Mono County Municipal Code Ch. 11.20 Abandoned, Wrecked, Dismantled or Inoperative Vehicles

In addition to and in accordance with the determination made and the authority granted by the state under Section 22660 of the Vehicle Code to remove abandoned, wrecked, dismantled or inoperative vehicles or parts thereof as public nuisances, the county 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 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, except as expressly hereinafter permitted, constitutes a public nuisance which may be abated in accordance with the provisions of this chapter, may be subject to administrative citation pursuant to Chapter 1.12, or may be remedied through any other means provided by law.

(Ord. 05-01 § 1 (Exh. A (part)), 2005.)

As used in this chapter:

A. "Abandoned" means the status of a vehicle or part thereof when the vehicle owner has ceased to assert or exercise any interest, right or title therein without intent to resume or reassert such interest, right or title.

B. "Dismantled" means the condition of a vehicle which has been taken apart, or to pieces, and/or stripped, or otherwise deprived of any of its integral parts or equipment.

C. "Highway" means a way or place of whatever nature that is publicly maintained and open to the use of the public for purposes of vehicular travel. Highway includes street.

D. "Inoperative" means mechanically incapable of being driven or prohibited from being operated on a public street or highway pursuant to applicable Vehicle Code sections concerning license plates, registration, equipment, safety, and related matters.

E. "Public property" means property owned or under the control of a governmental entity, including the county, over which the county has authority, pursuant to Vehicle Code Section 22660 and this chapter to remove and/or abate abandoned, wrecked, dismantled, or inoperative vehicles.

F. "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. "Vehicle" includes any motor vehicle.

G. "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.

H. "Owner of the vehicle" means the last-registered owner of the vehicle within the meaning of Vehicle Code Section 505 and the last legal owner within the meaning of Vehicle Code Section 370, as shown in the records of the Department of Motor Vehicles.

I. "Wrecked" shall mean the condition of a vehicle which consists of disordered or broken remains or which has been brought to a physically impaired or unsound condition, or other ruinous state by reason of collision, crash or other forceful impacts.

(Ord. 05-01 § 1 (Exh. A (part)), 2005.)

This chapter shall not apply to:

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, or junkyard. This exception shall not, however, authorize the maintenance of a public or private nuisance as defined under provisions of law other than this chapter.

(Ord. 05-01 § 1 (Exh. A (part)), 2005.)

This chapter is not the exclusive regulation of abandoned, wrecked, dismantled or inoperative vehicles within 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. 05-01 § 1 (Exh. A (part)), 2005.)

Except as otherwise provided herein, the provisions of this chapter shall be administered and enforced by the Mono County sheriff's office and the Mono County compliance division. In the enforcement of this chapter, either the Mono County sheriff or the Mono County code compliance specialist, or their designees, may enter upon private or public property, pursuant to a validly issued warrant where required by law, 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 this chapter.

(Ord. 05-01 § 1 (Exh. A (part)), 2005.)

When the board of supervisors has contracted with or granted a franchise to any contract tow to remove or abate a vehicle or part thereof declared to be a nuisance pursuant to this chapter, such person or persons shall be authorized to enter upon private property or onto public property, pursuant to a validly issued warrant where required by law, to remove or cause the removal of said vehicle or part thereof.

(Ord. 05-01 § 1 (Exh. A (part)), 2005.)

The board of supervisors shall from time to time determine and fix an amount to be assessed as administrative costs. This cost of administration may be set as a fixed sum for each removal or as a percentage of the actual cost of removal under this chapter. Administrative costs include, but are not limited to, the cost of staff time involved in hearings required by this chapter, the cost of staff time in inspection of vehicles and other property, publication and mailing costs, and the costs of processing appeals and/or pursuing any judicial action.

(Ord. 05-01 § 1 (Exh. A (part)), 2005.)

As authorized by Government Code Section 25845, the prevailing party in any action, administrative proceeding, or special proceeding brought by the county to abate a nuisance under this chapter shall be entitled to recover their attorneys' fees, but only if the county has first expressly elected at the initiation of that individual action or proceeding to seek recovery of its own attorneys' fees. For the purposes of this provision, recoverable attorneys' fees shall begin to accrue when the county has provided actual or constructive notice to the party against whom the abatement action or proceeding is brought that the county is electing to seek recovery of its own attorneys' fees under this section. Unless otherwise provided by law, in the event that legal services to the county are provided by the county counsel, district attorney, or other attorney who is a county officer or employee, the county's attorneys' fees may be based on either the reasonable fair market value of such legal services or their actual estimated cost to the county (including a pro rata share of salary, benefits, overhead, and the cost of any staff support for that attorney-employee).

