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HomeMy WebLinkAbout2003-055 - Reject Assembly Bill 789RESOLUTION NO. 2003-055 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA URGING THE CALIFORNIA LEGISLATURE TO REJECT ASSEMBLY BILL 789 (MOUNT JOY) TO REDUCE THE ABILITY OF CITIES AND COUNTIES TO REMOVE ABANDONED VEHICLES FROM PRIVATE PROPERTY bk:5/27/03 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: The City's community preservation efforts are focused on ensuring safe, orderly and aesthetically pleasing neighborhoods and commercial areas. Code enforcement officers annually address numerous complaints relating to abandoned vehicles, improper storage of inoperable vehicles, and vehicle repair businesses operated under the guise of car "hobbyists." These uses of residential property create urban blight by contributing to rodent infestation, hazardous oil spills and the accumulation of debris. The City Council has found that these abandoned vehicles, if not fully enclosed within a building, constitute a public nuisance. Section 22661 of the California Vehicle Code authorizes cities and counties to adopt ordinances to prevent a public nuisance by the abatement of abandoned vehicles on public and private property. This state law is designed to ensure that due process is provided to the vehicle's owner, by requiring pre-abatement notice and, in proper circumstances, a public hearing. The law permits cities and counties to abate as a public nuisance abandoned vehicles located on private property when the vehicle is readily visible from the street or from a neighbor's private property. Introduced by Assembly Member Dennis L. Mountjoy on February 20, 2003, Assembly Bill 789 would amend this section of the California Vehicle Code to limit the ability of cities and counties to abate the public nuisance caused by abandoned vehicles on private property. According to the Committee Report to the Assembly Committee on Appropriations, the bill's sponsor, "Automotive Aftermarket Services, wants to immunize persons who store old cars out in the open generally in their backyards from the sanctions imposed under local abandoned vehicle abatement ordinances." Under current law, an abandoned vehicle on private property is subject to abatement unless it is completely enclosed within a building in conformance Resolution No. 2003-055 Page 1 of 3 with all laws. As the Committee Report to the Assembly Committee on Appropriates states, AB 789 still "requires the vehicle to be hidden from view from the street to satisfy the exemption but it could still be readily visible from adjacent or other properties" AB 789 has passed the Assembly Committee on Transportation by a 12-4 vote. The bill has received over 100 letters of support, which include support from approximately 3 0 auto parts businesses, body shops and tire stores. As of April 21, 2003, only the City of Concord has opposed this bill. Section 2. The City Council of the City of Santa Aha hereby urges the California Legislature to reject Assembly Bill 789 (Mountjoy) and to protect the residents of the State from having to live next door to a public nuisance. If approved, the City Council urges the Governor of the State of California to veto the bill for the reasons stated herein. Section 3. This Resolution shall take effect immediately after its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this 2nd of June 2003. APPROVED AS TO FORM: Joseph W. Fletcher, 2,ity Attorney B~njami~l~auf~{t Chief AsSistant C~ AYES: NOES: ABSENT: ABSTAIN: Attorney Councilmembers: Councilmembers: Councilmembers: Councilmembers: Alvarez, Bist, Christy, Garcia, Pulido, Solorio (6) None (0) Franklin (1) None (0) Resolution No. 2003-055 Page 2 of 3 CERTIFICATION OF ATTESTATION AND ORIGINALITY I, PATRIClA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2003-055 to be the original resolution adopted by the City Council of the City of Santa Ana on June 2, 2003. / ~//'/~ -'~-~-Clerk Of~~ Date: City of Santa Ana Resolution No. 2003-055 Page 3 of 3