Chapter 8.04
ABANDONED OR INOPERATIVE VEHICLES
Sections:
8.04.010 Findings—Nuisance conditions.
8.04.030 Chapter provisions not exclusive.
8.04.040 Administration and enforcement.
8.04.060 Contracts or franchises for removal.
8.04.070 Administrative cost determination.
8.04.080 Authority to remove and abate.
8.04.090 Notice to remove—Form and contents.
8.04.100 Public hearing on removal—Notice.
8.04.110 Public hearing on removal—Procedure.
8.04.130 Notice to state identifying removed vehicles.
8.04.140 Assessment of removal costs.
8.04.150 Reconstruction permitted when.
8.04.010 Findings—Nuisance conditions.
In addition to and in accordance with the determination made and the authority granted by the state under Section 22660 of the Vehicle Code to remove abandoned, wrecked, dismantled or inoperative vehicles or parts thereof as public nuisances, the board of supervisors makes the following findings and declarations:
The accumulation and storage of abandoned, wrecked, dismantled or inoperative vehicles or parts thereof on private or public property not including highways is found to create a condition tending to reduce the value of private property, to promote blight and deterioration, to invite plundering, to create fire hazards, to constitute an attractive nuisance creating a hazard to the health and safety of minors, to create a harborage for rodents and insects, and to be injurious to the health, safety and general welfare. Therefore, the presence of an abandoned, wrecked, dismantled or inoperative vehicle or parts thereof, on private or public property not including highways, except as expressly hereinafter permitted, is declared to constitute a public nuisance, which may be abated as such in accordance with the provisions of this chapter. (Ord. 339 § 1 (part), 1974)
8.04.020 Definitions.
As used in this chapter:
A. “Highway” means a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. “Highway” includes “street.”
B. “Owner of the land” means the owner of the land on which the vehicle, or parts thereof, is located, as shown on the last equalized assessment roll.
C. “Owner of the vehicle” means the last registered owner and legal owner of record.
D. “Public property” does not include “highway.”
E. “Vehicle” means a device by which any person or property may be propelled, moved or drawn upon a highway, except a device moved by human power or used exclusively upon stationary rails or tracks. (Ord. 339 § 1 (part), 1974)
8.04.030 Chapter provisions not exclusive.
This chapter is not the exclusive regulation of abandoned, wrecked, dismantled or inoperative vehicles within the unincorporated area of the county. It shall supplement and be in addition to the other regulatory codes, statutes and ordinances heretofore or hereafter enacted by the county, the state, or any other legal entity or agency having jurisdiction. (Ord. 339 § 3, 1974)
8.04.040 Administration and enforcement.
A. Except as otherwise provided herein, the provisions of this chapter shall be administered and enforced by the county sheriff.
B. In the enforcement of this chapter, such officer and his deputies may enter upon private or public property to examine a vehicle or parts thereof, or obtain information as to the identity of a vehicle (and to remove or cause the removal of a vehicle or parts thereof) declared to be a nuisance pursuant to this chapter. (Ord. 339 § 4, 1974)
8.04.050 Exemptions.
A. This chapter shall not apply to:
1. A vehicle, or parts thereof, which is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property; or
2. A vehicle, or parts thereof, which is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, licensed vehicle dealer, a junk dealer, or when such storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise.
B. Nothing in this section shall authorize the maintenance of a public or private nuisance as defined under provisions of law other than Chapter 10 (commencing with Section 22650) of Division 11 of the Vehicle Code and this chapter. (Ord. 339 § 2, 1974)
8.04.060 Contracts or franchises for removal.
When the board of supervisors has contracted with or granted a franchise to any person or persons, such person or persons shall be authorized to enter upon private property or public property to remove or cause the removal of a vehicle or parts thereof declared to be a nuisance pursuant to this chapter. (Ord. 339 § 5, 1974)
8.04.070 Administrative cost determination.
The board of supervisors shall from time to time determine and fix an amount to be assessed as administrative costs under this chapter. (Ord. 339 § 6, 1974)
