Alameda County Municipal Code Ch. 6.48 Junk Vehicles

Footnotes:

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Editor's note— Ord. No. 2009-32, amended Chapter 6.48, adopted July 21, 2009, in its entirety to read as herein set out. Former Chapter 6.48, §§ 6.48.010—6.48.180, pertained to similar material, and derived from prior gen. code §§ 3-136.0—3-136.17 and Ord. No. 2003-11.

The Board of Supervisors hereby finds and declares that the accumulation and/or storage of wrecked, dismantled, abandoned, or inoperative vehicles, recreational vehicles, travel trailers, utility trailers, boats, or other mobile equipment and/or parts thereof left standing to deteriorate create conditions tending to promote neighborhood blight and deterioration and to constitute an attractive nuisance creating a health and safety hazard and a harborage for rodents and insects. Such accumulation and storage is generally injurious to the health, safety, and welfare of the community. The purpose of this chapter is to provide a method for the prevention and elimination of these conditions.

(Ord. No. 2009-32, 7-21-09)

"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.

"Historical vehicle" means any vehicle that meets the requirements of California Vehicle Code Section 5004.

"Inoperative vehicle" means any vehicle that does not fall under the definition of "operative vehicle."

"Operative vehicle" means any vehicle that can be started with the ignition key, will operate at idle speed, can be driven in forward gear and stopped with brakes and can be driven in reverse gear and stopped with brakes.

"Planning director" means, for purposes of this chapter, the planning director of Alameda County and any person whom the planning director may authorize, designate, or deputize to act for her or him.

"Public property" does not include "highway."

"Vehicle" means any vehicle as defined by the California Vehicle Code § 670 and any recreational vehicle, travel trailer, utility trailer, boat, or other mobile equipment, and/or parts thereof.

(Ord. No. 2009-32, 7-21-09)

Any abandoned, wrecked, dismantled or inoperative vehicle, recreational vehicle, travel trailer, utility trailer, boat, or other mobile equipment and/or parts thereof located on public or private property is hereby declared a public nuisance and shall be abated as hereinafter provided.

(Ord. No. 2009-32, 7-21-09)

This chapter shall not apply to:

A. A vehicle and/or parts thereof which is completely enclosed within a lawful building in a manner such that it is not visible from the street or other public or private property;

B. A vehicle and/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, or junk dealer, or when such storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise;

C. A vehicle that has been proven operable to the planning director within a six-month period; or

D. A vehicle that qualifies as a horseless carriage or historical vehicle under California Vehicle Code § 5004.

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 California Vehicle Code and this chapter. Possession of a "Non-Operative" status with the California Department of Motor Vehicles does not exempt vehicles from this chapter.

(Ord. No. 2009-32, 7-21-09)

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

(Ord. No. 2009-32, 7-21-09)

Except as otherwise provided herein the provisions of this chapter shall be administered and enforced by the planning director. In the enforcement of this chapter the planning director may, according to law, enter upon private or public property to examine a vehicle, recreational vehicle, travel trailer, utility trailer, boat, or other mobile equipment and/or parts thereof to obtain information as to the identity of a vehicle and to remove or cause the removal of a vehicle and/or parts thereof declared to be a public nuisance pursuant to this chapter.

(Ord. No. 2009-32, 7-21-09)

When the county so authorizes any person or persons, such person or persons may enter upon private or public property to remove or cause the removal of an abandoned, wrecked, dismantled, or inoperative vehicle, recreational vehicle, travel trailer, utility trailer, boat, or other mobile equipment and/or parts thereof declared to be a public nuisance pursuant to this chapter.

(Ord. No. 2009-32, 7-21-09)

Upon discovering the existence of an abandoned, wrecked, dismantled, or inoperative vehicle, recreational vehicle, travel trailer, utility trailer, boat, or other mobile equipment and/or parts thereof on private or public property within the unincorporated areas of Alameda County, the planning director shall have the authority to cause the abatement and removal thereof in accordance with the procedure prescribed herein and to determine and assess costs thereof to the land owner.

