Kern County Municipal Code Ch. 10.28 Abandoned, Wrecked, Dismantled or Inoperative Vehicles

This chapter shall hereinafter be cited as the Kern County abandoned, wrecked, dismantled or inoperative (WDI) vehicles ordinance, and is enacted pursuant to State of California Vehicle Code Sections 22506 and 22660. This chapter shall be administered by the public official or the sheriff of the county of Kern or designees.

(Ord. No. G-7276 § 2, 2005; Ord. No. G-6530 § 9 (part), 1998)

It is the purpose of this chapter to establish procedures by which abandoned, wrecked, dismantled or inoperative vehicles or parts thereof, as public nuisances or as a threat to public safety, may be removed or caused to be removed from private or public property, and to provide for the recovery of costs of administration and removal.

(Ord. No. G-6530 § 9 (part), 1998)

For purposes of this chapter, the following words or phrases shall have the meaning ascribed thereto:

A. "Abandoned vehicle" means any automobile, truck, trailer, recreational vehicle, water craft (on or off its hauler), or vehicle defined in the Vehicle Code of the state of California, left for a period of seventy-two (72) or more consecutive hours upon: 1) any street or highway within the unincorporated area of the county, with the exception of state highways, or 2) private property without the private property owner's consent.

B. "Hearing officer" means the public official, sheriff or designees, but in no case shall be the employee that issued the notice and order to remove or abate nor any employee from the same department as that employee who issued the notice and order.

C. "Major repair" means the removal and/or replacement from any vehicle of a major portion thereof including but not limited to the motor, transmission, differential or wheels.

D. "Motor vehicle" means a vehicle which is self-propelled.

E. "Public official" means the building official or designee.

F. "Vehicle" means any device by which any person or property may be propelled, moved or drawn upon a highway, off road or in the water or through the air, including but not limited to cars, trucks, airplanes, motor homes, recreational vehicles, trailers, water craft (on or off its hauler) excepting a device intended to be moved exclusively by human power.

G. "Wrecked, dismantled or inoperative vehicle" means: 1) a vehicle or any significant collection of vehicle parts incapable of movement or being hauled by the means for which it was designed with its own power or otherwise and will remain so without major repair or assembly, or 2) such vehicle, not having all licenses required by the state of California to be driven, hauled, operated, or ridden legally on the county, city, or state roadways, off-road areas or on any waterways or in the air. Such an item shall be referred to in this chapter as a "WDI vehicle."

(Ord. No. G-7276 §§ 3—5, 2005; Ord. No. G-6530 § 9 (part), 1998)

A. Notwithstanding any other provision of this code, it is unlawful for any person to maintain an abandoned vehicle, WDI vehicle or part thereof on public or private property, in such a manner that all or any part of the vehicle is visible to a person of average height standing on the ground surface and not on any structure on any public or private property or road right-of-way adjacent to the property, except that one WDI vehicle may be kept on a parcel of property only if: 1) the parcel is developed with a permitted residence or structure; 2) such vehicle is completely intact with no noticeable parts missing; and 3) there is not a significant accumulation of exposed rust on the WDI vehicle. In cases where one or more visible parts are missing or broken, or the WDI vehicle has visible rust on more than ten percent (10%) of the surface area, the permitted vehicle must be covered by a secured, approved, intact, opaque vehicle cover in good condition manufactured to fit that vehicle. No detached vehicle parts or vehicle repair equipment may be visible, except for such times as one or more persons are present and working on such WDI vehicle. Any such vehicle shall be parked on a paved surface at all times. The requirement for a vehicle to be parked on a paved surface shall be waived when the public official determines that: 1) fluids or other potential sources of contamination are not likely to leak or have not been leaking from the vehicle; 2) the vehicle is stored in a neat, orderly manner, and 3) weeds and/or grass continue to be adequately maintained under and around the vehicle such that they do not exceed six (6) inches in height at any time.

B. Wrecked, dismantled or inoperative mobilehomes, commercial coaches, office trailers, railroad cars, cargo containers, semi-trucks and commercial trailers or heavy duty farm and industrial equipment are only allowed where determined to be accessory to a legal non-residential use on the site.

