Fresno County Municipal Code Ch. 11.45 Prohibited Vehicles

In accordance with the authority of Section 25845 of the Government Code to abate nuisances, the board of supervisors makes the following findings and declarations:

A. Fresno County neighborhoods in the more densely populated, unincorporated areas, have a history of and reputation for well kept and verdant property, and that the general welfare of the county and its neighborhood is founded, in part, upon the appearance and maintenance of private property. The proper use and maintenance of property as required by this chapter reasonably relates to the proper exercise of police powers to protect the health, safety and general welfare of the public and, specifically, the social and economic welfare of the community within those unincorporated areas. The abatement of uses of property contrary to the provisions set forth in this chapter will improve the general welfare and image of the county and its neighborhoods in unincorporated areas. The abatement procedures set forth in this chapter are reasonable and afford due process to all affected persons. It is desirous to enhance and promote the maintenance of property and the enhancement of livability, community appearance, and the social and economic conditions of the neighborhoods within those unincorporated areas. The provisions of this chapter will safeguard, remedy and prevent the decay and deterioration of the neighborhoods within the unincorporated areas to which it is made applicable.

B. The accumulation and storage of trailers, recreational vehicles, truck tractors, utility trailers, watercraft and commercial vehicles exceeding ten thousand pounds gross vehicle weight rating or twenty-five feet in length, when stored or parked on any portion of public property or private residential zoned property, whether or not they are visible from a street, are found to create a condition tending to reduce the value of private property, to promote blight and deterioration, to constitute a nuisance, and to be injurious to the health, safety and general welfare. Therefore, the presence of the aforesaid conditions constitutes a nuisance which may be abated.

(Ord. 00-004)

As used in this chapter, the following terms are defined in this section.

"Camper" means a structure designed to be mounted upon a motor vehicle and to provide facilities for human habitation or camping purposes. A camper having one axle shall not be considered a vehicle.

"Camp trailer" means a vehicle designed to be used on a highway, capable of human habitation for camping or recreational purposes, that does not exceed sixteen feet in overall length from the foremost point of the trailer hitch to the rear extremity of the trailer body and does not exceed ninety-six inches in width and includes any tent trailer. Where a trailer telescopes for travel, the size shall apply to the trailer as fully extended. A camp trailer is not the same as a trailer coach.

"County administrative officer" means county administrative officer as established and defined in Chapter 2.08 of this Code or the county administrative officer's designee.

"County hearing officer" means the person or persons appointed pursuant to Fresno County Ordinance Code, Chapter 2.81, Title 2.

"Driveway" for purposes of this chapter means an all-weather or paved surface, not less than eight feet in width and not encumbered by any properties to a height under eight feet above the ground.

"Enforcement officer" means any county employee designated by the county administrative officer, or the director of the county department with authority to enforce any provision of this code or related state law, and shall also mean regular salaried, full-time employees of the sheriff-coroner's office.

"Excluded vehicle" as used in this chapter means a recreational vehicle, watercraft or any boat on a trailer purchased by a property owner or other occupant of residential zoned property within the area described in Section 11.45.210 where: (1) proof of ownership of the property or occupancy of the property and (2) proof of ownership of the recreational vehicle, watercraft or a boat on a trailer before the effective date of the ordinance codified in this chapter as set forth in Section 11.45.220 is established to the satisfaction of the sheriff. This exclusion shall not limit an excluded vehicle owner's right to replace an excluded vehicle.

"Fifth wheel" has the same definition as used in California Vehicle Code Section 324.

"Pickup truck" means a motor truck with a manufacturer's gross vehicle weight rating of less than eleven thousand five hundred pounds, an unladen weight of less than eight thousand one pounds, and which is equipped with an open-box type bed not exceeding nine feet in length. Pickup truck does not include a motor vehicle otherwise meeting the above definition that is equipped with a bed-mounted storage compartment unit commonly called a utility body.

"Private property visible from a street" means all private property which can be seen while standing in a public street and which is not behind a solid fence, wall or hedge at least five feet in height.

"Prohibited vehicles," as used in this chapter includes, but is not limited to, the following: buses, motor homes, recreational vehicles, trailers, truck tractors, trailer coaches, utility trailers, watercraft, boats on trailers, semi-trailers, any commercial vehicle exceeding ten thousand pounds gross vehicle weight rating or twenty five feet in length, any vehicle violating the provisions of Section 11.45.071 of this chapter, any vehicle used or maintained for the transportation of persons for hire, compensation or profit, and designed, and used or maintained for the transportation of property and any vehicles of a width in excess of ninety inches as measured at the widest portion of the body, not including mirrors or other extensions.

