Chapter 10.16 — ABANDONED VEHICLES

State Law reference— Removal of parked and abandoned vehicles generally, Vehicle Code § 22650 et seq.; authority of County to abate and remove abandoned, wrecked, dismantled, or inoperative vehicles from private or public property, Vehicle Code § 22660.

In addition to and in accordance with the determination made and the authority granted by the State under Vehicle Code § 22660 to remove abandoned, wrecked, dismantled or non-operative vehicles or parts thereof as public nuisances, the Board of Supervisors 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 part thereof on private or public property not including highways, except as expressly 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.

(Code 1997, § 10.16.010; Ord. No. 4676)

For the purposes of this chapter, the following words and phrases shall have the meaning indicated, unless the context or subject matter otherwise requires:

Abandoned vehicle. A vehicle is considered to be abandoned if it is left on a highway, public property, or private property in such wrecked, dismantled, inoperable, or neglected condition that the owner's intent to relinquish all further rights or interests in it may be reasonably concluded.

In reaching a reasonable conclusion, one must consider the amount of time the vehicle has not been moved, its condition, statements from the owner and witnesses, etc.

In reference to highway or public rights-of-way, "abandonment" is presumed to have occurred if a vehicle is parked, resting, or otherwise immobilized on any highway or public right-of-way; and lacks an engine, transmission, wheels, tires, doors, windshield, or any other part or equipment necessary to operate safely on the highway in the State. Such vehicles are presumed to be a hazard to public health, safety, and welfare and may be removed immediately upon discovery by a peace officer or other designated employee of the State, County, or city.

Dismantled vehicle means any vehicle that is partially or wholly disassembled.

Highway means a public place or other place of whatever nature, whether or not publicly maintained and open to the use of the public for purposes of vehicular traffic. The term "highway" includes streets that are open to the use of the public for purposes of vehicular traffic.

Inoperative vehicle means any motor vehicle that cannot be moved under its own power.

Private property means property that belongs absolutely to an individual and that person has the exclusive right of disposition and includes property of a specific, fixed, and tangible nature, capable of being possessed and transmitted to another, such as houses, lands, vehicles, etc.

Public nuisance vehicle means any vehicle or part thereof that is abandoned, wrecked, dismantled, or inoperative that is on public or private property, not including highways, and that creates a condition tending to reduce the value of private property, promotes blight and deterioration, invites plundering, creates fire hazards, constitutes an attractive nuisance endangering the health and safety of minors, harbors rodents and insects, or jeopardizes health, safety, and general welfare is a public nuisance.

Public property. The term "public property" is commonly used as a designation of those things which are considered owned by "the public," the State or community, and not restricted to dominion of a private person. The term "public property" may also apply to any property owned by a state, nation, or municipality.

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.

Wrecked vehicle means any vehicle that is damaged to such an extent that it cannot be operated upon the highway. A vehicle which has been wrecked in a traffic accident, and which has been removed from the roadway to a storage facility, which has not been claimed by its owner, will not be considered an abandoned vehicle for purposes of this chapter.

(Code 1997, § 10.16.020; Ord. No. 4676)

This chapter shall not apply to:

A.

A vehicle or part thereof which is completely enclosed within a building (as "building" is defined by the Uniform Building Code duly adopted by the County and said building must be located on private property in a manner that conforms to applicable zoning provisions set forth in Title 130) 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 stored or parked in a lawful manner on private property in connection with the business of a 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 Vehicle Code § 22650) of Division of 11 of the Vehicle Code.

(Code 1997, § 10.16.030; Ord. No. 4676)

A.

Except as otherwise provided in this chapter, the provisions of this chapter shall be administered by regularly salaried full-time employees of the County Sheriff's office, except that removal of vehicles or parts thereof from property may be by any duly authorized person. Any such person may enter upon private or public property for the purposes specified in this chapter to examine a vehicle or parts thereof, obtain information as to the identity of a vehicle, and remove or cause the removal of a vehicle or part thereof declared to be a nuisance pursuant to this chapter as set forth in Vehicle Code § 22663.

B.

A search or seizure warrant may be obtained for entry upon private property for the purposes set forth in Subsection A of this section if the Sheriff or his or her deputies or other designated enforcement persons deem it necessary or advisable.

(Code 1997, § 10.16.040; Ord. No. 4676)

The amount to be assessed as administrative hearing costs shall be the amount established in Title 9 or by action of the Board of Supervisors. The cost of removal of any vehicle or part thereof shall be established by resolution of the Board of Supervisors.

(Code 1997, § 10.16.050; Ord. No. 4676)

A ten-day notice of intention to abate and remove the vehicle or part thereof as a public nuisance shall by 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. Such notice shall contain a statement of the hearing rights of the owner of the property and the owner of the vehicle and shall include notice to the property owner that said owner may appear in person at a hearing or may present a sworn written statement denying responsibility for the presence of the vehicle on the land, with the reasons for such denial, in lieu of appearing.

(Code 1997, § 10.16.060; Ord. No. 4676)

A public hearing shall be held before the designated vehicle abatement Hearing Officer, the designee of the Board of Supervisors, upon timely written request for such a hearing by the owner of the vehicle or the owner of the land on which such vehicle was located on a form required by the County. This request shall be made to the Sheriff's office within ten days after the mailing of notice of intention to abate and remove the vehicle. If the owner of the land on which the vehicle is located submits a sworn written statement denying responsibility for the presence of the vehicle on his or her land and the basis of the denial of responsibility within such time period, this statement shall be construed as a request for hearing which does not require the presence of the owner submitting such request. If no request is received within such period, the vehicle may be removed as hereafter provided and administrative and removal costs may be charged against the land owner.

