Monterey County Municipal Code Ch. 12.72 Abandoned Vehicles

In addition to and in accordance with the authority granted by the State of California under Vehicle Code Sections 22660 and 22669 to abate and remove the public nuisances of abandoned, wrecked, dismantled or inoperative vehicles and/or vehicle part(s) from private and/or public property, including highways, the Board of Supervisors of the County of Monterey makes the following findings and declarations:

The accumulation and storage of abandoned, wrecked, dismantled, or inoperative vehicles and/or vehicle part(s) on private or public property, including highways, creates a condition tending to reduce the value of private property, promotes blight and deterioration, invites plundering, creates fire hazards, constitutes an attractive nuisance creating a hazard to the health and safety of minors, creates a harborage for rodents and insects, and is injurious to the health, safety, and general welfare. Therefore, the presence of an abandoned, wrecked, dismantled or inoperative vehicle and/or vehicle part(s), on private and/or public property, including highways, except as expressly permitted by this Chapter, constitutes a public nuisance which may be abated as such in accordance with the provisions of this Chapter.

(Ord. 4097, 2001).

(Ord. No. 5301, § 2, 4-3-2018)

For purposes of this Chapter, the following words and phrases shall have the meaning indicated herein:

A. "Abandonment," in reference to highways, is presumed to have occurred if a vehicle is left parked, resting, or otherwise immobilized for seventy-two (72) or more consecutive hours on any highway or public right-of-way; or lacks an engine, or transmission, or wheels, or tires, or doors or a windshield, or any other part of equipment necessary to operate safely on the highway. Such vehicles are presumed to be a hazard to public health, safety, and welfare and may be removed immediately upon discovery by a peace officer or other designated employee. No vehicle abandoned, parked, or left standing upon a highway or public right-of-way shall be deemed to have been removed or abated unless it has been moved on the highway or public right-of-way for a distance of at least three hundred (300) feet from its previous location.

B. "Employee" means a County employee designated by the Sheriff to do all that is necessary to abate abandoned vehicles.

C. "Highway" means a place, or whatever nature, publicly maintained and open to the use of the public for purposes of vehicular traffic. Highway includes a street, and all or any part of the entire width of the right of way of said highway.

D. "Peace Officer" means an individual as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code.

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

F. "Vehicle, abandoned" means it is left on a highway, public right-of-way, public property, or private property in such inoperable or neglected condition that it may be reasonably concluded that the owner intends to relinquish all further rights or interests in it. "Abandoned vehicle" includes a "public nuisance vehicle" as defined herein; "abandoned vehicle" does not include a vehicle described in Sections 5004, 5004.5, 5004.6, or 5052 of the Vehicle Code.

G. "Vehicle Abatement Officer" means the Sheriff or their designee as designated by the Board of Supervisors to perform the functions specified in Section 22669 ("Removal of Abandoned Vehicles") of the California Vehicle Code.

H. "Vehicle Abatement Hearing Officer" means the individual designated by the Sheriff to hear and determine appeals under this Chapter.

I. "Vehicle, dismantled" means any vehicle that is partially or wholly disassembled.

J. "Vehicle, inoperative" means any motor vehicle that cannot be moved under its own power.

K. "Vehicle, public nuisance" means any vehicle and/or vehicle part(s) that is abandoned, wrecked, dismantled or inoperative, that is left on public or private property, not including highways; or that creates a condition tending to reduce the value of private property, or promotes blight and deterioration, or invites plundering, or creates fire hazard, or constitutes an attractive nuisance or endangers the health or safety of minors, or harbors rodents or insects, or jeopardizes health, safety and general welfare. In addition to the foregoing, "public nuisance vehicle" includes, but is not limited to, any vehicle found or located on private property with a registration expiration date in excess of six months before the date it is found or located, unless the vehicle has a certification of non-operation pursuant to Vehicle Code Section 22651(o)(1) or is exempt from the filing of a certification of non-operation pursuant to Vehicle Code Section 4604(d).

