Title 15 VEHICLES AND TRAFFIC
Chapter 15.80 ABANDONED OR INOPERATIVE VEHICLES[27]
15.80.010 Vehicles deemed public nuisance when--Statutory authority.
15.80.020 Definitions.
15.80.030 Chapter provisions not exclusive.
15.80.040 Exceptions to chapter applicability.
15.80.050 Administration and enforcement--Right of entry.
15.80.060 Abatement and removal authority.
15.80.070 Notice of intention to abate required when--Contents.
15.80.080 Hearing on removal--Conditions--Not required when.
15.80.090 Hearing on removal--Conduct--Road commissioner decision.
15.80.100 Notice of removal--Required.
15.80.110 Notice of removal--Appeal to board of supervisors.
15.80.120 Notice of removal--Board action on appeals.
15.80.130 Costs not assessed against owner of land.
15.80.140 Abatement--Removal to scrapyard or other location--Reconstruction limitations.
15.80.150 Abatement--Notice to Department of Motor Vehicles.
15.80.010 Vehicles deemed public nuisance when--Statutory authority.
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 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 in
this chapter, is declared to constitute a public nuisance which may be abated as
such in accordance with the provisions of this chapter. (Ord. 11499 § 1
(part), 1977: Ord. 6544 Ch. 10 Art. 1 § 10101, 1954.)
15.80.020 Definitions.
As used in this chapter:
A. “Owner of land” means
the owner of the land on which the vehicle, or parts thereof, is located, as
shown on the last equalized assessment roll.
B. “Owner of
vehicle” means the last registered owner and legal owner of
record.
C. “Public property” does not include
“highway.” (Ord. 11499 § 1 (part), 1977: Ord. 6544 Ch. 10 Art.
2 §§ 10201--10203, 1954.)
15.80.030 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. 11499 § 1 (part),
1977: Ord. 6544 Ch. 10 Art. 3 § 10301, 1954.)
15.80.040 Exceptions to chapter 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 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.
C. 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. 11499 § 1 (part), 1977: Ord. 6544 Ch.
10 Art. 1 § 10102, 1954.)
15.80.050 Administration and enforcement--Right of entry.
Except as otherwise provided herein, the provisions of this chapter
shall be administered and enforced by the California Highway Patrol pursuant to
Section 22665 of the California Vehicle Code. In the enforcement of this
chapter, an officer of the Patrol or any other duly authorized representative
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. 11499 § 1 (part), 1977: Ord. 6544 Ch. 10 Art. 3 §
10302, 1954.)
15.80.060 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 California Highway Patrol shall have the authority to
cause the abatement and removal thereof in accordance with the procedure
prescribed herein. (Ord. 11499 § 1 (part), 1977: Ord. 6544 Ch. 10 Art. 3
§ 10303, 1954.)
15.80.070 Notice of intention to abate required when--Contents.
A. A 10-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:
1. The
vehicle is in such condition that identification numbers are not available to
determine ownership; or
2. The property owner and the owner of the vehicle
have signed releases authorizing removal and waiving further interest in the
vehicle or part thereof.
B. Such notice shall contain a statement of the
hearing rights of the owner of the property on which the vehicle is located and
of the owner of the vehicle. The statement shall include notice to the property
owner that he may appear in person at a hearing or may submit a sworn written
statement denying responsibility for the presence of the vehicle on the land,
with his reasons for such denial, in lieu of appearing. (Ord. 11499 § 1
(part), 1977: Ord. 6544 Ch. 10 Art. 4 § 10401, 1954.)
15.80.080 Hearing on removal--Conditions--Not required when.
A. Within 10 days from the mailing date of the notice of intention to
abate and remove, the owner of the vehicle or the owner of the land receiving
such notice may request a public hearing to be held by the road commissioner or
his designate on the question of abatement and removal of the vehicle or parts
thereof as an abandoned, wrecked, dismantled or inoperative vehicle. If the
owner of the land submits a sworn written statement denying responsibility for
the presence of the vehicle on his land without such 10-day period, said
statement shall be construed as a request for a hearing which does not require
his presence.
