Lake County Municipal Code § 33.2 Service of Notice

This article is not the exclusive regulation of abandoned, wrecked, dismantled or inoperative vehicles within the unincorporated area of the County. It shall supplement and be in addition to the other regulatory codes, and statutes heretofore or hereafter enacted by the County, and State, or any other legal entity or agency having jurisdiction.

(Ord. No. 2927, § 1, 7-13-2010)

a. The term "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.

b. The term "highway" means a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. Highway includes street.

c. The term "public property" does not include "highway."

d. The term "owner of the land" means the owner of the land on which the vehicle, or parts thereof, is located, as shown on the last equalized assessment roll.

e. The term "owner of the vehicle" means the last registered owner and legal owner of record.

f. The term "public nuisance vehicle" is any vehicle that is abandoned, wrecked, dismantled, or any inoperative parts thereof; 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.

g. The term "abandoned vehicle" means any vehicle that is considered to be "abandoned" if it is left on public property, or private property in such inoperable or neglected condition that the owner's intention to relinquish all further rights or interest in it may be reasonably concluded.

h. The term "wrecked vehicle" means any vehicle that is damaged to such an extent that it cannot be operated upon the highway.

i. The term "dismantled vehicle" refers to any vehicle that is partially or wholly disassembled.

j. The term "inoperable vehicle" refers to any motor vehicle that cannot be moved under its own power due to a lack of motor, transmission, or wheels and incapable of being towed.

k. The term "vehicle of historic value" refers to the following:

(1) A motor vehicle with an engine of six (6) or more cylinders manufactured prior to 1965.

(2) A motor vehicle manufactured in the year 1922 or prior thereto.

(3) A vehicle which was manufactured after 1922, is at least twenty-five (25) years old, and is of historic interest.

(Ord. No. 2927, § 1, 7-13-2010)

a. A vehicle or part thereof which is completely enclosed within a building 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 dismantler, licensed vehicle dealer, a junk yard, or when such storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise.

c. A vehicle, or parts thereof, located behind a solid fence six (6) feet in height where it is not visible from the street or other public or private property.

(1) The vehicle or part is valued at less than two hundred dollars ($200.00) by a person specified in Vehicle Code Section 22855, and

(2) The vehicle or part is determined to be a public nuisance presenting an immediate threat to public health or safety, and

(3) The property owner has signed a release authorizing removal and waiving further interest in the vehicle or part, and

(4) The inoperable vehicle is located upon a parcel that is (a) zoned for agricultural use, or (b) not improved with a residential structure containing one or more dwelling units.

(Ord. No. 2927, § 1, 7-13-2010)

The notice of intention to abate and remove shall contain a statement of the following:

a. The hearing rights of the owner of the property on which the vehicle or part is located; and

b. The hearing rights of the owner of the vehicle or part; and

c. 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 the vehicle on the land, with his reasons for such denial, in lieu of appearing.

a. The notice of intention to abate and remove 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 owners of record of the vehicle unless the vehicle or part is in such condition that identification numbers are not available to determine ownership. The notice of intention to abate and remove may also be served in person by a designated employee. When personal service is utilized, the owner of the land or vehicle shall acknowledge service by signature.

b. If the vehicle or part to be abated is located on private property, the notice of intention to abate and remove shall be posted conspicuously in front of the property, or if the property has no frontage upon any street or highway, then upon the portion of the property nearest to a street or highway most likely to give actual notice to the owner and any person in possession of the property.

(Ord. No. 2927, § 1, 7-13-2010)

a. The mailing of the notice of intention to abate and remove; or

b. Personal service of such notice.

Upon the failure, neglect or refusal to comply with an abatement order and the failure to timely appeal said order within the prescribed time period, the designated employee or officer shall abate and remove the vehicle or part and collect the costs of abatement as prescribed in Article I herein or in any other manner allowed by law.

(Ord. No. 2927, § 1, 7-13-2010)

Written notice shall be given to the Department of Motor Vehicles within five (5) days after the date of removal. Such notice shall identify the vehicle or part and any evidence of registration available, including, but not limited to, the registration card, certificates of ownership, or license plates.

(Ord. No. 2927, § 1, 7-13-2010)

Prior to final disposition under California Vehicle Code Section 22662 of a vehicle or part removed without notice pursuant to Section 13-31 [herein] for which evidence of registration was recovered, notice of intent to dispose of the vehicle or part shall be mailed to the registered and legal owners of such vehicle or part. If the vehicle or part is not claimed and removed within ten (10) days after notice is mailed, from a location specified in said notice, final disposition may proceed.

(Ord. No. 2927, § 1, 7-13-2010)

Any vehicle or part removed pursuant to this chapter may be disposed of by removal to a scrap yard or licensed automobile dismantler's yard or other final disposition consistent with this chapter. The Director of Community Development, the Director's designee, and/or any licensed independent contractor retained by the Director shall not be liable for damage caused to a vehicle or part thereof by removal pursuant to this section.

(Ord. No. 2927, § 1, 7-13-2010)