L. "Vehicle, wrecked" means any vehicle that is damaged to such an extent that it cannot be operated upon the highway. A vehicle which has been wrecked in a traffic accident, and which has been removed from the roadway to a storage facility, but which has not been claimed by its owner will not be considered an abandoned vehicle.

(Ord. 4097, 2001; Ord. 4205, 2003).

(Ord. No. 5301, § 2, 4-3-2018)

This Chapter is not the exclusive regulation of abandoned, wrecked, dismantled or inoperative vehicles and/or vehicle part(s) within the County of Monterey. It shall supplement and be in addition to the other regulatory codes, statutes, and ordinances heretofore or hereafter enacted by the County of Monterey, the state, or any other legal entity or agency having jurisdiction.

(Ord. 4097, 2001).

(Ord. No. 5301, § 2, 4-3-2018)

A. This Section shall not apply to:

1. A vehicle and/or vehicle part(s) 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.

2. A vehicle and/or vehicle part(s) 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. (Authority: Vehicle Code Section 22661(b))

B. Nothing in this Section shall authorize the maintenance of a public or private nuisance as defined under provisions of law other than Chapter 10 (commencing with Section 22650) of Division 11 of the Vehicle Code and this Chapter.

(Ord. 4097, 2001).

(Ord. No. 5301, § 2, 4-3-2018)

A. Except as otherwise provided in this Chapter or by law, the Board of Supervisors designates that the provisions of this Chapter shall be administered and enforced by the Sheriff or their designee.

B. In the enforcement of this Chapter, if the Vehicle Abatement Officer has reasonable grounds to believe that a vehicle has been abandoned within the meaning of California Vehicle Code Section 22523, he/she may enter upon private or public property to examine the vehicle and/or vehicle part(s), or obtain information as to the identity of a vehicle, and to remove or cause the removal of a vehicle and/or vehicle part(s), declared to be a nuisance pursuant to this Chapter. (Authority: Vehicle Code Section 22663)

(Ord. 4097, 2001).

(Ord. No. 5301, § 2, 4-3-2018)

Any peace officer of Vehicle Abatement Officer who has reasonable grounds to believe that a vehicle has been abandoned may remove the vehicle from a highway or from public or private property within the territorial limits within which the officer or Vehicle Abatement Officer is authorized to act. (Authority: Vehicle Code Section 22669)

(Ord. 4097, 2001).

(Ord. No. 5301, § 2, 4-3-2018)

When the Board of Supervisors has contracted with or granted a franchise to any person or persons pursuant to Vehicle Code Section 22710(a), such person or persons may remove a vehicle and/or vehicle part(s) from a highway or may enter upon private property or public property to remove or cause the removal of a vehicle and/or vehicle part(s), after a determination and authorization by a peace officer or Vehicle Abatement Officer that the vehicle and/or vehicle part(s) is abandoned. (Authority: Vehicle Code Section 22669)

(Ord. 4097, 2001).

(Ord. No. 5301, § 2, 4-3-2018)

When the Board of Supervisors has contracted with or granted a franchise to any person or persons for the abatement of abandoned vehicles and/or vehicle part(s), such person or persons shall be authorized to enter upon private property or public property to remove or cause the removal of a vehicle and/or vehicle part(s) declared to be a nuisance pursuant to this Chapter. (Authority: Vehicle Code Sections 22663, 22669)

(Ord. 4097, 2001).

(Ord. No. 5301, § 2, 4-3-2018)

No vehicle shall be abandoned, parked, or left standing upon a highway for seventy-two (72) or more consecutive hours. No vehicle abandoned, parked, or left standing upon a highway or public right-of-way shall be deemed to have been removed or abated unless it has been moved on the highway or public right-of-way for a distance of at least three hundred (300) feet from its previous location. (Authority: Vehicle Code Section 22651(k))

(Ord. 4205, 2003; Ord. 4097, 2001).

(Ord. No. 5301, § 2, 4-3-2018)

The Board of Supervisors or its designee shall, from time to time, determine and fix an amount to be assessed as vehicle abatement costs, for removal of any vehicle and/or vehicle part(s) under this Chapter. Such costs shall be in amounts sufficient to recover all costs of abatement or removal of the vehicle and/or vehicle parts, including but not limited to administer the program; conduct hearings and appeals; salary, benefits, and overhead of a Vehicle Abatement Officer and staff; vehicle mileage and towing charges; postage; documentary photography or videography; and reasonable attorney's fees. These charges are independent of those costs which might be assessed pursuant to Vehicle Code Section 22523(c).