"Recreational vehicle" shall be defined as including, but not limited to, camper, camper trailer, trailer, trailer coach, fifth wheel, as defined by California Vehicle Code Section 324, and travel trailer.

"Residential zoned property" for purposes of this chapter, means any parcel designated for residential land use with the exception of the R-A and RR zone districts.

"Trailer" is a vehicle designed for carrying persons or property on its own structure and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon any other vehicle. Trailer includes a semi-trailer when used in conjunction with an auxiliary dolly, if the auxiliary dolly is of a type constructed to replace the function of a draw bar and the front axle or axles of a trailer.

"Trailer coach" means a vehicle, other than a motor vehicle, designed for human habitation or human occupancy for industrial, professional, or commercial purposes, for carrying property on its own structure, and for being drawn by a motor vehicle.

"Truck tractor" has the same definition as used in Section 655 of the California Vehicle Code.

"Utility trailer" has the same definition as used in Section 666 of the California Vehicle Code.

"Vehicle" has the same meaning as it is used in California Vehicle Code Section 670. The definition of "vehicle" for purposes of this chapter excludes any machine designed, and to be used for an agricultural implement and not intended to be used as a means of transportation on highways, although on occasion it may be temporarily operated thereon.

"Watercraft" includes boats of all kinds, barges, sailing vessels, and every kind of structure adapted to be navigated on or in water from place to place for the transportation of persons or property.

(Ord. No. 25-020, § 6, 10-7-2025; Ord. 00-004)

This chapter shall not apply to any vehicle or part thereof which is:

A. Completely enclosed in a lawful manner within a building, behind a solid fence, wall or hedge at least five feet in height, or otherwise located so as not to be visible from a street or other public or private property; or

B. Temporarily parked for loading or unloading persons or property as long as such period does not exceed ninety-six hours in one calendar month.

C. The provisions of this chapter shall not apply to excluded vehicles.

D. The provisions of this chapter shall not apply to pickup trucks.

Nothing in this chapter shall authorize the maintenance of a public or private nuisance as defined under provision of law.

(Ord. 00-004)

This chapter is not the exclusive regulation of prohibited vehicles within 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 entity or agency having jurisdiction.

(Ord. 00-004)

This chapter shall be administered by the county administrative officer and the sheriff-coroner, by and through the regularly salaried, full-time employees of the county, except that the actual removal of vehicles from property may be by other duly authorized persons.

(Ord. No. 25-020, § 6, 10-7-2025; Ord. 00-004)

In addition to the enforcement proceedings contained in Section 11.45.050, the sheriff and any peace officer as defined by Penal Code Sections 830 and 830.1 are authorized to issue citations to the owner of the property upon which any violation of the provisions of this chapter occurs. Violation of this chapter shall be punishable as an infraction as set forth in Section 1.12.20 of the Fresno County Ordinance Code. Any person issued a citation for violation of any provision of this chapter shall appear before the appropriate court within the county as set forth on the citation.

(Ord. 00-004)

It is unlawful for any person to store or park any prohibited vehicle on any public or private residential zoned property visible from a street with the area of the county described in Section 11.45.210, unless otherwise excluded from the provisions of this chapter as set forth in Section 11.45.030.

(Ord. 00-004)

Notwithstanding Section 11.45.070 of this chapter, it is unlawful for any person to store or park any motor vehicle in excess of twenty-five feet in length or a weight in excess of ten thousand pounds gross vehicle weight rating, any vehicle used or maintained for the transportation of persons for hire, compensation or profit, and designed and used or maintained for the transportation of property, including buses, motor trucks, trailers, semi-trailers, trailer coaches or truck tractors as defined in the Vehicle Code and similar vehicles of a width in excess of ninety inches as measured at the widest portion of the body, not including mirrors or other extensions, on public or private residential zoned property within any area of the county described in Section 11.45.210. This section shall not affect any commercial vehicle making pickups or deliveries of goods, wares and merchandise from or to any dwelling house located on a residential zoned property, or for the purpose of delivering materials to be used in the actual and bona fide repair, alteration, remodeling or construction of any dwelling house or structure associated with residential use.

(Ord. 00-004)

It is declared a nuisance for any person owning, leasing, occupying, directly controlling or having charge of any residential zoned property in the area defined by Section 11.45.210 to maintain any condition described in Sections 11.45.070 and 11.45.071.

