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
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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
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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
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