Furthermore, unless otherwise specified by statutory or case law, the county shall be deemed the prevailing party in any action where it succeeds in obtaining a determination or declaration that at least one nuisance exists on the property and/or an order directing the property owner (or authorizing the county) to abate at least one nuisance, the county shall not be required to prevail with respect to all nuisances alleged to exist on a particular property. Similarly, a property owner or other person against whom an action or proceeding is brought to abate an alleged nuisance shall be deemed to prevail only if the county fails to obtain a determination that at least one alleged nuisance exists or an order directing at least one nuisance to be abated. Finally, as specified by Government Code Section 25845, in the event that the county is not the prevailing party, the award of attorneys' fees shall in no event exceed the amount of reasonable attorneys' fees incurred by the county itself.

(Ord. 05-01 § 1 (Exh. A (part)), 2005.)

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

(Ord. 05-01 § 1 (Exh. A (part)), 2005.)

A ten-day notice of intention to abate and remove the vehicle, or parts thereof, as a public nuisance shall be mailed by certified mail, return receipt requested, to the owner of the land, to anyone known by the board of supervisors to be in possession 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. The notice of intention shall be in substantially the following form:

"NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED, WRECKED, DISMANTLED, OR INOPERATIVE VEHICLE OR PARTS THEREOF AS A PUBLIC NUISANCE

(Name and address of person to whom notice sent)

You are hereby notified that the undersigned, pursuant to Section 11.20.080 of the Mono County Code, has determined that there exists at (insert address of land upon which vehicle is located) an abandoned, wrecked, dismantled, or inoperative vehicle (or parts thereof) registered to (insert name of registered owner), license number (insert license number), which constitutes a public nuisance pursuant to the provisions of Chapter 11.20 of the Mono County Code.

You are hereby notified to abate said nuisance by the removal of said vehicle (or said parts of a vehicle) within ten days from the date of mailing of this notice, and upon your failure to do so the same will be abated and removed by the County, and the costs thereof, together with administrative costs (including attorneys fees), shall be assessed to the owner of the land on which said vehicle (or parts thereof) is located.

You are hereby further notified that if you contest the above finding, you may request a hearing before the board of supervisors on the question of abatement and removal of the vehicle or parts thereof and/or the assessment of costs by making a written request to the clerk of the board received by the clerk within ten days of the date on the postmark of this notice. Alternatively, in lieu of appearance, you may submit a sworn written statement denying responsibility for the presence of the vehicle on your property with the reasons for your denial."

(Ord. 05-01 § 1 (Exh. A (part)), 2005.)

Notice pursuant to Section 11.20.076 is not required if:

A. The property owner and vehicle owner have each signed releases authorizing removal and waiving further interest in the vehicle or part thereof; or

B. The vehicle or part is: (1) inoperable due to the absence of a motor, transmission or wheels; (2) incapable of being towed; (3) valued at less than two hundred dollars by a person specified in Section 22855 of the Vehicle Code; (4) determined by the code compliance specialist or the sheriff to be a public nuisance presenting an immediate threat to public health or safety; (5) located on a parcel that is either zoned for agricultural use or not improved with a residential structure containing one or more dwelling units; and the property owner has signed a release authorizing removal and waiving further interest in the vehicle or part.

C. If no notice is required pursuant to the provisions of subsection B of this section, then twelve days prior to final disposition under Vehicle Code Section 22622 of such a low-valued vehicle or part, for which evidence of registration was recovered, notice of the county's intent to dispose of the vehicle shall be provided to the registered and legal owners. If the vehicle or part is not claimed and removed within twelve days after the notice is mailed, from a location specified in Vehicle Code Section 22662, final disposition may proceed.

(Ord. 05-01 § 1 (Exh. A (part)), 2005.)

Upon request of the owner of the vehicle or the owner of the land received within ten days of the mailing of the notice of intention to abate and remove, a public hearing shall be held by the board on the question of abatement of the vehicle and the assessment of the administrative costs and the cost of removal.

