Chapter 12B
ABANDONED, WRECKED, DISMANTLED OR INOPERATIVE VEHICLES
Sections:
12B-1. Findings and declarations.
12B-2. Interpretation of chapter.
12B-5. Administration and enforcement.
12B-7. Abatement and removal – Authority.
12B-8. Abatement and removal – Owner notification.
12B-9. Abatement and removal – Hearing.
12B-10. Abatement and removal – Hearing decision by sheriff.
12B-11. Abatement and removal – Appeal from decision of sheriff.
12B-12. Removal and disposal of vehicle or parts.
12B-13. Property entry by persons authorized to remove vehicle or parts.
12B-14. Abatement and removal – Notification of Department of Motor Vehicles.
12B-15. Abatement and removal – Collection of assessed costs.
12B-1 Findings and declarations.
In addition to and in accordance with the determination made and the authority granted by the State of California 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 hereby 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 hereby 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 hereby declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this chapter. (Ord. No. 370, § 1 (part).)
12B-2 Interpretation of chapter.
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. No. 370, § 3.)
12B-3 Applicability.
This chapter shall not apply to:
(a) 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
(b) A vehicle or part thereof which is completely enclosed behind a solid six-foot fence in lawful manner where it is not visible from the street or other public or private properties; or
(c) 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.
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. No. 370, § 1 (part).)
12B-4 Definitions.
As used in this chapter:
(a) Highway. “Highway” means a way or place of whatever nature, publicly maintained and open to the use of the public for purpose of vehicular travel. Highway includes street.
(b) Owner of the land. “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. “Owner of the vehicle” means the last registered owner and legal owner of record.
(d) Public property. “Public property” does not include highway.
(e) Vehicle. “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. No. 370, § 1 (part).)
12B-5 Administration and enforcement.
Except as otherwise provided herein, the provisions of this chapter shall be administered and enforced by the sheriff or his designated representative. When it has been brought to the attention of the sheriff or his deputies that there exists a public nuisance on private property as defined by this chapter, the sheriff or his designated representative shall immediately institute those proceedings and undertake those actions authorized by this chapter for the abatement of such public nuisance, and the sheriff or his designated representative may enter upon private property to examine a vehicle or part 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. No. 595 (part).)
12B-6 Administrative costs.
The board of supervisors shall from time to time determine and fix an amount to be assessed as administrative costs under this chapter. (Ord. No. 370, § 6.)
12B-7 Abatement and removal – Authority.
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 or his designated deputies shall have the authority to cause the abatement and removal thereof in accordance with the procedure prescribed herein. (Ord. No. 370, § 7.)
12B-8 Abatement and removal – Owner notification.
A ten-day notice of intention to abate and remove the vehicle, or parts thereof, as a public nuisance shall be mailed by registered 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 notice of intention to the landowner shall be in substantially the same form shown in Exhibit A, attached to the ordinance codified in this section, of this chapter. The notice of intention to the vehicle owner shall be in substantially the same form as shown in Exhibit B, attached to the ordinance codified in this section, of this chapter. (Ord. No. 370, § 8; Ord. No. 595 (part); Ord. No. 603 (part).)
12B-9 Abatement and removal – Hearing.
The owner of the vehicle or the owner of the land who has received a notice of intention to abate and remove shall be entitled to a public hearing held by the sheriff or his/her designee on the question of abatement and removal of the vehicle or parts thereof as an abandoned, wrecked, dismantled or inoperative vehicle. The request for hearing must be received by the sheriff within ten days of the mailing of the notice of intention to abate and remove. The assessment of the administrative costs and the costs of removal of the vehicle or parts thereof may be assessed against the property on which it is located.
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, said statement shall be construed as a request for a hearing which does not require his presence. Notice of hearing shall be mailed, by registered 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. If such a request for hearing is not received within said 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. No. 370, § 9; Ord. No. 603 (part).)
12B-10 Abatement and removal – Hearing decision by sheriff.
All hearings under this chapter shall be held before the sheriff, or his/her designee, who shall hear all facts and testimony deemed pertinent. Said 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 sheriff 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.
The sheriff may impose such conditions and take such other action as he deems appropriate under the circumstances to carry out the purpose of this chapter. He may delay the time for removal of the vehicle or parts thereof if, in his opinion, the circumstances justify it. At the conclusion of the public hearing, the sheriff may find that a vehicle or parts thereof has been abandoned, wrecked, dismantled, or is inoperative on private property 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 which may 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.
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 sheriff 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.
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 sheriff but does not appear, he shall be notified in writing of the decision. (Ord. No. 370, § 10; Ord. No. 603 (part).)
12B-11 Abatement and removal – Appeal from decision of sheriff.
Any party to the action may appeal the decision of the sheriff or his designee by filing a written notice of appeal with the county clerk within ten days after the decision.
Such appeal shall be heard by the board of supervisors which may affirm, amend or reverse the order or take other action deemed appropriate.
The clerk shall give written notice of the time and place of the hearing to the appellant and those persons specified in section 12B-8.
In conducting the hearing the board of supervisors shall not be limited by the technical rules of evidence. (Ord. No. 370, § 11; Ord. No. 595 (part).)
12B-12 Removal and disposal of vehicle or parts.
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 12B-10, 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. No. 370, § 12.)
12B-13 Property entry by persons authorized to remove vehicle or parts.
When the board of supervisors had contracted 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. No. 370, § 5.)
12B-14 Abatement and removal – Notification of Department of Motor 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. No. 370, § 13.)
12B-15 Abatement and removal – Collection of assessed costs.
If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to section 12B-10 are not paid within thirty days of the date of the order, or the final disposition of an appeal therefrom, such costs may 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. Said assessment shall have the same priority as other county taxes. (Ord. No. 370, § 14.)