(Ord. 4097, 2001; Ord. 4205, 2003).

(Ord. No. 5301, § 2, 4-3-2018)

If the administrative costs and the cost of removal incurred as a result of a hearing conducted pursuant to Sections 12.72.140 and 12.72.150 are not paid within thirty (30) days of the date of the order, such costs shall be assessed against the parcel of land pursuant to Government Code Section 25845, and shall be transmitted to the Tax Collector for collection. Said assessment shall have the same priority as other County taxes. If the vehicle was abandoned on a highway, or if the owner of a parcel of land is successful in his or her appeal challenging the abatement cost, the last registered owner of record shall be responsible for the abandonment of the vehicle and shall thereby be liable for the cost of removal and disposition of the vehicle. If such costs are not paid within thirty (30) days from the date of the order, such costs shall be transmitted to the Revenue Division for collection.

(Ord. 4097, 2001).

(Ord. No. 5301, § 2, 4-3-2018)

Any appeal challenging the abatement cost assessed pursuant to Section 12.72.100 shall be submitted in writing to the Sheriff within fifteen (15) days of receiving notice of an assessment. Said appeal shall be reviewed by the Sheriff or their designee. Their written findings shall be mailed to the appealing party within fifteen (15) days of the letter of appeal.

(Ord. 4097, 2001).

(Ord. No. 5301, § 2, 4-3-2018)

A. Upon discovery, on public or private property, excluding a highway, of an abandoned vehicle and/or vehicle part(s) or a vehicle which lacks an engine, or transmission, or wheels, or tires, or doors, or windshield, or other major part or equipment necessary to operate safely on the highway, the Sheriff or their designee, shall have the authority to cause the abatement and removal of said vehicle and/or vehicle part(s) in accordance with the procedure prescribed in this Section.

B. Notice of intention to abate and remove a vehicle and/or vehicle part(s) as a public nuisance shall be given in writing at least ten (10) days prior to such abatement and removal, unless the property owner and owner of the vehicle and/or vehicle part(s) have signed releases authorizing removal and waiving further interest in the vehicle and/or vehicle part(s). A notice of intention is not required for removal of a vehicle that is: (1) inoperable due to the absence of a motor, transmission, or wheels and incapable of being towed, and (2) is valued at less than two hundred dollars ($200.00) by a person specified in Vehicle Code Section 22855, and (3) is determined to be a public nuisance presenting an immediate threat to public health or safety, provided the property owner has signed a release authorizing removal and waiving further interest in the vehicle and/or vehicle part(s). Prior to final disposition under Vehicle Code Section 22662 of such a low-valued vehicle or vehicle part(s) for which evidence of registration was recovered pursuant to Section 12.72.120, the Sheriff's Department shall provide notice to the registered and legal owners of intent to dispose of the vehicle and/or vehicle part(s). If the vehicle and/or vehicle part(s) is not claimed and removed within twelve (12) days after the notice is mailed, from a location specified in Vehicle Code Section 22662, final disposition may proceed. Neither the County nor its contractors shall be liable for damage caused to a vehicle and/or vehicle part(s) removed pursuant to this Section. (Authority: Vehicle Code Section 22661(c))

C. Such notice shall contain a statement of the hearing rights of the owner of the property on which the vehicle and/or vehicle part(s) is located, and the owner of the vehicle and/or vehicle part(s). The statement shall include a notice to the property owner that he or she may appear in person at a hearing or may present a sworn written statement denying responsibility for the presence of the vehicle and/or vehicle part(s) on the land with his or her reasons for such denial, in lieu of appearing. If it is determined at the hearing that the vehicle and/or vehicle part(s) was placed on the land without consent of the landowner and he or she has not acquiesced in its presence, the local authority shall not assess costs of administration or removal of the vehicle and/or vehicle part(s) against the property upon which the vehicle and/or vehicle part(s) is located or otherwise attempt to collect such costs from such owner. (Authority: Vehicle Code Section 22661(d), (g))

(Ord. 4097, 2001).

