Fresno County Municipal Code Ch. 11.44 Abandoned Vehicles

In accordance with the authority of Section 22660 of the Vehicle Code to remove abandoned, dismantled, inoperative, or wrecked 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, including highways, are 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 create a harborage for rodents and insects and to constitute a nuisance and be injurious to the health, safety and general welfare. Therefore, the presence of an abandoned, dismantled, inoperative, or wrecked vehicle, or parts thereof, on private or public property, including highways, except as expressly hereinafter permitted, constitutes a public nuisance which may be abated.

(Ord. 00-001; Ord. 567, § 1, 1974)

As used in this chapter, the following terms shall have the following meanings:

"Abandoned vehicle" means any vehicle left on the property of another without the property owner's permission or any dismantled, inoperative or wrecked vehicle on private properly.

"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.

"Dismantled vehicle" is one which is in pieces.

"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.

"Inoperative vehicle" is one that is either mechanically incapable of being driven on its own power or prohibited from being operated on a public street or highway pursuant to the provisions of Vehicle Code sections 4000, 5202, 24002 or 40001, concerning license plates, registration, equipment, safety and related matters.

A "low-valued vehicle" is one which meets all the following conditions:

(1) the vehicle is inoperative due to the absence of a motor, transmission, or wheels and is incapable of being towed;

(2) is valued at less than two hundred dollars ($200.00) by a person specified in Section 22855 of the California Vehicle Code;

(3) is determined by the sheriff to be a public nuisance presenting an immediate threat to public health or safety; and

(4) the property owners have signed a release authorizing removal and waiving her interest in the vehicle or parts thereof.

"Vehicle" for purposes of this chapter has the same meaning as Section 670 of the California Vehicle Code, which defines a vehicle as a device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks. 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.

"Wrecked vehicle" is one that is destroyed, disabled, seriously damaged, crashed or ruined.

For purposes of this chapter, the term abandoned vehicle will be utilized to encompass abandoned, dismantled, inoperative, or wrecked vehicles and shall be synonymous with each of these terns.

(Ord. No. 25-020, § 5, 10-7-2025; Ord. 00-001; Ord. 567, § 1, 1974)

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

A. Completely enclosed in a lawful manner within a building, a solid fence, wall or hedge between five (5) and six (6) feet in height, or otherwise located so as not to be visible from the street or other public or private property; or

B. Stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, licensed vehicle dealer or a junk yard.

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

(Ord. 00-001; Ord. 567, § 1, 1974)

This chapter is not the exclusive regulation of abandoned, dismantled, inoperative, or wrecked 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 legal entity or agency having jurisdiction.

(Ord. 00-001; Ord. 567, § 1, 1974)

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

(Ord. No. 25-020, § 5, 10-7-2025; Ord. 00-001; Ord. 567, § 1, 1974)

In addition to the enforcement proceedings contained in Section 11.44.020, the sheriff and any peace officer as defined by Penal Code Sections 830 and 830.1 are hereby authorized to issue citations to the owner or occupant of the property upon which the abandoned, dismantled, inoperative, or wrecked vehicle, or parts thereof, is located. 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. 00-001; Ord. 567, § 1, 1974)

It shall be unlawful for any person to fail or refuse to remove any abandoned, dismantled, inoperative, or wrecked vehicle, or parts thereof, or refuse to abate such nuisance. Each and every day constituting a violation of the provisions of this chapter shall constitute a separate offense. Violations of this section or any provision of this chapter, in addition to those already prescribed herein, shall be punished according to the provisions of Section 1.12.020 of the Fresno County Ordinance Code mandating that violations be punished as infractions.

(Ord. 00-001; Ord. 567, § 1, 1974)

Upon discovering the existence of an abandoned, dismantled, inoperative, or wrecked vehicle, or parts thereof, on private or public property within the county, the enforcement officer shall have the authority to abate and remove those vehicles as public nuisances pursuant to the authority set forth in Section 22660 of the Vehicle Code and this chapter.

(Ord. No. 25-020, § 5, 10-7-2025; Ord. 00-001; Ord. 567, § 1, 1974)

The enforcement officer, or other duly persons authorized by the enforcement officer to remove vehicles from private or public property, may enter any private or public property in the course of administering or enforcing this chapter. Any person delaying or obstructing such entry within the meaning of Penal Code Section 148(a) or otherwise interfering with such persons in carrying out their duties under this chapter is guilty of a misdemeanor.

