HomeMy WebLinkAbout05/17/2005, C8 - RESOLUTION REGARDING DESIGNATION OF VEHICLE ABATEMENT HEARING OFFICER councit MA� -;;
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CITY OF SAN LUIS OBISPO
FROM: Deborah Linden, Police Chief
Prepared By: J. Christine Dietrick, Assistant City Attorney
SUBJECT: RESOLUTION REGARDING DESIGNATION OF VEHICLE ABATEMENT
HEARING OFFICER
CAO RECOMMENDATION
Adopt a resolution designating the City Administrative Officer or his/her designee as hearing
officer for hearings requested on public nuisance' vehicle abatement notices pursuant to
Municipal Code Section 10.68.
DISCUSSION
Section 10.68, in accordance with the California Vehicle Code Section 22660, provides authority
for the Police Department to remove from private property "...abandoned, wrecked, dismantled
or inoperative vehicles, or parts thereof..., which are deemed to constitute public nuisances."
Pursuant to Municipal Code Section 10.68.090, persons served with a notice of vehicle
abatement may request a hearing in order to present evidence regarding the condition, location or
circumstances surrounding the subject property and the costs of removal and disposal. Section
10.68.090.A further provides that"[a]ll hearings requested under this chapter shall be held before
the council, or any person they may designate to hear the matter..." Section 10.68.090.B
provides that "[t]he hearing shall commence within twenty days of the filing of a written request,
and it may be continued from time to time."
Staff has reviewed the history of Chapter 10.68 and finds no prior resolution designating a
hearing officer for vehicle abatement matters. The Police Department is receiving an increased
volume of complaints requesting public nuisance vehicle abatement and, as a result, expects to be
receiving an increased number of requests for hearing on such matters. Given the time
constraints set forth in Chapter 10.68 and the increasing frequency with which these complaints
seem to be occurring, staff requests that Council designate a staff member to hear evidence in
matters in which a hearing is requested, so that such matters may be heard expeditiously and
without the need to agendize a full council hearing in the first instance.
The Police Department is currently in the process of revising its departmental vehicle abatement
procedures and proposes that the Traffic Safety Unit Supervisor would be the most logical choice
to serve as a hearing officer in these matters, as that officer will be familiar with the requirements
of the vehicle code and best able to analyze relevant evidence within that framework. However,
because an individual officer may be unavailable to hear such matters from time to time, either
by virtue of a scheduling conflict or a conflict of interest, staff requests that Council designate the
City Administrative Officer or his/her designee to hear the matters. The City Administrative
Officer may then designate the Traffic Safety Unit Supervisor to hear the matters in the normal
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Public Nuisance Vehicle Abatement Hearing Officer Designation Page 2
course, but will retain the authority to hear the matters himself/herself or to designate an alternate
hearing officer when circumstances so demand.
FISCAL IMPACT
Staff anticipates that there will be some increased staff time associated with the designation of
the CAO or a departmental representative as hearing officer. However, given that these hearings
historically have been infrequent and likely will not occur with any regularity, the precise amount
of staff time that will be expended is difficult to estimate. Such additional staff time is not
expected to be significant.
ALTERNATIVES
1. Maintain the current procedure for vehicle abatement hearing requests, under which the
Council is the designated hearing body for vehicle abatement matters. Staff does not recommend
this option in light of the time frame for hearing required under Chapter 10.68 and the difficulty
in agendizing a council hearing within that time frame.
2. Designate a specific staff member as the hearing officer for vehicle abatement matters. This
option is also not recommended because it would require presentation of these matters to Council
prior to scheduling a hearing in the event that the designated individual is unavailable for a
particular hearing within the specified timeframe.
ATTACI IMENT
Attachmentl - Resolution
G:\Agenda-Ordinances-Resol\Agenda Report.Vehicle Abatement Hearing Officer Reso.05.4.18.DOC
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RESOLUTION NO. (2005 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
DESIGNATING THE CITY ADMINISTRATIVE OFFICER OR HIS/HER DESIGNEE
AS HEARING OFFICER FOR HEARINGS ON NOTICES OF PUBLIC NUISANCE
VEHICLE ABATEMENT REQUESTED PURSUANT TO CHAPTER 10.68 OF THE
SAN LUIS OBISPO MUNICIPAL CODE
WHEREAS, San Luis Obispo Municipal Code, Chapter 10.68 provides that all hearings
under that chapter shall be held before council, or any person it may designate to hear the matter; and
WHEREAS, Council desires to have such matters heard by a City hearing officer, rather
than by the full Council; and
WHEREAS,Council has not previously designated a hearing officer to hear public nuisance
vehicle abatement matters.
NOW,THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
to adopt a resolution designating the City Administrative Officer, or his/her designee, as hearing
officer for hearings on notices of public nuisance vehicle abatement requested pursuant to
chapter 10.68 of the San Luis Obispo Municipal Code.
Upon motion of seconded by
and on the following vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this day of 2005.
Mayor David F. Romero
ATTEST:
Audrey Hooper
City Clerk
APPROVED AS TO FORM:
J nath . Lowell
City Attorney �} 2
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