HomeMy WebLinkAbout042-2015RESOLUTION NO. 42-2015
DENYING THE APPEAL OF FRANK HOWARD AND AFFIRMING THE ORDER
TO REMOVE INOPERABLE VEHICLES FROM 376 W. LINDA MESA (OWNER:
ESTATE OF SYBIL J. HOWARD TRUST APN 199 280 006)
WHEREAS, Section 4-7 of the Danville Municipal Code and the California Vehicle Code
authorize the Town of Danville to remove abandoned and inoperable vehicles from
private property; and
WHEREAS, acting pursuant to Section 4-7, the Town has identified a number of
abandoned and inoperable vehicles on the property at 376 W. Linda Mesa Avenue; and
WHEREAS, on February 24, 2015, the Town's hearing officer conducted a hearing at the
Danville Police Station for the purpose of reviewing any evidence regarding the status of
the vehicles at 376 W. Linda Mesa. During three inspections of the property on
November 24, 2014, December 16, 2014, and January 7, 2015, the vehicles listed in Exhibit
1 were determined to be inoperable. Mr. Frank Howard was provided the opportunity
on multiple occasions to prove the vehicles were operable during the inspections, but was
unable to provide proof stating they needed work to make them operate; and
WHEREAS, at the conclusion of the hearing, the hearing officer determined based upon
all evidence presented that all of the remaining vehicles were in fact inoperable. These
findings were the basis for the hearing officer's written decision; and
WHEREAS, the owner of the vehicles, Frank Howard, appealed the hearing officer's
decision in a timely manner; and
WHEREAS, on May 19, 2015, the Danville Town Council conducted a public hearing to
consider Frank Howard's appeal. During the hearing the Town Council heard and
considered all written evidence, including the staff report and all attachments thereto,
and oral testimony regarding the vehicles in question; now, therefore, be it
RESOLVED, that based upon consideration of all the evidence in the record, the Danville
Town Council denies the appeal of Frank Howard and affirms the order to remove the
inoperable vehicles at 376 W. Linda Mesa Avenue based upon the following findings:
1. The vehicles described and identified in Exhibit 1 attached to this resolution and
incorporated herein by this reference, are inoperable and subject to abatement
pursuant to Section 4-7 of the Danville Municipal Code.
2. The property owner, registered owner, and stated owner of the vehicles were
provided with all required notices and hearing rights required by Section 4-7; and,
be it further
RESOLVED, that pursuant to Section 4-7.11 of the Danville Municipal Code, Town Staff
and any necessary contractors are hereby directed to take all necessary steps to remove
and dispose of vehicles described in Exhibit 1 and to maintain a record of all costs
incurred in such removal so that such costs may be charged to the property owner.
APPROVED by the Danville Town Council at a regular meeting on May 19, 2015 by the
following vote:
AYES: Doyle, Stepper, Arnerich, Morgan, Storer
NOES: None
ABSTAINED: None
ABSENT: None
A OVED AS TO FORM:
CITY ATTORNEY
'%A�4YOR
ATTEST:
CITY CLERK
1