Sec. 18-4. - Findings and declarations.

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 of the county hereby make 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 part 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 article.

(Ord. No. 1176 § 1.)

Sec. 18-5. - Definitions.

For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:

County abandoned vehicle hearing officer. The county abandoned vehicle hearing officer shall be that person designated by the Board of Supervisors by resolution.

Highway. A way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. The term includes street.

Public property. The term does not include "highway."

Vehicle. 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. 1806 § 1.)

Sec. 18-6. - Authority to enter property.

The county zoning enforcement officer, or any person authorized by him, 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 article.

(Ord. No. 1806 § 2.)

Sec. 18-7. - Administrative costs.

The county abandoned vehicle hearing officer shall from time to time determine and fix and amount to be assessed as administrative costs and removal costs under this article.

(Ord. No. 1806 § 3.)

Sec. 18-8. - Required notices.

Not less than a ten day notice of intention to abate and remove a vehicle or part thereof as a public nuisance shall be required prior to abatement and removal. Such notice shall contain a statement of the hearing rights of the owner of the property on which the vehicle is located and 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 present a sworn written statement denying responsibility for the presence of the vehicle of the land, with his reasons for such denial, in lieu of appearing. The notice of intention to abate shall be mailed, by registered or certified mail, to the owner of the land as shown on the last equalized assessment roll and to the last registered and legal owner of record unless the vehicle is in such condition that identification numbers are not available to determine ownership.

(Ord. No. 1806 § 4.)

Sec. 18-9. - Hearing—Notice to owner.

A public hearing shall be held on the question of abatement and removal of the vehicle or part 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 part thereof against the property on which it is located if (1) a written request for such a hearing is made by the owner of the vehicle or the owner of the land upon which the vehicle was located to the Sonoma County zoning enforcement officer and (2) such written request is made within ten days after the mailing of notice of intention to abate and remove the vehicle. Notice of hearing shall be mailed at least ten days before the hearing by certified mail, with a five-day return requested, to the owner of the land as shown on the last equalized county assessment roil and to the last registered and legal owner of record unless the vehicle is in such condition that identification numbers are not available to determine ownership.

(Ord. No. 1806 § 5.)

Sec. 18-10. - Same—County abandoned vehicle hearing officer to hear facts and testimony, impose conditions, etc.

All hearing under this article shall be held before the county abandoned vehicle hearing officer who shall hear all facts and testimony he deems pertinent. Such facts and testimony may include testimony on the condition of the vehicle or part thereof and the circumstances concerning its location on private property or public property. The abandoned vehicle hearing officer shall not be limited by the technical rules of evidence. The owner of the land on which the vehicle is located may appear in person at the hearing or present a written statement for consideration at the hearing, and deny responsibility for the presence of the vehicle on the land, with his reasons for such denial.

The abandoned vehicle hearing officer may impose such conditions and take such other action as he deems appropriate, under the circumstances to carry out the purpose of this article. He may delay the time for removal of the vehicle or part thereof if, in his opinion, the circumstances justify it. At the conclusion of the public hearing, the abandoned vehicle hearing officer may find that a vehicle or part 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 dispose of as hereafter provided and determine the administrative cost and the cost of removal to be charged against the owner of the parcel of land on which the vehicle or part thereof is located. The order requiring removal shall include a description of the vehicle or part thereof and the correct identification number and license number of the vehicle if available.

If it is determined at the hearing that the vehicle was placed on the land without the consent of the landowner and that he has not subsequently acquiesced in its presence, the abandoned vehicle hearing officer shall not assess costs of administration or removal of the vehicle against the property upon which the vehicle is located or otherwise attempt to collect such cost from such land owner.

(Ord. No. 1806 § 6.)

Sec. 18-11. - Disposal; removed vehicles not to be reconstructed or made operable.

Five days after adoption of the order declaring the vehicle or part thereof to be a public nuisance, the vehicles or parts thereof may be disposed of by removal to a scrapyard or automobile dismantler's yard. After a vehicle has bee removed it shall not thereafter be reconstructed or made operable.

(Ord. No. 1806 § 7.)

Sec. 18-12. - Notice and transmission of evidence of registration to department of motor vehicles.

Within five dlays after the date of removal of the vehicle or part thereof, notice shall be given to the department of motor vehicles identifying the vehicle or part 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. 1176 § 11.)

Sec. 18-13. - Delinquent costs assessed against land; collection and priority of assessment.

If the administrative costs and the removal which are charged against the owner of a parcel of land pursuant to section 18-40 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 auditor and tax collector for collection. Such assessment shall have the same priority as other taxes.

(Ord. No. 1176 § 12.)

Sec. 18-14. - Exemptions.

This article shall not apply to:

(a)

A vehicle or part 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.

(b)

A vehicle or part thereof which is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantle; 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 article.

(Ord. No. 1176 § 2.)

Sec. 18-15. - Administration and enforcement of article.

Except as otherwise provided herein, the provisions of this article shall be administered and enforced by the county zoning enforcement officer or his authorized assistants. In the enforcement of this article such officer and his assistant 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 part thereof, declared to be a nuisance pursuant to this article.

(Ord. No. 1806 § 8.)

This chapter may also be enforced by the California Highway Patrol.

(Ord. No. 1667 § 2.)

Sec. 18-16. - Article not exclusive.

This article 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, statues, and ordinances heretofore or hereafter enacted by the county, the state, or any other legal entity or agency having jurisdiction.

(Ord. No. 1176 § 3.)