Merced County Municipal Code Ch. 9.14 Abandoned Vehicles

This chapter and the regulations contained in this chapter shall be known and may be cited as the "abandoned, wrecked, dismantled or inoperative vehicle regulations."

(Ord. 2018 § 1, 2022)

The purpose of this chapter is to provide for the regulation of abandoned, wrecked, dismantled or inoperative vehicles.

(Ord. 2018 § 1, 2022)

For the purpose of this chapter, the following terms are defined:

"Abandoned vehicle"

means a vehicle, which if left on private or public property, in such inoperable or neglected condition that the owner's intention to relinquish all further rights or interests in it may be reasonably concluded.

"Abandoned vehicle hearing officer"

shall be the sheriff or his/her designee, who shall conduct the public hearing called for in this chapter.

"Board"

means the board of supervisors of Merced County.

"County"

includes all of the unincorporated area within Merced County.

"Department"

means the Merced County sheriff's department.

"Dismantled vehicle"

means any vehicle that is partially or wholly disassembled.

"Inoperative vehicle"

means any vehicle that cannot be moved under its own power.

"Property owner"

means the owner of the real property in violation as shown on the latest assessment rolls.

"Public nuisance vehicle"

means any vehicle that is abandoned, wrecked, dismantled or any inoperative part thereof; that is on private property 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.

"Vehicle"

is a device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks.

"Vehicle owner"

means the legal owner of the vehicle, as shown by registration or other reliable evidence, in violation of this chapter.

"Wrecked vehicle"

means any vehicle that is damaged to such an extent that it cannot be operated upon the highway.

(Ord. 2018 § 1, 2022)

It is unlawful for any person to abandon, park, store or leave, or permit the abandonment, parking, storing or leaving, of any vehicle or part thereof which is in an abandoned, wrecked, dismantled or inoperative condition within the unincorporated area of the county for a period in excess of 10 days. Any such vehicle which is considered to be abandoned, wrecked, dismantled or inoperative for a period in excess of 10 days is considered to be a public nuisance vehicle.

(Ord. 2018 § 1, 2022)

This chapter shall not apply to:

A. Vehicles Enclosed Within a Building. 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;

B. Vehicles as Part of a Business. 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, or a junkyard, or when such storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise; or

C. Historic Vehicles. A vehicle or part thereof which qualifies as a vehicle of historic value and has special identification plates for a historical vehicle as described in Section 5004 of the California Vehicle Code.

(Ord. 2018 § 1, 2022)

The department shall proceed as follows in the investigation and enforcement of violations of Section 9.14.040:

A. Notice of Intention to Abate and Remove Vehicle. When the department determines that a violation of this chapter exists, the property owner and the vehicle owner, shall be notified by registered or certified mail of the intention to abate and remove the vehicle or part thereof. The notice of intention to abate and remove vehicle shall state that the property owner or the vehicle owner has 10 business days from the date on the notice in which to correct the violation or appeal the determination of the department for a public hearing. The notice shall include a statement to the property owner that the property owner may appear in person at a hearing or may present a sworn written statement denying responsibility for the presence of the vehicle on the land, and that he or she has not subsequently acquiesced to the presence of the vehicle, with reasons for the denial, rather than appearing in person. This required notice of intention to abate and remove vehicle may be waived by the property owner or vehicle owner with a signed release authorizing removal and waiving further interest in the vehicle or part thereof.

B. Statement of Nonresponsibility. If a vehicle was abandoned without the consent or knowledge of the property owner, and the property owner has direct control of the property, the property owner may submit a statement of nonresponsibility within 10 business days of the mailing of the notice of intention to abate and remove the vehicle. 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 that time period, the statement shall be construed as a request for a hearing that does not require the presence of the owner submitting the request. If the abandoned vehicle hearing officer determines the property owner is not responsible for the abandoned vehicle, the administrative and removal costs will not be imposed against the property owner. If the abandoned vehicle hearing officer determines the property owner is responsible for the abandoned vehicle, the department will inform the property owner of that determination.