8.04.080 Authority to remove and abate.
Upon discovering the existence of an abandoned, wrecked, dismantled or inoperative vehicle, or parts thereof, on private property or public property within the county, the sheriff shall have the authority to cause the abatement and removal thereof in accordance with the procedure prescribed herein. (Ord. 339 § 7, 1974)
8.04.090 Notice to remove—Form and contents.
A ten-day notice of intention to abate and remove the vehicle, or parts thereof, as a public nuisance shall be mailed by registered mail, or certified mail, to the owner of the land and to the owner of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership. The notices of intention shall be in substantially the following forms:
NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED, WRECKED, DISMANTLED, OR INOPERATIVE VEHICLE OR PARTS THEREOF AS A PUBLIC NUISANCE
(Name and address of owner of the land)
As owner shown on the last equalized assessment roll of the land located at ____________ (address), you are hereby notified that the undersigned pursuant to Ordinance No. 74-339, has determined that there exists upon said land an abandoned (or parts of an) abandoned, wrecked, dismantled or inoperative vehicle registered to __________, license number ____________, which constitutes a public nuisance pursuant to the provisions of Alpine County Ordinance No. 74-339.
You are hereby notified to abate said nuisance by removal of said vehicle, or said parts of a vehicle within 10 days from the date of mailing of this notice, and upon your failure to do so the same will be abated and removed by the County and the costs thereof, together with administrative costs, assessed to you as owner of the land on which said vehicle (or said parts of a vehicle) is located.
As owner of the land on which said vehicle (or said parts of a vehicle) is located, you are hereby notified that you may, within 10 days after the mailing of this notice of intention, request a public hearing and if such request is not received by the Board of Supervisors within such 10-day period, the Sheriff of Alpine County shall have the authority to abate and remove said vehicle (or said parts of a vehicle) as a public nuisance and assess the costs as aforesaid without a public hearing. You may submit a sworn written statement within such 10-day period denying responsibility for the presence of said vehicle (or said parts of a vehicle) on said land, with your reasons for denial, and such statement shall be construed as a request for hearing at which your presence is not required. You may appear in person at any hearing requested by you or the owner of the vehicle or, in lieu thereof, may present a sworn written statement as aforesaid in time for consideration at such hearing.
Notice mailed ___________
(date)
s/ _____________________
Sheriff of Alpine County
NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED, WRECKED, DISMANTLED, OR INOPERATIVE VEHICLE OR PARTS THEREOF AS A PUBLIC NUISANCE
(Name and address of last registered and/or legal owner of record of vehicle — notice should be given to both if different)
As last registered (and/or legal) owner of record of (description of vehicle — make, model, license, etc.), you are hereby notified that the undersigned pursuant to Ordinance No. 74-339, of the County of Alpine, has determined that said vehicle (or parts of a vehicle) exists as an abandoned, wrecked, dismantled or inoperative vehicle at (describe location on public or private property) and constitutes a public nuisance pursuant to the provisions of Ordinance No. 74-339, of Alpine County.
You are hereby notified to abate said nuisance by the removal of said vehicle (or said parts of a vehicle) within 10 days from the date of mailing of this notice.
As registered (and/or legal) owner of record of said vehicle (or said parts of a vehicle), you are hereby notified that you may, within 10 days after the mailing of this notice of intention, request a public hearing and if such a request is not received by the Alpine County Board of Supervisors within such 10-day period, the Sheriff shall have the authority to abate and remove said vehicle (or said parts of a vehicle) without a hearing.
Notice mailed _____________
(date)
s/ _______________________
(Locally designated officer)
(Ord. 339 § 8, 1974)
8.04.100 Public hearing on removal—Notice.
A. Upon request by the owner of the vehicle or owner of the land received by the sheriff within ten days after the mailing of the notices of intention to abate and remove, a public hearing shall be held by the board of supervisors on the question of abatement and removal of the vehicle or parts thereof as an abandoned, wrecked, dismantled or inoperative vehicle, and the assessment of the administrative costs and the cost of removal of the vehicle or parts thereof against the property on which it is located.