C. This chapter shall not apply to any WDI vehicle completely enclosed within a structure or where the WDI vehicle is not visible from the street or other adjacent public or private property, or to any WDI vehicle or part thereof which is stored or parked on private property accessory to a legal use business of a licensed dismantler, licensed vehicle dealer, lawful junkyard, vehicle repair business, school training program, or other legal commercial or industrial use or to any WDI vehicle permitted under a valid lease, license or other permit issued by the county.

D. Subject to the express exceptions set forth in Subsection (B) of this section, vehicles in violation of this section are declared to be a nuisance subject to abatement and removal in accordance with the procedures specified in this chapter. This remedy is in addition to any other provided by law, including penalty provisions applicable for violations of provisions of this chapter.

(Ord. No. G-7276 § 7, 2005; Ord. No. G-6530 § 9 (part), 1998)

A. Prior to removal of a wrecked, dismantled or inoperative vehicle or part thereof located upon any property, the public official shall issue a thirty (30) day notice and order of intention to abate and remove such a vehicle or part thereof as a public nuisance unless the property owner and owner of such a vehicle have signed releases authorizing removal and waiving further interest in such a vehicle or part thereof.

B. For property zoned for agricultural use or not improved with a residential structure, no such notice and order shall be required for removal of such a vehicle or part thereof which is inoperable due to the absence of a motor, transmission, or wheels and incapable of being towed, is valued at less than two hundred dollars ($200.00) by a person specified in Section 22855 of the state of California Vehicle Code, and is determined by the public official to be a public nuisance presenting an immediate threat to public health or safety, provided that the property owner has signed a release authorizing removal and waiving further interest in such a vehicle or part thereof. Prior to final disposition under Section 22662 of the state of California Vehicle Code of such a low-valued vehicle or part thereof for which evidence of registration was recovered, the public official shall provide notice to the registered and legal owners of intent to dispose of such a vehicle or part thereof, and if such a vehicle or part thereof is not claimed and removed within thirty (30) days after the notice is mailed, from a location specified in Section 22662, final disposition may proceed. Neither the county nor any contractor of the county shall be liable for damage caused to such a vehicle or part thereof by removal pursuant to this section.

C. The thirty (30) day notice and order of intention to abate and remove such a vehicle or part thereof, when required by this section, shall contain a statement of the hearing rights of the owner of the property on which such a vehicle is located and of the owner of such a vehicle. The statement shall include notice to the property owner that he may appear in person at a hearing or may submit a sworn written statement denying responsibility for the presence of such a vehicle on the land, with his reasons for such denial, in lieu of appearing. The notice and order of intention to abate shall be 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 such a vehicle is in such condition that identification numbers are not available to determine ownership.

(Ord. No. G-6530 § 9 (part), 1998)

A. The public hearing referenced in Section 10.28.050(C) shall be held before the board of supervisors upon request for such a hearing by the owner of a wrecked, dismantled or inoperative vehicle or the owner of the land on which such vehicle is located. This request shall be made to the public official within thirty (30) days after the mailing of notice and order of intention to abate and remove such a vehicle or at the time of signing a release pursuant to Section 10.28.050(B). Upon receipt of such request, the public official shall set a hearing date and provide notice thereof pursuant to 10.28.050(C). If the owner of the land on which such a vehicle is located submits a sworn written statement denying responsibility for the presence of such a vehicle on his land within such time period, this statement shall be construed as a request to waive the hearing, if the public official determines the owner is not responsible for the removal of the WDI vehicles. If such a request for a hearing is not received within such period, the public official shall have the authority to remove such a vehicle upon authorization of a department head.

B. The owner of the land on which such a vehicle is located may appear in person at the hearing or present a sworn written statement denying responsibility for the presence of such a vehicle on the land, with his reasons for such denial. If it is determined at the hearing or at any time by the public official based upon such evidence without a hearing that such a vehicle was placed on the land without the consent of the landowner and that he has not subsequently acquiesced in its presence, then the county shall not thereafter assess costs of administration or removal of such a vehicle against the property upon which such a vehicle is located or otherwise attempt to collect such cost from such owner.