(Code 1997, § 10.16.070; Ord. No. 4707, 10-24-2006)

A.

At such hearing, the designated Hearing Officer shall hear all relevant facts and testimony he or she deems pertinent. The facts and testimony may include testimony on the condition of the vehicle or part thereof and the circumstances concerning its location on the private property or public property. The Hearing Officer shall not be limited by the technical rules of evidence.

B.

The Hearing Officer may impose such conditions and take such other action as he or she deems appropriate under the circumstances to carry out the purpose of this section. The Hearing Officer may delay the time for removal of the vehicle or part thereof if, in his or her opinion, the circumstances justify it. At the conclusion of the public hearing, the 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 disposed of as hereinafter provided. 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 at the site.

C.

If it is determined at the hearing that the vehicle was placed on the land without the consent of the land owner and that he or she has not subsequently acquiesced in its presence, costs of administration or removal of the vehicle shall not be assessed against the property upon which the vehicle is located or otherwise collected from such land owner.

D.

If an interested party makes a written presentation to the Hearing Officer but does not appear, such party shall be notified in writing of the decision. The Hearing Officer's decision is the final administrative decision of the County and may be timely reviewed by a court of law pursuant to Code of Civil Procedure § 1094.5.

(Code 1997, § 10.16.080; Ord. No. 4676)

Ten days after the notice of intention, where no hearing has been required, or five days after adoption of the order declaring the vehicle to be a public nuisance or after the date of mailing of notice of the decision, if required, the vehicle or parts thereof may be disposed of by removal to a scrap yard or the yard of an automobile dismantler. After a vehicle has been removed it shall not thereafter be reconstructed or made operable, unless it is a vehicle which qualifies for either horseless carriage license plates, pursuant to Vehicle Code § 5004, in which case the vehicle may be reconstructed or made operable.

(Code 1997, § 10.16.090)

Within five days 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 according to the provisions of Vehicle Code § 22852. The Department of Justice shall be notified upon the removal of the vehicle if the name of the owner cannot be ascertained or for any other reason the owner cannot be given notice, the notification shall be according to the provisions of Vehicle Code § 22853.

(Code 1997, § 10.16.100; Ord. No. 4676)

A.

If the administrative costs and the cost of removal which are charged against the land owner are not paid within 30 days, such costs shall be assessed against the parcel of land pursuant to Government Code § 22845 and shall be transmitted to the Tax Collector for collection. This assessment shall have the same priority as other property taxes.

B.

Costs of removal chargeable to a registered owner of a vehicle, who is not a landowner, shall be a debt owed to the County and may be collected under any applicable provision of law.

(Code 1997, § 10.16.110; Ord. No. 4676)

It shall be unlawful and an infraction for any person to abandon, park, store, or leave or to permit the abandonment, parking, storing, or leaving of any licensed or unlicensed vehicle or part thereof which is an abandoned, wrecked, dismantled, or inoperative condition upon any private property or public property within the County for a period in excess of ten days unless such vehicle or part thereof is completely enclosed within a building in a lawful manner where it is not plainly visible from the street or other public or private property, or unless the vehicle is stored or parked in a lawful manner on private property in connection with the business of a State-licensed dismantler, State-licensed vehicle dealer, State-licensed auto repair business, or licensed junkyard.

(Code 1997, § 10.16.120; Ord. No. 4676)

A.

No person shall abandon a vehicle upon any highway.

B.

No person shall abandon any licensed or unlicensed vehicle or part thereof which is abandoned, wrecked, dismantled or inoperative upon public or private property.

C.

Any person convicted of a violation of this section in a court of law shall be punished by a fine of not less than $100.00 and shall provide proof that the costs of removal and disposition of the vehicle have been paid. No part of any fine imposed shall be suspended. The fine may be paid in installments if the court determine that the defendant is unable to pay the entire amount in one payment.

D.

Proof that the cost of removal and disposition of the vehicle has been paid shall not be required if proof is provided to the court that the vehicle was stolen prior to the abandonment. That proof may consist of a police report or other evidence acceptable to the court.

E.

The costs required to be paid for the removal and disposition of any vehicle determined to be abandoned pursuant to Vehicle Code § 22669 shall not exceed those for towing and seven days of storage. This subsection does not apply if the registered owner or legal owner has completed and returned to the lienholder a "declaration of opposition" form within the time specified in Vehicle Code § 22651.8.

(Code 1997, § 10.16.130; Ord. No. 4676)

A.

The abandonment of any vehicle in a manner as provided in Sections 10.16.120 and 10.16.130 shall constitute a prima facie presumption that the last registered owner of record is responsible for the abandonment and is thereby liable for the cost of removal and disposition of the vehicle.

B.

An owner who has made a bona fide sale or transfer of a vehicle and has delivered possession of the vehicle to a purchaser may overcome the presumption prescribed in Subsection A of this section by demonstration that such owner has complied with Vehicle Code § 5900 or providing other proof satisfactory to the Hearing Officer.

(Code 1997, § 10.16.140; Ord. No. 4676)

It shall be unlawful and an infraction for any person to fail or refuse to remove an abandoned, wrecked, dismantled, or inoperative vehicle or part thereof or refuse to abate such nuisance when ordered to do so in accordance with the abatement provisions of this chapter or State law where such State law is applicable.

(Code 1997, § 10.16.150)