(Ord. No. 25-020, § 5, 10-7-2025; Ord. 00-001; Ord. 567, § 1, 1974)

Upon receiving knowledge of an abandoned vehicle, the enforcement officer shall cause the same to be abated and removed pursuant to the following procedure:

A. The enforcement officer shall give notice of at least ten (10) calendar days of intention to abate and remove the vehicle as a public nuisance, and that the administrative and removal costs shall be charged against the owner of the land, or the vehicle owner, if different, and constitute a special assessment thereon collectable with the county taxes, pursuant to sections 1.16.150-1.16.180 of this code.

B. Such notice shall contain a statement of the hearing rights of the owner of the property on which the vehicle is located and of the owner of the vehicle. The statement shall include notice to the property owner that he or she may request a hearing before a county hearing officer or may present a sworn written statement denying responsibility for the presence of the vehicle on the land with his or her reasons for such denial in lieu of appearing.

C. The notice of intention to abate shall be mailed by registered or certified mail or personally delivered to the owner of the land on which the abandoned 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 unless it is in such condition that identification numbers are not available to determine ownership.

(Ord. No. 25-020, § 5, 10-7-2025; Ord. 00-001; Ord. 567, § 1, 1974)

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

(1) NOTICE TO OWNER OF LAND OF INTENTION TO ABATE AND REMOVE ABANDONED, DISMANTLED, INOPERATIVE, OR WRECKED VEHICLE OR PARTS THEREOF AS A PUBLIC NUISANCE

(name and address of the owner of the land—if the same as the last registered owner of the vehicle, only one notice need be sent)

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 44 of the Fresno County Ordinance Code has determined that there exists upon the land (or parts of an) abandoned, dismantled, inoperative, or wrecked vehicle registered to _______ (if known or determined) license number _______, (if known or determined) which constitutes a public nuisance.

You are hereby notified to abate that nuisance by the removal of the vehicle (or parts of a vehicle) within ten (10) days from the date of mailing or personal delivery of this notice, and upon your failure to do same, the nuisance will be abated and removed by the enforcement officer and the costs thereof, together with administrative costs, assessed against your land upon which vehicle (or parts of a vehicle) is located, pursuant to sections 1.16.150-1.16.180 of the Ordinance Code of Fresno County. You are also notified that you may, within ten (10) days after mailing of this notice of intention, request a public hearing before a county hearing officer, pursuant to section 1.16.080 of the Ordinance Code of Fresno County. If the county administrative officer does not receive a request for a hearing within the ten (10) day period, the enforcement officer shall have the authority to abate and remove the vehicle(s) (or parts of a vehicle(s)) as a public nuisance without a public hearing 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 submit a sworn written statement within ten (10) days from the date shown below, denying responsibility for the presence of the vehicle(s) (or parts of a vehicle(s)) on your land, with your reasons for denial. This statement shall be construed as a request for a hearing at which your presence is not required.

If a hearing is requested, you or the vehicle owner may appear in person at a hearing before a county hearing officer to contest the enforcement officer's determination of the abandoned vehicle as a public nuisance. In lieu of a personal appearance, you or the owner of the vehicle, may present a sworn written statement contesting the enforcement officer's determination of the abandoned vehicle as public nuisance, in time for consideration at the hearing.

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

(2) NOTICE TO REGISTERED OWNER OF VEHICLE OF INTENTION TO ABATE AND REMOVE AN ABANDONED, DISMANTLED, INOPERATIVE, OR WRECKED VEHICLE OR PARTS THEREOF AS A PUBLIC NUISANCE

(Name and address of last registered owner of record of vehicle—if different than owner of land, notice should be given to both.)

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 11.44 of the Fresno County Ordinance Code has determined that the vehicle (or parts of a vehicle) exist as an abandoned, dismantled, inoperative, or wrecked vehicle at (describe location on public or private property) and constitutes a public nuisance pursuant to the provisions of Chapter 11.44.

