Mariposa County Municipal Code § 8.32 Health And Safety

In addition to and in accordance with the determination made and the authority granted by the state pursuant to the provisions of section 22660 of the Vehicle Code of the state 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, not 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 part thereof, on private or public property, not including highways, except as expressly permitted by the provisions of this chapter, is a public nuisance which may be abated as such in accordance with the provisions of this chapter.

HISTORY

Adopted by Ord. 472 Sec. 1.01 on 1/17/1978 8.32.020 Definitions

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

1. "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 and road.

2. "Public property" shall not include "highway."

3. "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.

HISTORY

Adopted by Ord. 472 Sec. 1.02 on 1/17/1978 8.32.030 Exceptions

1. The provisions of this chapter shall not apply to:

   1. A vehicle, or part thereof, that 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

   2. A vehicle, or part thereof, that is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, licensed vehicle dealer, a junkyard, or when such storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise.

2. The provisions of this section shall not authorize the maintenance of a public or private nuisance as defined pursuant to provisions of law other than Chapter 10 (commencing with section 22650) of Division 11 of the Vehicle Code of the state and this chapter.

HISTORY

Adopted by Ord. 472 Sec. 1.03 on 1/17/1978 Amended by Ord. 901 Sec. 1 on 6/25/1996 8.32.040 Provisions Not Exclusive

The provisions of this chapter are not the exclusive regulation of abandoned, wrecked, dismantled, or inoperative vehicles within the county. The provisions of this chapter shall supplement and be in addition to the other regulatory codes, statutes, and laws heretofore or hereafter enacted by the county, the state, or any other legal entity or agency having jurisdiction.

HISTORY

Adopted by Ord. 472 Sec. 1.04 on 1/17/1978 8.32.050 Administration And Enforcement

Except as otherwise provided in this chapter, the provisions of this chapter shall be administered and enforced by the sheriff of Mariposa county. In the enforcement of the provisions of this chapter, the sheriff and his deputies 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 part thereof, declared to be a nuisance pursuant to the provisions of this chapter.

HISTORY

Adopted by Ord. 472 Sec.1.05 on 1/17/1978 8.32.060 Right Of Entry Of Certain Persons

When the county has contracted with any person, such person shall be authorized to enter upon private property or public property to remove, or cause the removal of, a vehicle, or parts thereof, declared to be a nuisance pursuant to the provisions of this chapter.

HISTORY

Adopted by Ord. 472 Sec. 1.06 on 1/17/1978 Amended by Ord. 901 Sec. II on 6/25/1996 8.32.070 Administrative Costs

The board of supervisors shall from time to time determine and fix an amount to be assessed as administrative costs (excluding the actual costs of the removal of any vehicle, or part thereof) for the purposes of administering the provisions of this chapter.

HISTORY

Adopted by Ord. 472 Sec. 1.07 on 1/17/1978 8.32.080 Notice Of Intent To Abate And Remove Vehicle--Hearings

1. When in the discretion of the county department charged with enforcement of this chapter it is determined that a vehicle violates the conditions contained in this chapter, the department shall mail, by registered or certified mail, a ten (10) day written notice of intention to abate and remove a vehicle or part thereof to the owner of the land as shown on the last equalized assessment roll and to the last registered and legal owner of record of the vehicle unless the vehicle is in such condition that an identification number is not available to determine ownership. The notice shall include notice to the property owner that he or she 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 or her reasons for such denial, in lieu of appearing. The notice shall additionally 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. A copy of this chapter shall suffice as the statement of the hearing rights. The board of supervisors shall hold a hearing pursuant to section 8.32.090 below if within ten (10) days after mailing of the notice of intention to abate and remove the vehicle, the owner of the property wherein the vehicle is located or the owner of the vehicle requests such hearing. The request shall be made to the department charged with the enforcement of this chapter. If the owner of the land on which the vehicle is located submits a sworn written statement denying responsibility for the presence of the vehicle on his or her land within the ten (10) day time period, the written statement shall be construed as a request for hearing that does not require the presence of the owner submitting the sworn statement. If the request for hearing is not received within the time period as above-described, the board of supervisors shall have the authority to remove the vehicle or have the vehicle removed without a public hearing or any hearing.