(Ord.00-004)

Upon discovering the existence of a prohibited vehicle, on public or private residential zoned property in the area of the county described in Section 11.45.210, the enforcement officer shall have the authority to abate and remove a prohibited vehicle as a nuisance pursuant to Government Code Section 25845 and this chapter.

(Ord. No. 25-020, § 6, 10-7-2025; Ord. 00-004)

Upon discovering the existence of any vehicle described in Section 11.45.071 on public or private residential zoned property in the area of the county described in Section 11.45.210, the enforcement officer shall have the authority to abate and remove such vehicle as a nuisance pursuant to Government Code Section 25845 and this chapter.

(Ord. No. 25-020, § 6, 10-7-2025; Ord. 00-004)

The enforcement officer, other authorized employees of the County, other persons authorized by the county administrative officer or sheriff-coroner to remove vehicles from private or public property, may enter any private or public property in the course of administering or enforcing this chapter. Notwithstanding the foregoing provision, the enforcement officer shall obtain an inspection warrant, when necessary, in accordance with the procedure prescribed by Code of Civil Procedure Section 1822.50 and following, prior to abating or removing a prohibited vehicle from private property. Any person obstructing or delaying within the meaning

(Ord. No. 25-020, § 6, 10-7-2025; Ord. 00-004)

Upon receiving knowledge of a prohibited vehicle, the sheriff may cause the same to be abated and removed pursuant to the following procedure:

A. The enforcement officer shall give notice of at least ten calendar days of intention to abate and remove the prohibited vehicle as a nuisance, and that administrative and removal costs shall be charged against the owner of the land, or vehicle owner, if different, and the costs shall constitute an assessment thereon collectable with county taxes, pursuant to sections 1.16.150-1.16.180 of this code.

B. The notice of intention to abate shall be mailed by certified or registered mail or personally delivered to the owner of the land on which the prohibited vehicle is located as shown on the last equalized assessment roll, to the present owner of the land if known to be different, and to the last registered and last legal owner of record of the vehicle.

C. The notice of intention to abate and remove the prohibited vehicle shall also include notice to the property or vehicle owner, if different, that he or she may request a hearing before a county hearing officer or submit a swam written statement denying responsibility for the presence of the prohibited vehicle on the land, with his or her reasons for such denial, in lieu of appearing.

(Ord. No. 25-020, § 6, 10-7-2025; Ord. 00-004)

The notices of intention shall be in substantially the following form:

(1) NOTICE OF INTENTION TO OWNER OF LAND TO ABATE AND REMOVE PROHIBITED VEHICLE AS A NUISANCE

(name and address of the owner of the land and owner of the Prohibited Vehicle, if different)

As owner on the last equalized assessment roll of land located at (address), you are hereby notified that the undersigned pursuant to Title 11, Chapter 45 of the Fresno County Ordinance Code has determined that there exists upon the land a Prohibited Vehicle registered to _______, license number _______, which constitutes a nuisance.

You are hereby notified to abate the nuisance by the removal of the Prohibited Vehicle by (specify date at least ten (10) days from the date of mailing or personal delivery of this notice) and if you fail to do so, the Prohibited Vehicle will be abated and removed by the enforcement officer and the costs thereof, together with administrative costs, assessed to you as owner of the land upon which the Prohibited Vehicle is located, pursuant to sections 1.16.150-1.16.180 of Ordinance Code of Fresno County. You are also notified that you may, within at least ten (10) days after mailing or personal delivery of this notice, request a public hearing before a county hearing officer, and if the request is not received by the county administrative officer with the ten (10) day period, the enforcement officer shall have the authority to abate and remove the Prohibited Vehicle as a nuisance and assess the costs against your property, pursuant to sections 1.16.150-1.16.180 of the Ordinance Code of Fresno County. You may appear in person at any hearing requested by you or the owner of the Prohibited Vehicle or, in lieu thereof, may present a sworn written statement in time for consideration at the hearing. If you submit a sworn written statement by _______ (within ten (10) days from the date of mailing of the Notice) denying responsibility for the presence of the Prohibited Vehicle on your land, with your reasons for denial, this statement shall be construed as a request for a hearing which you do not need to personally attend.

Notice mailed or personally served: _____ . (date) _____ (Signature Enforcement Officer)

(2) NOTICE OF INTENTION TO ABATE AND REMOVE A PROHIBITED VEHICLE AS A NUISANCE

(name and address of last registered owner of record of vehicle—notice should be given to both if different)

As last registered or legal owner of record of (description of vehicle—make, model, license, VIN, etc.) you are hereby notified that the undersigned pursuant to Chapter 11.45 of the Fresno County Ordinance Code has determined that the Prohibited Vehicle constitutes a nuisance at (describe location on public or private property) pursuant to the provisions of Chapter 11.45.