A ten-day notice of intention to abate and remove the vehicle and/or parts thereof, as a public nuisance shall be provided in person or by prepaid certified mail, return receipt requested to the owner of the land and to the registered and/or legal 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:

#1 (Notice to Landowner)

NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED, WRECKED, DISMANTLED, OR INOPERATIVE VEHICLE AND/OR PARTS THEREOF AS A PUBLIC NUISANCE

NAME: _____

ADDRESS: _____

As owner shown on the last, equalized assessment roll of the land located at _______, you are hereby notified that the undersigned, pursuant to Sections 6.48.080 of the Alameda County General Ordinance Code, has determined that there exists upon said property an abandoned, wrecked, dismantled, or inoperative vehicle, recreational vehicle, travel trailer, utility trailer, boat, or other mobile equipment and/or parts thereof registered to _______, which constitutes a public nuisance pursuant to the provisions of Sec. 6.48.030 of the Alameda County General Ordinance Code.

You are hereby notified to abate said nuisance by the removal of said vehicle and/or parts thereof within ten (10) days from the mailing date written notification of this determination, and notified that upon your failure to do so said vehicle and/or parts thereof will be abated and removed by the County and the costs thereof, together with administrative costs, assessed to you as owner of the property on which the vehicle and/or parts thereof are located.

You may submit a sworn written statement within the above ten (10) day period denying responsibility for the presence of such vehicle and/or parts thereof on your property, with your reason for denial of responsibility. If you have not acquiesced to the presence of the vehicle and/or parts thereof on your property, you will not be assessed the cost of removal.

As the owner of the land on which the vehicle and/or parts thereof are located, you are hereby notified that you may within the aforesaid ten (10) day period request a public hearing on this determination before the Board of Zoning Adjustments. If such request, in writing, is not received by the Planning Director within such ten (10) day period the County shall have the authority to abate and remove such vehicle and/or parts thereof, as a public nuisance and assess costs as aforesaid without a public hearing.

Notice mailed _____

By _____

#2 (Notice to vehicle owner)

NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED, WRECKED, DISMANTLED, OR INOPERATIVE VEHICLE AND/OR PARTS THEREOF AS A PUBLIC NUISANCE

NAME: _____

ADDRESS: _____

As last registered owner of record of _______, you are hereby notified that the undersigned, pursuant to Section 6.48.080 of the Alameda County General Ordinance Code, has determined that said vehicle exists as an abandoned, wrecked, dismantled, or inoperative vehicle, recreational vehicle, travel trailer, utility trailer, boat, or other mobile equipment and/or parts thereof at _______, which constitutes a public nuisance pursuant to the provisions of Section 6.48.030 of the Alameda County General Ordinance Code.

You are hereby notified to abate said nuisance by the removal of said vehicle and/or parts thereof, within ten (10) days from the mailing date of written notification of this determination, and notified that upon your failure to do so said vehicle and/or parts thereof will be abated and removed by the County and the costs thereof, together with administrative costs, assessed to you as owner of the vehicle and/or parts thereof.

As the owner of record of the vehicle and/or parts thereof, you are hereby notified that you may within the aforesaid ten (10) day period request a public hearing on this determination before the Board of Zoning Adjustments. If such request, in writing, is not received by the Planning Director within such ten (10) day period, the County shall have the authority to abate and remove such vehicle and/or parts thereof as a public nuisance and assess costs as aforesaid without a public hearing.

Notice mailed _____

By _____

(Ord. No. 2009-32, 7-21-09)

Within ten days of the mailing date of written notification of the action as noted in the above section the owner of the land or the owner of the vehicle may request a hearing before the board of zoning adjustments on the question of abatement and removal of the vehicle as an abandoned, wrecked, dismantled, or inoperative vehicle, recreational vehicle, travel trailer, utility trailer, boat, or other mobile equipment and/or parts thereof, and the assessment of the administrative costs and the cost of removal of the vehicle and/or parts thereof against the property on which it is located by submitting a written request to the planning director. If such a request for hearing is not received within said ten days from the mailing date of written notification of the action, the county shall have the authority to abate and remove the vehicle and/or parts thereof as a public nuisance without holding a public hearing.

If the owners of the land submit a sworn written statement denying responsibility for the presence of the vehicle and/or parts thereof on their land within such ten-day period, said statement shall be construed as a request for a hearing, which does not require their presence.

Notice of the hearing shall be mailed by registered mail at least ten days before the hearing to the owner of the land and to the registered and/or legal owner of the vehicle unless the vehicle is in such condition that identification numbers are not available to determine ownership.