If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle on the land within such ten-day period, then the statement shall be construed as a request for a hearing which does not require his presence. Notice of the hearing shall be mailed, by certified mail, return receipt requested, 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 county shall have the authority to abate and remove the vehicle or parts thereof as a public nuisance without holding a public hearing.

(Ord. 05-01 § 1 (Exh. A (part)), 2005.)

Notice of any hearing shall also be given to the California Highway Patrol identifying the vehicle or part thereof proposed for removal, such notice to be mailed at least ten days prior to the public hearing.

(Ord. 05-01 § 1 (Exh. A (part)), 2005.)

All hearings under this chapter shall be held before the board of supervisors which shall hear all facts and testimony it deems pertinent. The facts and testimony may include testimony on the condition of the vehicle or part thereof and the circumstances concerning its location on the private property or public property. In conducting the hearing, the board of supervisors shall not be limited by the technical rules of evidence. The individual requesting the hearing may appear in person at the hearing or present a written statement to the clerk of the board in time for consideration at the hearing denying responsibility for the presence of the vehicle on his land, with his reasons for such denial.

The board of supervisors may impose such conditions and take such other action as it deems appropriate under the circumstances to carry out the purpose of this chapter. It may delay the time for removal of the vehicle or part thereof, if the circumstances justify it. At the conclusion of the hearing, the board of supervisors may find that a vehicle or part thereof has been abandoned, wrecked, dismantled or is inoperative 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 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 part thereof and the correct identification number and license number of the vehicle, if available at the site.

If it is determined at the hearing that the vehicle was placed on the land without the consent of the land owner and that he has not subsequently acquiesced in its presence, the board of supervisors 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 land owner.

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

(Ord. 05-01 § 1 (Exh. A (part)), 2005.)

Five days after adoption of the order declaring the vehicle or parts thereof to be a public nuisance or five days from the date of mailing of notice of the decision if such notice is required by Section 11.20.100, the vehicle or parts thereof may be disposed of by removal to a scrap yard or automobile dismantler's yard or other facility authorized by Vehicle Code Section 22662.

After a vehicle has been removed it shall not thereafter be reconstructed or made operable. Vehicles which qualify for either horseless carriage license plates or historical vehicle license plates are excepted from this provision.

(Ord. 05-01 § 1 (Exh. A (part)), 2005.)

In accordance with subdivision (a) of Section 25845 of the California Government Code, the board of supervisors, the sheriff, or the code compliance specialist, may order the summary abatement of a nuisance if the board or officer determines that the nuisance constitutes an immediate threat to public health or safety.

(Ord. 05-01 § 1 (Exh. A (part)), 2005.)

A. Within five days after the date of removal of the vehicle or part thereof, notice shall be given to the Department of Motor Vehicles 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 certificates, certificates of title and license plates.

(Ord. 05-01 § 1 (Exh. A (part)), 2005.)

If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to Section 11.20.070 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 shall be transmitted to the tax collector for collection. The assessment shall have the same priority as other county taxes.

The county officer conducting the abatement shall cause a notice of abatement lien to be recorded in the office of the county recorder. Such notice shall identify the property owner, or possessor of the property, his last known address of record, the date upon which abatement was ordered by the board of supervisors or abandoned vehicle commission, the date that the abatement was completed, a description of the real property subject to the lien, and the amount of the abatement costs.

The county officer recording the lien may release or subordinate the lien in the same manner as provided by law for release or subordination of a judgment lien on real property.

(Ord. 05-01 § 1 (Exh. A (part)), 2005.)

A. No person shall fail or refuse to remove an abandoned, wrecked, dismantled or inoperative vehicle or part thereof or refuse to abate such nuisance when advised to do so in accordance with the abatement provision of this chapter or with state law where such state law is applicable.

B. Failure to remove an abandoned, wrecked, dismantled, or inoperative vehicle when so advised pursuant to subsection A of this section may result in the county: (1) initiating action to abate said vehicle in accordance with this chapter; (2) issuing a notice of violation pursuant to Chapter 1.12 of this code; or (3) taking such other corrective action as may be authorized by law.

C. No person shall remove an abandoned, wrecked, dismantled or inoperative vehicle from an authorized county scrap yard or disposal site without first obtaining written permission from the director of public works or his designee.

(Ord. 05-01 § 1 (Exh. A (part)), 2005.)