You are hereby notified to abate the nuisance by removal of the Prohibited Vehicle by (at least ten (10) days after mailing or personal delivery of this notice) and if you fail to do so, the Prohibited Vehicle will be abated and removed by the enforcement officer. You may also be responsible for removal costs and administrative costs as owner of the Prohibited Vehicle, pursuant to sections 1.16.150-1.16.170 of the Ordinance Code of Fresno County.

As registered or legal owner of record of the Prohibited Vehicle, you are hereby notified that you may, by _______ (within ten (10) days after the mailing of this Notice of Intention), request a public hearing before a county hearing officer. If the county administrative officer does not receive such request for a public hearing by that date, the enforcement officer shall have the authority to abate or remove the Prohibited Vehicle without a hearing.

Notice mailed or personally served ;hg;________ (date) _____ (Signature Enforcement Officer)

(Ord. No. 25-020, § 6, 10-7-2025; Ord. 00-004)

The owner of the prohibited vehicle or the owner of the land on which the prohibited vehicle is located may request a public hearing to be held before a county hearing officer to contest the decision by the enforcement officer to abate and remove the prohibited vehicle or to make the costs thereof a charge against the owner of the land, by filing a written notice requesting such hearing with the county administrative officer before expiration of the time to abate and remove the prohibited vehicle as set forth in the notice of intention to abate and remove provided for in Sections 11.45.110 and 11.45.120 of this chapter. If the owner of the land on which the prohibited vehicle is located submits, within such time period, a sworn written statement denying responsibility for the presence of the prohibited vehicle on his land, this statement shall be construed as a request for a hearing that shall not require the presence of the owner submitting the request when the matter is reviewed by the county hearing officer.

(Ord. No. 25-020, § 6, 10-7-2025; Ord. 00-004)

In the event no request for a hearing is timely received, the enforcement officer may proceed to cause the removal of the prohibited vehicle and charge the administrative and removal costs to the owner of the land on which the prohibited vehicle is located or the owner of the prohibited vehicle. In the event a request for a hearing is received, the prohibited vehicle may not be removed until ten calendar days after the enforcement officer mails notice of the decision of the hearing to all interested persons.

(Ord. No. 25-020, § 6, 10-7-2025; Ord. 00-004)

A. In the event a request for a hearing is timely received, the county administrative officer shall set the same for a public hearing before a county hearing officer on the question of abatement and removal of the prohibited vehicle, and the assessment of the administrative costs and the costs of removal of the prohibited vehicle against the property on which it is located pursuant to sections 1.16.150-1.16.180 of this code. Notice of the hearing shall be mailed by registered or certified mail or personally served at least ten calendar days before the hearing to the owner of the land and to the owner of the prohibited vehicle, if different.

B. Notice of the hearing shall be mailed to the address provided by the owner of the land and the owner of the prohibited vehicle as set forth in the request for hearing.

C. The county hearing officer shall hear all interested persons, and all relevant evidence offered. The technical rules of evidence shall not apply. The facts and testimony may include testimony on the condition of the prohibited vehicle and the circumstances concerning the prohibited vehicle's location on the land.

D. The county hearing officer may find that the vehicle was not a prohibited vehicle within the meaning of Section 11.45.020 and order termination of abatement proceedings. The county hearing officer may impose such conditions and take such other action to carry out the purposes of this chapter. The county hearing officer may extend the stay of the abatement order to give the prohibited vehicle owner or the landowner additional time to voluntarily remove the prohibited vehicle.

E. The county hearing officer shall prepare, and the enforcement officer shall mail to the prohibited vehicle owner and the owner of the land a copy of the written order. Any order requiring removal or disposal of a prohibited vehicle shall include a description of the prohibited vehicle and the correct identification number and license number of the prohibited vehicle. The prohibited vehicle may be removed no sooner than ten days after the written order directing either removal or disposal is delivered to the landowner or vehicle owner, if different, by certified or registered mail or personal delivery.

F. If it is determined at the hearing that the prohibited vehicle was placed on the land without the consent of the landowner and that he or she has not subsequently acquiesced to its presence, then the landowner shall not be assessed administrative and removal costs as permitted by Section 11.45.190.

(Ord. No. 25-020, § 6, 10-7-2025; Ord. 00-004)

If after hearing the county hearing officer directs the abatement and removal of the prohibited vehicle, the owner thereof or the owner of the land may voluntarily remove the vehicle within ten calendar days after mailing of the written order, and if it is not so removed, the enforcement officer may proceed to cause its removal.