2. On parcels that are zoned for agricultural use or are not improved with a residential structure containing one or more dwelling units, the ten (10) day notice of intention to abate and remove the vehicle or part thereof as a public nuisance shall not be required if the property owner and the owner of the vehicle have signed releases authorizing removal and waiving further interest in the vehicle or part thereof. Additionally, the notice of intention is not required for removal of a vehicle or part thereof that is inoperable due to the absence of a motor, transmission, or wheels and incapable of being towed, and is valued at less than $200 by persons specified in California Vehicle Code section 22855 and is determined by the department charged with enforcing this chapter 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 the vehicle or part thereof.

Prior to final disposition of a vehicle or part thereof pursuant to Vehicle Code section 22662 of a vehicle valued below $200 as above-described for which evidence of registration was recovered, the department charged with enforcement of this chapter shall provide notice to the registered and legal owner of the vehicle or part thereof of intent to dispose of the vehicle or part thereof and if the vehicle or part thereof is not cleaned and removed within twelve (12) days after the notice is mailed, final disposition may proceed.

HISTORY

Adopted by Ord. 472 Sec. 1.08 on 1/17/1978

Amended by Ord. 901 Sec. III & IV on 6/25/1996 8.32.090 Hearings--Testimony

The owner of the land on which the vehicle is located 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.

HISTORY

Adopted by Ord. 472 Sec. 1.09 (part) on 1/17/1978 Amended by Ord. 901 Sec. V on 6/25/1996 8.32.100 Hearings--Board Action

The board may impose such conditions and take such other action as it deems appropriate under the circumstances to carry out the purposes of this chapter. The board may delay the time for removal of the vehicle, or part thereof, if in its opinion the circumstances so justify. At the conclusion of the public hearing, the board may find that a vehicle, or part thereof, has 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 this chapter and determine the amount of any administrative costs and the costs of removal to be charged against the owner of the parcel of land on which the vehicle, or part thereof, is located or charged against the owner of the vehicle or vehicles, if known. The order requiring removal shall include a description of the vehicle, or part thereof and the correct identification number and license number of the vehicle if available at the site.

HISTORY

Adopted by Ord. 472 Sec. 1.09 (part) on 1/17/1978 Amended by Ord. 901 Sec. VI on 6/25/1996

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 board 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. Nothing contained herein shall prohibit the board from collecting the costs of administration and/or removal of the vehicle from the owner of the vehicle.

HISTORY

Adopted by Ord. 472 Sec. 1.09 (part) on 1/17/1978 Amended by Ord. 901 Sec. VII on 6/25/1996 8.32.120 Hearings--Decision

If an interested person makes a written presentation to the board but does not appear, such person shall be notified in writing of the decision.

HISTORY

Adopted by Ord. 472 Sec. 1.09 (part) on 1/17/1978 8.32.130 Removal Of Vehicle--When

Five days after the adoption of the order declaring the vehicle, or part thereof, to be a public nuisance, or five (5) days from the date of mailing of the notice of the decision, if such notice is required by the provisions of section 8.32.090 through 8.32.120, the vehicle, or part thereof, may be disposed of by removal to a scrapyard

or automobile dismantler's yard. After a vehicle has been removed, it shall not thereafter be reconstructed or made operable, unless it is a vehicle that qualifies for either horseless carriage license plates or historical vehicle license plates pursuant to California Vehicle Code section 5004; in such case, the vehicle may be reconstructed or made operable.

HISTORY

Adopted by Ord. 472 Sec. 1.10 on 1/17/1978 Amended by Ord. 901 Sec. VIII on 6/25/1996 8.32.140 Removal Of Vehicle--Notice

Within five (5) days after the date of removal of the vehicle, or part thereof, notice shall be given to the California Department of Motor Vehicle identifying the vehicle, or part thereof, removed. At the same time there shall be transmitted to the Department of Motor Vehicles any evidence of registration available, including registration card, certificates of ownership, or license plates.

HISTORY

Adopted by Ord. 472 Sec. 1.11 on 1/17/1978 Amended by Ord. 901 Sec. IX on 6/25/1996 8.32.150 Removal Of Vehicle--Assessment Of Costs

If the administration costs and the costs of removal which are charged against the owner of a parcel of land pursuant to the provisions of section 8.32.090 through 8.32.120 are not paid within thirty days from the date of the order, such costs shall be assessed against the parcel of land pursuant to the provisions of section 25845 of the Government Code of the state and shall be transmitted to the tax collector for collection. Such assessment shall have the same priority as other county taxes.

HISTORY

Adopted by Ord. 472 Sec.1.12 on 1/17/1978 8.36 Solid Waste Disposal 8.36.010 Purpose 8.36.020 Definitions