B. Notice of the hearing shall be mailed, by registered or
certified mail, at least 10 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 10 days after mailing of the
notice of intention to abate and remove, the appropriate public body, agency or
officer shall have the authority to remove the vehicle or parts thereof as a
public nuisance without holding a public hearing. (Ord. 11499 § 1 (part),
1977: Ord. 6544 Ch. 10 Art. 4 § 10402, 1954.)
15.80.090 Hearing on removal--Conduct--Road commissioner decision.
A. At the time set for hearing or at the date to which the hearing may be
continued, the road commissioner or his designate shall hear the facts and
testimony presented at the hearing. The owner of the land may appear in person
at the hearing, or present a sworn written statement at the time of hearing
denying responsibility for the presence of the vehicle on the land, with his
reasons for denial.
B. At the conclusion of the hearings, or at any time
within 30 days thereafter, the road commissioner or his designate shall
determine, from the facts produced at the hearing, whether the vehicle or parts
thereof should be abated and removed as a public nuisance, and shall make his
order accordingly. He may impose such conditions and take such other action as
he deems appropriate under the circumstances and may delay the time for removal
of the vehicle or parts thereof if, in his opinion, the circumstances justify
it. (Ord. 11499 § 1 (part), 1977: Ord. 6544 Ch. 10 Art. 4 § 10403,
1954.)
15.80.100 Notice of removal--Required.
The road commissioner, or his designate, shall notify the owner of
the land, the owner of the vehicle and the California Highway Patrol by
registered or certified mail of the decision and order. (Ord. 11499 § 1
(part), 1977: Ord. 6544 Ch. 10 Art. 4 § 10404, 1954.)
15.80.110 Notice of removal--Appeal to board of supervisors.
Any owner of the property or owner of the vehicle may, within 10
days after mailing of the notice of decision and order, appeal such decision to
the board of supervisors. The appeal shall be in writing, shall state the legal
and factual basis upon which the appeal is to be based, and shall be filed with
the road commissioner. The road commissioner shall forward the appeal, together
with a copy of the decision and order, to the clerk of the board of supervisors.
(Ord. 11499 § 1 (part), 1977: Ord. 6544 Ch. 10 Art. 4 § 10405,
1954.)
15.80.120 Notice of removal--Board action on appeals.
Upon receipt of the appeal and decision and order, the board of
supervisors may take any one of the following actions:
A. Approve the
decision and order;
B. Refer the matter back to the road commissioner with
or without instructions;
C. Set the matter for public hearing before itself;
such public hearing shall be held de novo as if no hearing previously had been
held. (Ord. 11499 § 1 (part), 1977: Ord. 6544 Ch. 10 Art. 4 § 10406,
1954.)
15.80.130 Costs not assessed against owner of land.
Costs of administration of this chapter or costs of removal of the
vehicle or parts thereof shall not be assessed against the owner of the land.
(Ord. 11499 § 1 (part), 1977: Ord. 6544 Ch. 10 Art. 4 § 10407,
1954.)
15.80.140 Abatement--Removal to scrapyard or other location--Reconstruction limitations.
Five days after adoption of an order declaring the vehicle or parts
thereof to be a public nuisance and ordering the abatement and removal thereof,
or if a hearing has been requested, 10 days from the date of mailing of notice
of the decision and order, or if an appeal to the board of supervisors has been
made, 10 days after a final decision authorizing and ordering removal, the
vehicle or parts thereof may be disposed of by removal to a scrapyard or
licensed automobile dismantler’s yard, or to any other location as
provided in Section 22662 of the Vehicle Code. After a vehicle has been so
removed, it shall not thereafter be reconstructed or made operable unless it is
a vehicle which qualifies for either horseless carriage license plates or
historical vehicle license plates, pursuant to Section 5004 of the Vehicle Code.
(Ord. 11499 § 1 (part), 1977: Ord. 6544 Ch. 10 Art. 4 § 10501,
1954.)
15.80.150 Abatement--Notice to Department of Motor Vehicles.
Within five days after the date of removal of the vehicle or parts
thereof, notice shall be given by the California Highway Patrol to the
Department of Motor Vehicles identifying the vehicle or parts thereof removed.
Said notice shall also include any evidence of registration available, including
but not limited to registration certificates, certificates of ownership and
license plates. (Ord. 11499 § 1 (part), 1977: Ord. 6544 Ch. 10 Art. 4
§ 10502, 1954.)
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