C. The person appealing has the burden to show that the abandoned, wrecked, dismantled or inoperative vehicle does not constitute a nuisance or that he is not responsible for such a vehicle.

D. The board of supervisors shall hear the appeal and may affirm, amend or repeal the order of abatement or removal. The person appealing shall have ten (10) days from the date of service of the order of the board of supervisors affirming or amending the order of abatement or removal to proceed to abate or remove such a vehicle. Service of such an order of the board of supervisors shall be made on the appellant by personal service or by first class mail postage prepaid to the appellant's last known mailing address. Service shall be deemed complete on the day after deposit in the United States mail.

(Ord. No. G-7276 § 8, 2005; Ord. No. G-6553 § 10, 1998: Ord. No. G-6530 § 9 (part), 1998)

A. Any interested party may request a permit to retain additional WDI vehicles by filing a written request for a permit to retain WDI vehicles identifying the property, stating the number of vehicles, length of time and type of WDI vehicles being requested to be allowed to remain on a parcel of property, with the code compliance division of the engineering and survey services department. The filing of such request for permit shall stay the effectiveness of any order of abatement or removal until the request has been decided by the planning director, acting generally under the procedures in Article III of Chapter 19.102 of the Kern County Ordinance Code and upon the findings in Chapter 19.104, and subject to the fees therefor. A request for a permit to retain WDI vehicles is not deemed filed until it is delivered to the headquarters of the code compliance division along with the appropriate filing fee.

B. The person filing the request for permit has the burden to show the WDI vehicle(s) will not or do not constitute a nuisance.

C. The planning director, in consideration of the permit, shall also find that: 1) the requested permit is not detrimental to the surrounding properties, 2) the property has been and is likely to be maintained free of trash, weeds and debris, 3) the storage circumstances of the WDI vehicles does not create a hazard.

D. If a permit request has been denied and a second request is filed without any significant change in circumstances, the order of abatement or removal shall not be stayed during the pendency of the decision on the second or any subsequent permit applications.

(Ord. No. G-7276 § 9, 2005)

After a wrecked, dismantled or inoperative vehicle has been removed, it shall not be reconstructed or made operable, unless it is a vehicle which qualifies for either horseless carriage license plates or historical vehicle license plates, pursuant to Section 5004 of the California Vehicle Code, in which case such a vehicle may be reconstructed or made operable.

(Ord. No. G-6530 § 9 (part), 1998)

The public official shall give notice to the Department of Motor Vehicles within five (5) days after the date of a removal, identifying such a vehicle or part thereof and any evidence of registration available, including, but not limited to, the registration card, certificates of ownership, or license plates.

(Ord. No. G-6530 § 9 (part), 1998)

Recovery of abatement expenses shall be the same as that found in Sections 8.44.130 through 8.44.180.

(Ord. No. G-6530 § 9 (part), 1998)

Editor's note— Ord. No. G-8464, § 2, adopted March 4, 2014, repealed § 10.28.110 which pertained to parking on county ways and derived from Ord. No. G-6530, § 9(part), adopted in 1998.

Editor's note— Ord. No. G-8464, § 2, adopted March 4, 2014, repealed § 10.28.120 which pertained to parking on state highways and derived from Ord. No. G-6530, § 9(part), adopted in 1998, and Ord. No. G-7276, § 10, adopted in 2005.

Editor's note— Ord. No. G-8464, § 2, adopted March 4, 2014, repealed § 10.28.130 which pertained to removal by sheriff and derived from Ord. No. G-6530, § 9(part), adopted in 1998.

Editor's note— Ord. No. G-8464, § 2, adopted March 4, 2014, repealed § 10.28.140 which pertained to post-storage hearing and derived from Ord. No. G-6530, § 9(part), adopted in 1998, and Ord. No. G-7276, § 11, adopted in 2005.

Editor's note— Ord. No. G-8464, § 2, adopted March 4, 2014, repealed § 10.28.150 which pertained to notice to department of justice and derived from Ord. No. G-6530, § 9(part), adopted in 1998.

Each responsible party in violation of Section 10.28.040 shall be subject to administrative penalties in accordance with Chapter 8.54 of the Kern County code.

(Ord. No. G-6530 § 9 (part), 1998)