Mendocino County Municipal Code Ch. 15.28 Abandoned Vehicles

It shall be unlawful and an infraction for any person to abandon, park, store, or leave or permit the abandonment, parking, storing, or leaving of any licensed or unlicensed vehicle or part thereof which is in an abandoned, wrecked, dismantled, or inoperative condition upon any private property or public property for a period in excess of ten (10) days unless such vehicle or part thereof is completely enclosed within a building in a lawful manner or is located behind a solid fence six (6) feet in height where it is not plainly visible from the street or other public or private property or, unless such vehicle is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, licensed vehicle dealer, or a junkyard.

(Ord. No. 3770, adopted 1991.)

The presence of an abandoned, wrecked, dismantled, or inoperative vehicle or part thereof on private or public property 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 public health, safety and general welfare. Therefore, the presence of such vehicles, or a part thereof, on private or public property as defined in this Chapter, and except as expressly permitted in this Chapter, is declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this Chapter and Sections 22660 and 22661 of the California Vehicle Code.

(Ord. No. 3770, adopted 1991.)

Except as otherwise provided in this Chapter, the provisions of this Chapter shall be administered and enforced by the Director of Planning and Building Services of Mendocino County or other officials of the Planning and Building Services Department as designated by the Director.

(Ord. No. 3770, adopted 1991.)

When the enforcing officer has reason to believe or observes that the accumulation and the storage of abandoned, wrecked, dismantled or inoperative vehicles or parts thereof on public or private property constitutes a public nuisance as described in Section 15.28.020, he shall immediately investigate the same. In the performance of such investigation, the enforcing officer may enter upon private or public property to examine a vehicle or parts thereof and to obtain information as to the identity and the ownership thereof.

(Ord. No. 3770, adopted 1991.)

If the enforcing officer determines from an investigation that a public nuisance exists, then the enforcing officer shall serve or cause to be served, either by personal service or by registered or certified mail, a copy of a notice of vehicle abatement upon every person concerned, including the owner of the property on which the alleged public nuisance exists, as shown on the last equalized assessment roll, and the last known registered and legal owner of the subject vehicle if the identification numbers are available to determine ownership. If a notice sent by registered or certified mail is returned unclaimed, a subsequent notice sent by first-class mail, postage prepaid, to the last known address of the party concerned shall be sufficient and such notice shall be effective upon mailing. The failure of any person to receive such notice shall not affect in any manner the validity of the proceedings taken under this chapter.

(Ord. No. 3770, adopted 1991.)

The notice of vehicle abatement served pursuant to Section 15.28.050 shall contain the following information:

(A) The findings, in brief, that the vehicle constitutes a public nuisance;

(B) That it is the intention of the enforcing officer to abate the vehicle(s) on the premises, as described, fifteen (15) days from service of the notice of vehicle abatement, and that the costs of removal may be assessed against the owner or other person in possession of the parcel of land on which the vehicle or parts thereof are located or against the last registered owner of the vehicle, or against them jointly;

(C) A common description of the premises by address or assessor's parcel number and a description of the vehicles, including license numbers and identification numbers if these are available on the vehicles;

(D) That the owner of the property or any owner of the vehicles may, within ten (10) days of receipt of the notice, file a written request for a hearing before the Board of Supervisors, or such person as the Board of Supervisors may designate to hear the matter, to show any cause why the vehicles should not be abated by the enforcing officer;

(E) That the owner of the property on which the vehicles are located may either appear at a hearing or present a sworn statement denying responsibility for the presence of the vehicles and giving the reasons for the denial, and that such statement shall be deemed a request for a hearing not requiring the presence of the requestor.

(Ord. No. 3770, adopted 1991.)

(A) All hearings under this Chapter shall be held before the Board of Supervisors, or any person designated to hear the matter, who may hear all the relevant evidence pertaining to the alleged public nuisance, including testimony on the condition of the vehicle or parts thereof, the circumstances concerning its location on the private or public property, and the costs of removal and disposal. The Board of Supervisors shall not be limited by the technical rules of evidence.