C. Appeals. Appeals of the notice of intention to abate and remove vehicle shall be filed within 10 days of the date on the notice of intention to abate and remove vehicle. The appeal shall be in writing and must be filed with the clerk of the board of supervisors. The hearing shall be held within 30 days of the date in which the written appeal was received by the department. A notice of hearing shall be mailed at least 10 days before the hearing by certified mail, with a five-day return requested, to the property owner and vehicle owner.

D. Appeal Hearing Procedure. The appeal hearing shall allow for the submittal of oral and written evidence relative to the existence of a violation of this chapter, including oral or written evidence on the condition of the vehicle and the circumstances concerning its location, and whether the property owner is responsible for or has consented to the placement of the vehicle on the property. The property owner may appear in person or submit a sworn statement denying responsibility for the presence of the vehicle on the property. At the conclusion of the appeal hearing, the existence of a violation shall be determined and, if a violation exists, it shall be determined whether the property owner is responsible for such violation. If it is found that a violation exists but the property owner is not responsible, the county shall not assess costs of administration or removal of the vehicle against the property owner. The decision of the abandoned vehicle hearing officer shall be mailed by certified mail to the property owner or vehicle owner within 10 days after the hearing date. The decision of the abandoned vehicle hearing officer shall be final.

E. Removal of the Vehicle. If an appeal has not been filed within the required time period, or the abandoned vehicle hearing officer has determined that a violation exists and the vehicle or part thereof remains on the property, the vehicle or part thereof may be disposed of by removal to a scrap yard or automobile dismantler's yard. The removal shall be performed by the county through a licensed automobile dismantler authorized by the county, either of which may enter private or public property to remove the vehicle or part thereof declared to be a nuisance pursuant to this chapter. The department is authorized to select licensed automobile dismantlers pursuant to policies and procedures adopted by the board of supervisors. The department or authorized contractor shall not be liable for damage caused to a vehicle or part thereof by removal pursuant to this chapter.

F. Vehicle Not to be Reconstructed. Any vehicle removed as a result of this chapter 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 California Vehicle Code Section 5004 in which case the vehicle may be reconstructed or made operable.

G. Notices to the Department of Motor Vehicles. Within five business days after the removal, notice shall be given to the Department of Motor Vehicles that identifies the vehicle or part thereof, and evidence shall be submitted of all registration available, including, but not limited to, the registration card, certificates of ownership, or license plates.

(Ord. 2018 § 1, 2022)

The board of supervisors shall establish fees for administrative and vehicle removal costs. The last registered owner who can satisfy the requirements of Vehicle Code Section 22524(b) shall not be personally liable for the administrative or removal costs. If it has been determined that the owner is not responsible for the location of the vehicle on his or her property, the property owner shall not be personally liable for the administrative or removal costs. If the fees are not paid within 30 business days of the date of the order or the final disposition of an appeal therefrom, such fees shall be assessed against the parcel of land pursuant to Section 25845 of the Government Code if the property owner was determined to be responsible and shall be transmitted to the tax collector for collection. Such assessment shall have the same priority as other taxes.

(Ord. 2018 § 1, 2022)

It is unlawful for any person to refuse or fail to remove an abandoned, wrecked, dismantled or inoperative vehicle or part thereof, or to refuse to abate such nuisance when ordered to do so in accordance with the abatement provisions of this chapter or state law where applicable.

(Ord. 2018 § 1, 2022)

Licensed dismantlers or commercial enterprises acquiring vehicles removed pursuant to this chapter shall be excused from the reporting requirements of Section 11520 of the California Vehicle Code, and any fees and penalties which would otherwise be due the department of motor vehicles are waived, provided that a copy of the resolution or order authorizing disposition of the vehicle is retained in the dismantler's or commercial enterprise's business records.

(Ord. 2018 § 1, 2022)

The authorized representative of the sheriff's department, all officers of the county rendering necessary assistance to the department for the enforcement of this chapter, and the contractor authorized by this chapter may enter premises pursuant to Merced County Code Chapter 1.16 for the purposes of determining violations of this chapter, identifying and/or removing vehicles.

(Ord. 2018 § 1, 2022)

Any violation of a provision of this chapter shall be a misdemeanor punishable by imprisonment in the county jail for a term not to exceed six months, or by a fine not to exceed $500, or both.

(Ord. 2018 § 1, 2022)