Marin County Municipal Code Ch. 7.56 Abandoned Vehicles

In addition to and in accordance with the determination made and the authority granted by the state of California under Section 22660 of the Vehicle Code to remove abandoned, wrecked, dismantled or inoperative 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 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 parts thereof on private or public property including highways, except as expressly hereinafter permitted, constitutes a public nuisance which may be abated as such in accordance with the provisions of this chapter.

(Ord. 3107 § 1, 1992: Ord. 2298 § 1 (part), 1977: Ord. 2061 § 1 (part), 1973)

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

(a) "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 streets.

(b) "Owner of land" means the owner of the land on which the vehicle, or parts thereof, is located, as shown on the last equalized assessment roll.

(c) "Owner of the vehicle" means the last registered owner and legal owner of record.

(d) "Public property" includes "highway."

(e) "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.

(Ord. 3107 § 2, 1992: Ord. 2298 § 1 (part), 1977: Ord. 2061 § 1 (part), 1973)

This chapter shall not apply to:

(a) A vehicle or parts 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 parts 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 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 the provisions of law other than Chapter 10 (commencing with Section 22650) of Division 11 of the Vehicle Code and this chapter.

(Ord. 2298 § 1 (part), 1977: Ord. 2061 § 1 (part), 1973)

This chapter 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, statutes and ordinances heretofore or hereafter enacted by the county, the state, or any other legal entity or agency having jurisdiction.

(Ord. 2298 § 1 (part), 1977: Ord. 2061 § 1 (part), 1973)

Except as otherwise provided in this chapter, the provisions of this chapter shall be administered and enforced by the California Highway Patrol and/or the Marin County sheriff's office pursuant to Section 22660 of the California Vehicle Code. In the enforcement of this chapter, such officer and any other duly authorized person may enter upon private or public property to examine a vehicle or parts thereof, or obtain information as to the identity of a vehicle (and to remove or cause the removal of a vehicle or parts thereof) declared to be a nuisance pursuant to this chapter.

(Ord. 3107 § 3, 1992: Ord. 2298 § 1 (part), 1977: Ord. 2061 § 1 (part), 1973)

Upon discovering the existence of an abandoned, wrecked, dismantled or inoperative vehicle or parts thereof, on private property or public property within the county, the California Highway Patrol and/or the county sheriff's office shall have the authority to cause the abatement and removal thereof in accordance with the procedure prescribed in this chapter.

(Ord. 3107 § 4, 1992: Ord. 2298 § 1 (part), 1977)

A ten-day notice of intention to abate and remove the vehicle or parts thereof as a public nuisance shall be mailed by registered or certified mail 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 the ownership or unless the property owner and the owner of the vehicle have signed releases authorizing removal and waiving further interest in the vehicle or part thereof.

(Ord. 2298 § 1 (part), 1977)

Within ten days from the mailing date of the notice of intention to abate and remove, the owner of the vehicle or the owner of the land receiving such notice may request a public hearing to be held by the deputy zoning administrator on the question of abatement and removal of the vehicle or parts thereof as an abandoned, wrecked, dismantled or inoperative vehicle.

If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle on his land within such ten-day period, said statement shall be construed as a request for a hearing which does not require his presence. Notice of the hearing shall be mailed by registered or certified mail at least ten 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. If such a request for hearing is not received within ten days after mailing of the notice of intention to abate and remove, the California Highway patrol or other duly authorized person shall have the authority to abate and remove the vehicle or parts thereof as a public nuisance without holding a public hearing.

(Ord. 2298 § 1 (part), 1977)

All hearings under this chapter shall be held before the deputy zoning administrator, who shall hear all facts and testimony he deems pertinent. Said facts and testimony may include testimony on the condition of the vehicle or parts thereof and the circumstances concerning its location on the private property or public property. The deputy zoning administrator shall not be limited by the technical rules of evidence. The owner of the land may appear in person at the hearing or present a sworn written statement in time for consideration at the hearing and deny responsibility for the presence of the vehicle on the land with his reasons for such denial.

The deputy zoning administrator may impose such conditions and take such other action as he deems appropriate under the circumstances to carry out the purpose of this chapter. He may delay the time for removal of the vehicle or parts thereof, if in his opinion, the circumstances justify it. At the conclusion of the public hearing, the deputy zoning administrator may find that a vehicle or parts thereof have 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 provided in Section 7.56.110 and determine the administrative costs and the cost of removal to be charged against the owner of the parcel of land on which the vehicle or part thereof is located. The 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.

If it is determined at the hearing that the vehicle was placed on the land without the consent of the landowner and that he has not subsequently acquiesced in its presence, the deputy zoning administrator shall not assess costs of administration or removal of the vehicle against the property upon which the vehicle is located or otherwise attempt to collect such costs from such landowner.

If an interested party makes a written presentation to the deputy zoning administrator but does not appear, he shall be notified in writing of the decision.

(Ord. 2298 § 1 (part), 1977)

Any interested party may appeal the decision of the deputy zoning administrator by filing a written notice of appeal with the deputy zoning administrator within five days after his decision.

Such appeal shall be heard by the board of supervisors which may affirm, amend or reverse the order or take other action deemed appropriate.

The clerk shall give written notice of the time and place of the hearing to the appellant and those persons specified in this chapter.

In conducting the hearing, the board of supervisors shall not be limited by the technical rules of evidence.

(Ord. 2298 § 1 (part), 1977)

Vehicle(s) or parts thereof may be disposed of by removal to a scrap yard or automobile dismantler's yard when releases authorizing removal and waiving further interest in said vehicle have been signed by the owners; or when there is no reply to the notice of intent to abate at the end of the ten-day waiting period; or the hearing officer decides the vehicle is to be removed and no appeal is made; or after appeal has been declared in favor of removal. After a vehicle has been removed, it shall not thereafter be reconstructed or made operable unless it is a vehicle which qualifies either for horseless carriage license plates or historical vehicle license plates, pursuant to CVC Section 5004, in which case the vehicle may be reconstructed or made operable.

(Ord. 2313 § 2, 1977: Ord. 2298 § 1 (part), 1977)

It is required that notice be given to the Department of Motor Vehicles within five days after the date of removal, identifying the vehicle or part thereof and any evidence of registration available, including, but not limited to, the registration card, certificates of ownership, or license plates. Notice of the removal shall be given to the Department of Justice pursuant to the provisions of the Vehicle Code Section 22853.

(Ord. 3107 § 5, 1992: Ord. 2313 § 2, 1977: Ord. 2298 § 1 (part), 1977)

If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to Section 7.56.090 are not paid within thirty days of the date of the order, or the final disposition of an appeal therefrom, such costs shall be assessed against the parcel of land pursuant to Section 25845 of the Government Code and Section 22523 of the Vehicle Code and shall be transmitted to the tax collector for collection. Said assessment shall have the same priority as other county taxes.

(Ord. 3107 § 6, 1992: Ord. 2298 § 1 (part), 1977: Ord. 2061 § 1 (part), 1973)