Description
- 4 parked vehicles have not moved since they arrived. approximately 1-2 years ago.
- 2 of the 4 vehicles are leaking fluid onto the ground.
- Plants have started growing into and around vehicles.
- I and other neighbors have asked owners at 676 Charleston to move vehicles. They oblige request but vehicles remain.
- I am concerned for my child and the other kids in the neighborhood who play on the street near the cars they may accidentally get into what looks like radiator fluid on the ground.
The license plates of the vehicles are the following: 3MIT512
4E72970
7HYR509
2Z37529
17 Comments
Poh (Registered User)
Karen (Registered User)
Acknowledged Matthew W (Verified Official)
Thank you for the inquiry. We'll check on the location. Being on a private road with the roadway being part of a number of separate private properties may complicate enforcement.
Is there a HOA for this development?
An anonymous SeeClickFix user (Registered User)
An anonymous SeeClickFix user (Registered User)
Karen (Registered User)
More importantly, in the event of a fire, a fire truck would NOT be able to reach the houses at the back of the court due to these immobile cars blocking the lane.
On the weekends, there are multiple cars (at the same residence) blocking the entire front section of the court due to the lack of available parking spaces along the side of the court.
Private street or no, one house out of the 8 on the court should not be allowed to take up most of the court with their accumulated, unusable vehicles. Several of us have asked these neighbors repeatedly to remove these cars to no avail. Assistance from the city code enforcement team would be very much appreciated.
Matthew W (Verified Official)
Thank you for the comment. Per discussions with the residents of one of the properties which owns this section of the lane, the 4 vehicles do not belong to the reported address. One of the 4 noted vehicles was moved last week, this demonstrates operability, which is the only issue the City can enforce upon these vehicles. The responsible for 2 of the other vehicles is working on arranging for the vehicles to move from their present location while the last vehicle's owner is out of state. Neighbors have been assisting us in trying to reach them over this issue.
The location is not marked or posted as a fire lane, as such, the area is open to the parking of vehicles. As its a legal parking area, the City cannot force the owners of the vehicles to remove them for the weekly trash pickup.
Poh (Registered User)
Thank you, Matthew W, for helping with this.
According to the Walnut Creek police dept regarding abandoned vehicles
(https://www.walnut-creek.org/departments/public-safety/police/online-crime-reporting/make-an-online-report) —
“(WCMC 3-5.1005 - Storing Vehicles on Streets. No person who owns or has possession, custody or control of any vehicle shall park such vehicle upon any street or alley for more than a consecutive period of seventy-two hours. (§1, Ord. 1338, eff. February 2, 1978)”
The street of Charleston Ct does not belong to any private person and I need convincing that the street qualifies as a non-public and in fact private road. It is a street that is available to public use for as long it has existed. In my mind, it is one of “any street or alley” which should not be used for vehicle storage for a consecutive period of 72 hours. The owners of these vehicles don’t even live on Charleston Ct. Sounds like vehicle abandonment to me...
Matthew W (Verified Official)
An anonymous SeeClickFix user (Registered User)
An anonymous SeeClickFix user (Registered User)
Matthew W (Verified Official)
Vehicles leaking fluid or storm drain run off issues are handled by staff in the Clean Water Program at Public Works. I have forwarded your concerns to their staff to see if they are interested in performing a site visit.
A vehicle leaking fluid is not demonstrable inoperability. As the vehicle code's 72 hour parking regulation is only administered on public streets, the vehicle owners are under no legal duty to move their vehicle on a regular basis. If the vehicle is operable, it may remain on the private property.
Charleston Ct is not a public street or alley or any form of a publicly maintained roadway. Its a private street. Private streets can be created one of many different ways. This roadway is divided up between multiple properties along its run. Your sales paperwork for the purchase of your property should have a Parcel Map of the area which would show you the approximate property lines of the nearby parcels which will also be demonstrated across the Charleston Ct roadway as well. If you cannot find this document, you may contact the County Recorder's Office in order to obtain a copy. The City holds no maintenance or upkeep duties on private roads.
You may also review the possibility of a private nuisance lawsuit against the property owner. I would suggest contacting Bay Area Legal Aid to review what is needed for this process. LEGAL ADVICE LINE 800-551-5554.
An anonymous SeeClickFix user (Registered User)
Thank you so much Matthew for the quick reply and helpful insight.
I will check into your recommendations.
An anonymous SeeClickFix user (Registered User)
Matthew W (Verified Official)
An anonymous SeeClickFix user (Registered User)
Matthew W (Verified Official)