You are hereby notified to abate the nuisance by removal of the vehicle (or the parts of a vehicle) within ten (10) days after mailing or personal delivery of this notice set forth below. If you fail to remove the vehicle, it will be abated and removed by the enforcement officer and the costs thereof, together with administrative costs, assessed against you as owner of the vehicle (or parts of a vehicle).

As the registered or legal owner of record of the vehicle (or the parts of a vehicle), you are hereby notified that you may, within ten (10) days after the mailing or personal delivery of this notice, request a public hearing before a county hearing officer pursuant section 1.16.080 of the Ordinance Code of Fresno County. If the county administrative officer does not receive such request for a public hearing by ten (10) days after the date on the Notice,) the enforcement officer shall have the authority to abate or remove said vehicles (or the parts of a vehicle) without a hearing. If a hearing is requested, you may appear in person at a hearing before a county hearing officer to contest the enforcement officer's determination that the abandoned vehicle constitutes a public nuisance. In lieu of a personal appearance, you may present a sworn written statement contesting the enforcement officer's determination that the abandoned vehicle constitutes a public nuisance, in time for consideration at the hearing.

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

(Ord. No. 25-020, § 5, 10-7-2025; Ord. 00-001; Ord. 567, § 1, 1974)

The owner of the vehicle or the owner of the land on which the 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 vehicle or make the costs thereof a charge against the owner of the land, or the owner of the vehicle(s), by filing a written notice requesting such hearing with the county administrative officer before expiration of the time to abate and remove the vehicle as set forth in the notice of intention to abate and remove provided for in Section 11.44.050. If the owner of the land on which the vehicle is located or the owner of the vehicle, if different, submits, within such time period, a sworn written statement denying responsibility for the presence of the vehicle on the land, this statement shall be construed as a request for a hearing that shall not require the presence of the owner submitting the request.

(Ord. No. 25-020, § 5, 10-7-2025; Ord. 00-001; Ord. 567, § 1, 1974)

The procedures set forth in Section 11.44.060 shall be waived if the property owner or the owner of the vehicle, if different, have signed releases authorizing removal of the vehicle and waiving further interest in the vehicle or parts thereof. In addition, a notice of intention to abate is not required before removing the vehicle when all of the following conditions have been met: (1) the vehicle is inoperative due to the absence of a motor, transmission, or wheels and is incapable of being towed, (2) is valued at less than two hundred dollars ($200.00) by a person specified in Section 22855 of the California Vehicle Code, (3) is determined by the enforcement officer to be a public nuisance presenting an immediate threat to public health or safety, and (4) the property owner or the vehicle owner has signed a release authorizing removal and waiving further interest in the vehicle or parts thereof.

(Ord. No. 25-020, § 5, 10-7-2025; Ord. 00-001; Ord. 567, § 1, 1974)

Before final disposition of a low-valued vehicle for which evidence of registration was recovered, the enforcement officer shall provide notice to the registered owner(s) of intent to dispose of the vehicle, or parts thereof that are not claimed and removed within twelve (12) days after notice is mailed or personally served to the owners.

(Ord. No. 25-020, § 5, 10-7-2025; Ord. 00-001; Ord. 567, § 1, 1974)

In the event no request for a hearing is timely received, pursuant to Section 11.44.060, the enforcement officer may proceed to cause the removal of the vehicle and charge the administrative and removal costs to the owner of the land on which the vehicle is located or the owner of the vehicle, if different. In the event a request for a hearing is received, pursuant to Section 11.44.060, the vehicle may not be removed until ten (10) calendar days after mailing or personally delivering notice of the decision of the county hearing officer to all interested persons.

(Ord. No. 25-020, § 5, 10-7-2025; Ord. 00-001; Ord. 567, § 1, 1974)

A. In the event a request for a hearing is timely received, pursuant to Section 11.44.060, 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 vehicle or parts thereof as an abandoned, dismantled, inoperative, or wrecked vehicle, and the assessment of the administrative costs and the costs of removal of the vehicle or parts thereof against the property on which it is located or the owner of the vehicle.

B. Notice of the hearing shall be mailed by registered or certified mail at least ten (10) calendar days before the hearing to the owner of the land and to the owner of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership. Notice of the hearing shall be mailed to the address provided by the owner of the land or the owner of the vehicle as set forth in the request for hearing.

