Contra Costa County Municipal Code Ch. 430-8 Hearings and Appeals

(a) Request. Within ten days after the mailing date of the notice of intention to abate and remove, the vehicle owner, landowner or possessor of property may request the zoning administrator for a public hearing on the question of abatements and removal and the estimated cost thereof.

(b) Discharge. If, within this ten-day period, the landowner submits a sworn written statement denying responsibility for the presence of the vehicle on the landowner's land with the landowner's reasons for such denial, said statement shall be construed as a request for a hearing which does not require the landowner's presence.

(c) Notice. The zoning administrator shall immediately notify the enforcement officer of any such requests or disclaimer.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ords. 95-2 § 4, 86-58 § 3, 77-112).

If no disclaimer or request for hearing is received within the ten-day period, the enforcement officer or any person authorized by the enforcement officer shall abate and remove the vehicle or parts thereof. Thereafter, the costs of abatement shall be collected pursuant to Chapter 430-12.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ords. 95-2 § 4, 86-58 § 3, 77-112).

When a hearing is requested, the zoning administrator shall mail notice of the hearing at least ten days before the hearing date, to the enforcement officer, the landowner, any known possessor of the parcel, and to the vehicle owner unless the vehicle is in such condition that identification numbers are not available to determine ownership.

(Ords. 95-2 § 4, 86-58 § 3, 77-112).

All hearings under this division shall be held before the zoning administrator who shall receive all evidence the zoning administrator deems material, including the condition of the vehicle or parts thereof, the circumstances of its abandonment and location and the estimated cost of the abatement. The zoning administrator shall not be limited by the technical rules of evidence. The landowner may appear in person or present a sworn written statement, in time for consideration at the hearing, denying responsibility for the presence of the vehicle on the landowner's land with reasons for such denial.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ords. 95-2 § 4, 86-58 § 3, 77-112).

(a) The zoning administrator may impose such conditions and take such other action as the zoning administrator deems appropriate under the circumstances to carry out the purpose of this division. The zoning administrator may delay the time for removal of the vehicle or parts thereof, if in the zoning administrator's opinion, the circumstances justify it. At the conclusion of the public hearing, the zoning administrator may find that there is an abandoned vehicle and order it abated and/or removed as a public nuisance and disposed of as hereinafter provided and determine the cost of abatement to be charged against the landowner. The order requiring removal shall include a description of the abandoned vehicle and the correct identification number and license number of the vehicle if available.

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

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ords. 95-2 § 4, 86-58 § 3, 77-112).

If an interested party makes a written presentation to the zoning administrator but does not appear, the interested party shall be notified in writing of the decision.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ords. 95-2 § 4, 86-58 § 3, 77-112).

(a) The enforcement officer, the landowner, any known possessor of the parcel or the vehicle owner may appeal the zoning administrator's decision by filing a written notice of appeal within ten calendar days after the zoning administrator's decision. The zoning administrator shall promptly transmit the proceedings to the board of supervisors.

(b) The board's clerk shall promptly give written notice of the time and place of the hearing to the appellant and those persons specified in Section 430-6.006(a).

(c) The board shall promptly hear such appeal, and may affirm, amend or reverse the order, or take other action it deems appropriate. It shall not be limited by the technical rules of evidence.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ords. 95-2 § 4, 86-58 § 3, 77-112).