After the conclusion of the hearing, the Board of Supervisors may:

(1) Impose such conditions and take such other action as it deems appropriate under the circumstances to carry out the purposes of this Chapter;

(2) Delay the time for removal of the vehicle or parts thereof;

(3) Find that the vehicle or parts 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 hereinafter provided; and determine the administrative costs and the cost of removal and charge the same against the owner or other person in possession of the parcel of land on which the vehicle or parts thereof is located, or against the owner of the vehicles, or against them jointly. Any such order requiring removal shall include a description of the vehicle or parts thereof, and the correct identification number and license number of the vehicles if available at the site.

(B) If it is determined at the hearing that the vehicle was placed on the land without the consent of the landowner and that the landowner has not subsequently acquiesced in its presence, the Board of Supervisors shall not charge the costs of administration or of removal of the vehicle against the property upon which the vehicle is located or otherwise attempt to collect such costs from such landowner.

(Ord. No. 3770, adopted 1991.)

When the Board of Supervisors has contracted with or granted a franchise to any person or persons such person or persons in addition to the enforcing officer 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 under this Chapter.

(Ord. No. 3770, adopted 1991.)

After a finding has been made by the enforcing officer that any vehicle or parts thereof is a public nuisance under this Chapter and if no hearing has been requested pursuant to Section 15.28.060(D), or if the Board of Supervisors after a hearing so orders, the vehicle or parts may be disposed of by removal to a scrap yard or automobile dismantler's yard, or to any suitable site operated by a local agency for processing as scrap, or other final disposition consistent with this section. After removal, a vehicle shall not be reconstructed or made operative unless it is a vehicle that qualifies as a horseless carriage or historic vehicle pursuant to Section 5004 of the California Vehicle Code.

(Ord. No. 3770, adopted 1991.)

Within five (5) days after the date of removal of the vehicle or parts thereof, notice shall be given to the Department of Motor Vehicles identifying the vehicle or parts thereof removed. At the same time, there shall be transmitted to the Department of Motor Vehicles any evidence of registration available, including registration certificate, certificate of title, and license plates.

(Ord. No. 3770, adopted 1991.)

(A) The Board of Supervisors may from time to time determine and set an amount to be assessed as administrative costs, excluding the actual cost of removal of a vehicle or parts thereof under this Chapter. The enforcing officer shall determine the cost of removal and charge the same against the owner or other person in possession of the parcel of land on which the vehicle or parts thereof are located or against the last registered owner of the vehicle, or against them jointly. If the administrative costs and the cost of removal which are charged against the owner of a parcel of land, pursuant to this section or to Section 15.28.080, are not paid within sixty (60) days of the date of the order, such costs shall be assessed against the parcel of land pursuant to Section 25845 of the Government Code and shall be transmitted to the County Tax Collector for collection. The assessment shall have the same priority as other county taxes. The administrative costs and the costs of removal which are charged against the person in possession of the parcel of land on which the vehicle or parts thereof are located or against the last registered owner shall be paid within sixty (60) days of the date of the order.

(B) A property owner who clearly establishes that they were not responsible for the presence of the vehicles or parts on the property pursuant to Section 15.28.070(B) shall not be liable for the costs.

(C) A last registered owner who can satisfy the requirements of Vehicle Code Section 22524(b) shall not be personally liable for the costs.

(Ord. No. 3770, adopted 1991.)

As used in this Chapter:

(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" means any property owned by a public agency, but does not include highways.

(Ord. No. 3770, adopted 1991.)

Any person who obstructs, impedes or interferes with the enforcing officer, contractor or other authorized representative in the performance of nuisance abatement duties pursuant to this Chapter shall, in addition to any other penalty prescribed by law, be guilty of an infraction.

(Ord. No. 3770, adopted 1991.)

Any person violating any of the provisions of this Chapter may be guilty of an infraction, and upon conviction shall be punishable by fines as specified in Government Code Section 25132 or any successor statute. A separate offense shall be deemed to have occurred for each and every week after the first citation is issued, and shall be punishable as herein provided. Further, these violations may be redressed by civil action through the Office of County Counsel.

(Ord. No. 3770, adopted 1991.)