B. If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle on his land within such ten-day period, such statement shall be construed as a request for a hearing which does not require his presence. Notice of the hearing shall be mailed, by registered mail or certified mail, at least ten days before the hearing, to the owner of the land and to the owner of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership.
C. If such a request for hearing is not received within the ten days after mailing of the notice of intention to abate and remove, the county shall have the authority to abate and remove the vehicle or parts thereof as a public nuisance without holding a public hearing. (Ord. 339 § 9, 1974)
8.04.110 Public hearing on removal—Procedure.
A. All hearings under this chapter shall be held before the board of supervisors, which shall hear all facts and testimony it deems pertinent. Such facts and testimony may include testimony on the condition of the vehicle or parts thereof, and the circumstances concerning its location on the said private property or public property. The board of supervisors shall not be limited by the technical rules of evidence. The owner of the land may appear in person at the hearing or present a sworn written statement in time for consideration at the hearing, and deny responsibility for the presence of the vehicle on the land, with his reasons for such denial.
B. The board of supervisors may impose such conditions and take such other action as it deems appropriate under the circumstances to carry out the purpose of this chapter. It may delay the time for removal of the vehicle or parts thereof if, in its opinion, the circumstances justify it. At the conclusion of the public hearing, the board of supervisors may find that a vehicle or parts thereof has been abandoned, wrecked, dismantled, or is inoperative on private or public property and order the same removed from the property as a public nuisance and disposed of as hereinafter provided, and determine the administrative costs and the cost of removal to be charged against the owner of the land. The order requiring removal shall include a description of the vehicle or parts thereof and the correct identification number and license number of the vehicle, if available at the site.
C. If it is determined at the hearing that the vehicle was placed on the land without the consent of the owner of the land and that he has not subsequently acquiesced in its presence, the board of supervisors shall not assess the costs of administration or removal of the vehicle against the property upon which the vehicle is located or otherwise attempt to collect such costs from such owner of the land.
D. If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle on his land but does not appear, or if an interested party makes a written presentation to the board of supervisors but does not appear, he shall be notified in writing of the decision.
E. Such appeal shall be heard by the board of supervisors, which may affirm, amend or reverse the order, or take other action deemed appropriate.
F. The clerk shall give written notice of the time and place of the hearing to the appellant and those persons specified in Section 8.04.090.
G. In conducting the hearing, the board of supervisors shall not be limited by the technical rules of evidence. (Ord. 339 § 10, 1974)
8.04.120 Removal of vehicles.
Five days after adoption of the order declaring the vehicle or parts thereof to be a public nuisance, five days from the date of mailing of notice of the decision if such notice is required by Section 8.04.110, or fifteen days after such action of the governing body authorizing removal following appeal, the vehicle or parts thereof may be disposed of by removal to a scrapyard or automobile dismantler’s yard. After a vehicle has been removed, it shall not thereafter be reconstructed or made operable. (Ord. 339 § 11, 1974)
8.04.130 Notice to state identifying removed vehicles.
Within five days after the date of removal of the vehicle or parts thereof, notice shall be given to the Department of Motor Vehicles identifying the vehicle or parts thereof removed. At the same time there shall be transmitted to the Department of Motor Vehicles any evidence of registration available, including registration certificates, certificates of title, and license plates. (Ord. 339 § 12, 1974)
8.04.140 Assessment of removal costs.
If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to Section 8.04.110 are not paid within thirty days of the date of the order, or the final disposition of an appeal therefrom, such costs shall be assessed against the parcel of land pursuant to Section 25845 of the Government Code and shall be transmitted to the tax collector for collection. Such assessment shall have the same priority as other county taxes. (Ord. 339 § 13, 1974)
8.04.150 Reconstruction permitted when.
After a vehicle has been removed, pursuant to the provisions of this chapter, it shall not be reconstructed or made operable unless it is a vehicle that qualifies for either horseless carriage license plates or historical vehicle license plates, pursuant to California Vehicle Code Section 5004, in which case the vehicle may be reconstructed or made operable. (Ord. 573 § 1, 1995)