HomeMy WebLinkAbout1991-09-24; City Council; 11364; ABANDONED VEHICLE ABATEMENT PROGRAM AND PLANL ;'
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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.
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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,
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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
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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
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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:
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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
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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.
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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.
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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
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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
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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
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10.1.2 Repayment of Loan. ..............................
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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
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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
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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
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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
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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.
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Citizens
PD Patrol
Voluntary
Com pli ance
Dispose Of
Vehicle
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Dismantler 4 + Lien Sale
(Value < $300)
5
Citizens b
Proactive b
Complaint
Processing -
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Investigate
Property LEGEND
------- Voluntary
4- - - - - - - - - . Compliance
Send
Required
Notices
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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
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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
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Table 2
SAN DIEGO VEHICLE ABATEMENT SERVICE AUTHORITY
PROJECTED AVA PRO-RATA SHARE BY JURlSDlCTlON , '
SOURCE: SANDAQ DATA ON 1990 CENSUS
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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.
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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
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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
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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
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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.
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APPENDlXA
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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
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(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
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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
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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
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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
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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.
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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APPENDIBC
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APPENDED
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APPENDIXE
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APPENDIXF
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APPENDIXG
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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
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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
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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
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APPENDIXH
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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
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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
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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
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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
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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.
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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
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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
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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[.;]
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Send
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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
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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
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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
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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
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P
0
P The number of vehicles stored and not claimed
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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
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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
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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 -- - -
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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
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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
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