C. The hearing shall be conducted pursuant to the procedures in Chapter 2.81 of this code. The facts and testimony may include testimony on the condition of the vehicle or parts thereof and the circumstances concerning the vehicle's location on the land. The county hearing officer may find that the vehicle is not abandoned, dismantled, inoperative or wrecked within the meaning of Section 11.44.010 and order termination of abatement proceedings.

D. The county hearing officer may impose such conditions and take such other action to carry out the purpose of this chapter. The county hearing officer may extend the stay of the abatement order to give the vehicle owner or the landowner additional time to voluntarily remove the vehicle. At the conclusion of the public hearing, the county hearing officer may find that a vehicle or parts thereof have been abandoned, dismantled, inoperative, or wrecked on the land and direct the abatement and removal of the vehicle as a public nuisance, and dispose of it as provided herein and determine the administrative costs and costs of removal to be charged against the owner of the land or the owner of the vehicle.

E. The county hearing officer shall prepare, and the enforcement officer shall serve the registered or legal owner of the vehicle and the owner of the land with a copy of the findings after the hearing in the form of a written order. Any written order requiring removal shall include a description of the vehicle or parts thereof and the correct identification number and license number of the vehicle, if available at the site. The written order may be served by mail or personal delivery. If it is determined at the hearing that the 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 11.44.130 and Vehicle Code 22661.

(Ord. No. 25-020, § 5, 10-7-2025; Ord. 00-001; Ord. 567, § 1, 1974)

If after hearing the county hearing officer directs the abatement and removal of the vehicle, the owner thereof or the owner of the land may voluntarily remove the vehicle within ten (10) calendar days from the date of the notice of decision, and if it is not so removed, the enforcement officer may proceed to cause its removal.

(Ord. No. 25-020, § 5, 10-7-2025; Ord. 00-001; Ord. 567, § 1, 1974)

The registered vehicle owner, land owner or enforcement officer, as the case may be, may remove the vehicle by placing it so it no longer falls within the definition of an abandoned, dismantled, inoperative, or wrecked vehicle as defined in Section 11.44.010 or by disposal thereof to a scrap yard, automobile dismantler's yard or other final disposition in a manner acceptable to the enforcement officer, to assure that it shall not be reconstructed or made operable. After the vehicle has been removed, it shall not be reconstructed or made operable unless the vehicle qualifies for either horseless vehicle license plates or historical vehicle license plates pursuant to Section 5004 of the Vehicle Code, in which case the vehicle may be made operable. Where the enforcement officer removes the vehicle, the enforcement officer may do so with employees of the County of Fresno, 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, § 5, 10-7-2025; Ord. 00-001; Ord. 567, § 1, 1974)

When the enforcement officer causes a vehicle to be removed as herein provided, the enforcement officer shall within five days after the removal give written notice thereof to the California Department of Motor Vehicles identifying the vehicle, or part thereof, 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 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 vehicle is retained in the dismantler's or commercial enterprise's records. Voluntary removal by the owner of the 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 adhere to the provisions of the Vehicle Code relating thereto.

(Ord. No. 25-020, § 5, 10-7-2025; Ord. 00-001; Ord. 567, § 1, 1974)

The County of Fresno shall collect the cost to the county of removal of vehicles pursuant to the provisions of this chapter as follows:

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

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

C. Where the enforcement officer orders the removal after formal notice, the charge shall consist of the administrative cost of 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 vehicle removal, less the amount, if any, of payment for salvage received.

(Ord. No. 25-020, § 5, 10-7-2025; Ord. 00-001; Ord. 567, § 1, 1974)

A. Where costs have been charged by the County of Fresno or any of its entities, in accordance with Section 11.44.130, 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 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 11.44.130 are not paid in full within fifteen (15) calendar days after service of the abatement 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 of costs demanded pursuant to Section 11.44.130 shall be conducted in accordance with Section 1.16.170 of this code.

E. Any costs demanded in accordance with Section 11.44.130 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 on the violation real property in accordance with the procedures set forth in Section 1.16.170.

(Ord. No. 25-020, § 5, 10-7-2025; Ord. 00-001; Ord. 567, § 1, 1974)

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, § 5, 10-7-2025)