(Ord. No. 2009-32, 7-21-09)

All hearings under this chapter shall be held before the board of zoning adjustments, which shall hear all facts and testimony it deems pertinent. Said facts and testimony may include testimony on the condition of the vehicle and/or parts thereof and the circumstances concerning its location on private or public property. The board of zoning adjustments shall not be limited by the technical rules of evidence. The owners of the land on which the vehicle and/or parts thereof is located 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 placement or continuing presence of the vehicle and/or parts thereof on the land, with their reasons for such denial.

(Ord. No. 2009-32, 7-21-09)

The board of zoning adjustments shall 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 and/or parts thereof if, in its opinion, the circumstances justify it. At the conclusion of the public hearing, the board of zoning adjustments may find that a vehicle is an abandoned, wrecked, dismantled, or inoperative vehicle and/or parts thereof on private or public property and order the same removed from the property as a public nuisance and dispose of it or parts thereof as hereinafter provided. The order requiring the removal shall include a description of the vehicle and/or parts thereof and the correct identification number and license number of the vehicle, if available at the site. If any interested parties make a written presentation to the board of zoning adjustments but do not appear, they shall be notified in writing of the decision.

(Ord. No. 2009-32, 7-21-09)

If it is determined at the hearing that the vehicle and/or parts thereof was placed on the land without the consent of the landowners and that they have subsequently not acquiesced in its presence, the county 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 costs from the landowner.

(Ord. No. 2009-32, 7-21-09)

Any interested party may appeal the decision of the board of zoning adjustments within ten days after its decision. Such appeal shall be heard by the Board of Supervisors which may affirm, amend, or reverse the order to take other action deemed appropriate.

The planning department shall give written notice of the time and place of the hearing to the appellant and those persons specified in Section 6.48.080. In conducting such hearing the Board of Supervisors shall not be limited by the technical rules of evidence.

(Ord. No. 2009-32, 7-21-09)

Five days after adoption of the order declaring the vehicle and/or parts thereof to be a public nuisance, or five days from the mailing date of written notification of the action if such notice required by Section 6.48.110, or fifteen (15) days after such action of the county authorizing removal following appeal, the vehicle and/or parts thereof may be disposed of by removal to a scrap yard or automobile dismantler's yard. After a vehicle has been removed it shall not thereafter be reconstructed or made operable.

(Ord. No. 2009-32, 7-21-09)

Within five days after the date of removal of the vehicle and/or parts thereof the planning director shall notify the California Department of Motor Vehicles and the California Department of Justice identifying the vehicle and/or parts thereof removed. At the same time there shall be transmitted to the California Department of Motor Vehicles and the California Department of Justice any evidence of registration available, including registration certificates, certificates of title, and license plates.

(Ord. No. 2009-32, 7-21-09)

If the administrative costs and the cost of removal which are charged against a parcel of land are not paid within thirty (30) days from the date of the order, or the final disposition of an appeal therefrom, such costs shall be assessed against the parcel of land and shall be transmitted to the tax collector for collection. Said assessment shall have the same priority as other county taxes. If such costs are not charged against the owner of the land on which the vehicle is located, the presence of the vehicle and/or parts thereof thereon shall constitute a prima facie presumption that the last registered owner of record, having failed to comply with the provisions of Section 5900 of the Vehicle Code is responsible for such placement and is thereby liable for the costs of removal and disposition of the vehicle; such costs may be collected by appropriate civil action in the name of the county.

(Ord. No. 2009-32, 7-21-09)

A. It shall be unlawful for any person to abandon, park, store, leave, or permit the abandonment, parking, storing, or leaving of any licensed or unlicensed abandoned, wrecked, dismantled, or inoperative vehicle, recreational vehicle, travel trailer, utility trailer, boat, or other mobile equipment and/or parts thereof upon any private or public property within the unincorporated area of Alameda County.

B. In addition to the penalties hereinabove provided any condition caused or permitted to exist in violation of any of the provisions of this chapter shall be deemed a public nuisance and may be summarily abated as such by the county.

C. Each person, firm, or corporation shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this chapter is committed, continued, or permitted by such person, firm, or corporation and shall be punishable accordingly.

D. The planning director shall have the power to designate by written order that particular officers or employees be authorized to enforce particular provisions of this chapter. Officers or employees so designated shall have the authority to arrest persons who violate any of said provisions.

(Ord. No. 2009-32, 7-21-09)