cf s, A-l > e w contract Y Please provide a copy of the contract. *12. Do you resently handle towing, storage and abatement needs by 13. What are your recommendations for structuring the relationship between a Service Authority For Abandoned Vehicle Abatement What are your recommendations regarding an appropriate basis for funding assistance provided to local jurisdictions by the Service Authority For Abandoned Vehicle Abatement? * Please provide as detailed data as possible for the questions marked with an asterisk. and local jurlsdfctions? 14. A-2 I 0 APPENDIXB City of Escondido 120,000 1 10,000 100.o0O 90,000 80,000 70,000 60,OOo 5o.OOo 40,000 - City of El Cajon =,m 8o.OOo 75.000 70.000 =,OOo ~,OOo 55,000 ~,ooo -ccc--cc-c--c - City of Vista 75.000 70.000 65.ooo 60,000 55,000 50,000 45,000 40,000 35.000 30,000 25,000 ~~~~~~~~~s~~~~~~~z~~g 0) - - Cify of Carlsbad 80,000 70,000 ~,O00 5o.OOo 40,000 ~.ooo s~86~8sz8688° Ira=- 20,000 2252 zggsA!szzzzzzzzzzzzg -- - - ? e 0 m Projected AB4114 Revenue Base By City City of La Mesa Data Sources: DMV 8 SANDAG TECHPLAN Corporation B-3 City of Encinitas - National City 53,000 51 ,WO 49.OOo 47.000 45.000 43,000 41,000 39.ooo n,ooo ~~~~~~~6=~8-~8~~~68~O -~--~~~~~~~~~~~~~~~~~ - e m Projected AB4114 Revenue Base By City City of Poway Rofected Growth Trend = 237% City of San Marcos Pmjezled Growth Trend 5 5.69% Data souress: DMV 8 SANDAG TECHPLAN corporatkn B-5 W 0 Projected AB4114 Revenue Base By City City of Coronado City of Imperial Beach Data Sources: DMV & SANDAG TECHPLAN Corporatic B-6 e e Projected AB4114 Revenue Base By City City of Chula Vista ccccccc~ccccc~c~ccc~ City of Oceanside - Data sources: DMV 8. SANDAQ TECHPLAN Corporatic B-7 City of San Diego 1,120,000 1.070,OOO 1,020,000 970,000 920.000 870,000 820.000 770,000 720,000 670,000 620.000 rrrrrrrrrrrrrrrrrrrrN L Unincorporated Areas 340,000 330.000 ~.000 31 0.000 300,000 =,ofJo 280,ofJo 270,000 - w m Projected AB41 14 Revenue By County San Diego County 2.500.000 2,300,000 2,100,000 1m.000 1,700.000 1.500.000 1,300.000 Data sources: DMV & SANDAG TECHPLAN Corporation B-9 City of Del Mar - Cjfy of Lemon Grove b ~,ooo 21 ,ooo 20,000 19,Ooo 18,000 17.000 16,000 15.000 CCC-CC--CCC-C-----C-N h City of Solana Beach 17,800 11,600 11,400 11m 11,ooo 10,800 1o.m 10.400 10200 10,000 z?Z!??z? - I W m < APPENDIX C c-1 w 9 Li Y w I a != !z LL w 5 m 0 \ I- a 0 c-2 c-3 w Q c-4 ,, . , I w w I- w w I a z $ != LL W z W E g 0 C-6 c-7 C-8 - UF I- W W I [I) Y LT P I- LL W z w [I) m i= 8 .. c-9 , I m m I- W w I [r E !2 k U W Z w m .s b 0 c-10 a @ I- w w I (I) Y 0: 0 3 t u. W zw !i 8 e c-11 m e c-12 0 e + w W I v) Y U I- LL W Z B # 0" i= 0 C-13 a e I- W u1 I co Y oc g != LL w z w e ti s C-14 \ a m ts Y W I U P k U W z W m s 0 0 0 c-15 , e e w w I- w w I 9 8 3 k u. W z w m ii 0 0 i C-18 > e e l- W w I cn Y cc 0 3 != LL w 5 m c g c-19 e e *. c-20 I w c-21 , 0 w ti w I (n Y U t e i5 z 8 LL w m c-22 C-24 Ir W I- I cn Y i g s a I- w z u L m 0 0 C-25