(Ord. No. 25-020, § 6, 10-7-2025; Ord. 00-004)

The owner, landowner or enforcement officer, as the case may be, may remove the prohibited vehicle by placing it so it no longer falls within the definition of a prohibited vehicle as defined in Section 11.45.020 or by other final disposition in a manner acceptable to the enforcement officer. Where the enforcement officer removes the prohibited vehicle, the County may do so with its own employees, contract with one or more dismantlers or enterprises, or issue removal orders on a rotation basis as determined by the enforcement officer to be the most practical, efficient and economical.

(Ord. No. 25-020, § 6, 10-7-2025; Ord. 00-004)

When the enforcement officer causes a prohibited vehicle to be removed as herein provided, the enforcement officer shall within five days after the removal give written notice thereof to the Department of Motor Vehicles identifying the vehicle and any evidence of registration available, including, but not limited to, registration, certificates of title and license plates. Licensed dismantlers or commercial enterprises acquiring vehicles removed by the enforcement officer pursuant to this chapter are excused from recording requirements of Section 11520 of the California Vehicle Code and fees provided therein are waived; provided, that a copy of the order of the enforcement officer or county hearing officer authorizing disposition of the prohibited vehicle is retained in the dismantler's or commercial enterprise's records. Voluntary removal by the owner of the prohibited vehicle or property owner or by a dismantler or commercial enterprise at the request of such owner shall not require the enforcement officer to give notice to the Department of Motor Vehicles as required in this section, but shall be considered a private transaction and the parties thereto shall comply with the provisions of the California Vehicle Code relating thereto.

(Ord. No. 25-020, § 6, 10-7-2025; Ord. 00-004)

The county shall assess the cost of removal of prohibited vehicles pursuant to the provisions of this chapter as follows:

A. Where the owner of the prohibited vehicle or owner of the property on which the prohibited vehicle is located voluntarily accomplishes the removal, there shall be no charge.

B. Where the owner of the prohibited vehicle or the owner of the property on which the prohibited vehicle is located voluntarily removes the vehicle after a hearing and decision requiring its removal, the charge shall consist of the administrative costs to the county in accordance with the schedule therefor established by the auditor-controller based upon sound cost accounting principles.

C. Where the enforcement officer directs the removal after formal notice, the charge shall consist of the administrative cost to the county in accordance with the schedule therefor established by the auditor-controller based upon sound cost accounting principles, together with the actual cost of prohibited vehicle removal, less the amount, if any, of payment for salvage received.

(Ord. No. 25-020, § 6, 10-7-2025; Ord. 00-04)

A. Where costs have been charged by the County of Fresno or any of its entities, in accordance with Section 11.45.190, the enforcement officer shall prepare, pursuant to Section 1.16.150 of this code, an "abatement expense statement" demanding payment and stating that unless the amount thereof is paid within fifteen (15) days after the date of service of the abatement expense statement,

B. The abatement expense statement shall be served on the property owner and the vehicle owner, if different from the property owner, in accordance with Section 1.16.130 of this code.

C. If the costs demanded in accordance with Section 11.45.190 are not paid in full within fifteen (15) calendar days after service of the abatement expense statement, an abatement cost confirmation hearing will be set and notice of the cost confirmation hearing will be provided to the property owner and the vehicle owner, if different from the property owner, in accordance with Sections 1.16.150 and 1.16.160 of this code.

D. An abatement cost confirmation hearing for the recovery costs demanded as authorized by Section 11.45.190 shall be conducted in accordance with Section 1.16.170 of this code.

E. Any costs demanded in accordance with Section 11.45.190 that are confirmed after the abatement cost confirmation hearing shall become delinquent and may be collected by the county through legal means, including as a special assessment and/or lien on the violation real property in accordance with the procedures set forth in Section 1.16.170.

(Ord. No. 25-020, § 6, 10-7-2025; Ord. 00-004)

The area referred to and within which the prohibitions of Title 11, Chapter 11.45, shall be applicable, is all that portion of the unincorporated territory of the county contained within that area described in Section 10.44.030 of Title 10 hereof which description is incorporated in this chapter and section by reference thereto.

(Ord. 00-004)

This chapter shall be effective June 30, 2000.

(Ord. 00-004)

If any portion of this chapter is held to be invalid by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this chapter. The Board of Supervisors hereby declares it would have passed each remaining portion irrespective of the fact that any one or more portions are declared invalid.

(Ord. No. 25-020, § 6, 10-7-2025)