(Ord. No. 5301, § 2, 4-3-2018)

A. A public hearing shall be held before the Vehicle Abatement Officer upon request for such hearing by the owner of the vehicle and/or vehicle part(s), or the owner of the land on which the vehicle and/or vehicle part(s) is located. The request shall be made in writing-to the Sheriff, within ten (10) days after the mailing of notice of intention to abate and remove the vehicle and/or vehicle part(s). (Authority: Vehicle Code Section 22661(e))

B. The owner of the land on which the vehicle and/or vehicle part(s) is located, is authorized to appear in person at the hearing, or present a sworn written statement, within ten (10) days of the mailing of the notice of intent to abate, denying responsibility for the presence of the vehicle and/or vehicle part(s) on his or her land, together with his or her reason for such denial. This statement shall be construed as a request for a hearing, which does not require the presence of the owner submitting such request. (Authority: Vehicle Code Section 22661(g))

C. The notice of the hearing shall be mailed to all parties who request a hearing and to all landowners who have submitted sworn written statements denying liability at least fifteen (15) days in advance of the hearing.

D. If a request for hearing is not received within the time period specified above, the Vehicle Abatement Officer shall cause the removal of said vehicle and/or vehicle part(s), and shall assess administrative and removal costs. (Authority: Vehicle Code Section 22661(e))

(Ord. 4097, 2001).

(Ord. No. 5301, § 2, 4-3-2018)

A. All hearings under this Chapter shall be before the Vehicle Abatement Hearing Officer, at the place within Monterey County designated in the notice of hearing. The Vehicle Abatement Hearing Officer shall hear all relevant facts and testimony on the condition of the vehicle and/or vehicle part(s) and the circumstances concerning its location on the private property or public property. The Vehicle Abatement Hearing Officer shall not be limited by the technical rules of evidence. The owner of land on which the vehicle and/or vehicle part(s) is located, or their written designee, may appear in person at the hearing, or may present a sworn written statement denying responsibility for the presence of the vehicle and/or vehicle part(s) on the land, with his/her reasons for such denial.

B. The Vehicle Abatement Hearing Officer may impose such conditions and take such other appropriate action as is authorized under the California Vehicle Code, to carry out the purpose of this Chapter. Any such action may delay the time for removal of the vehicle and/or vehicle part(s), if the circumstances justify it. At the conclusion of the hearing, the Vehicle Abatement Hearing Officer may find that a vehicle and/or vehicle part(s) has been abandoned, wrecked, dismantled, or is inoperative on private or public property, and may order the same removed from the property as a public nuisance and disposed of as provided in this Chapter. The Vehicle Abatement Hearing Officer may determine the administrative costs and the costs of removal to be charged against the owner of the parcel of land on which the vehicle and/or vehicle part(s) is located. The order requiring removal shall include a description of the vehicle and/or vehicle part(s) and the correct identification number and license number of the vehicle and/or vehicle part(s), if available at the site. If the interested person makes a written statement to the Vehicle Abatement Hearing Officer, but does not appear, that person shall be notified in writing of any decision within five working days thereafter.

C. An interested party may appeal the decision of the Vehicle Abatement Hearing Officer by filing a written notice of appeal with the Monterey County Sheriff within five working days after the decision is mailed. The appeal shall not be de novo, and shall state the factual and/or legal basis for the appeal. Such appeal shall be heard by the Monterey County Sheriff who may affirm, amend, or reverse the order, or take other action as is deemed appropriate. The Sheriff or their designee shall give written notice of the time and place of the appeal hearing to the appellant, to the owner of the land, and the owner of the vehicle and/or vehicle part(s). In conducting the appeal hearing, the Monterey County Sheriff shall not be limited by the technical rules of evidence.

(Ord. 4097, 2001).

(Ord. No. 5301, § 2, 4-3-2018)

A. Upon removal of a vehicle and/or vehicle part(s) pursuant to this Chapter, the vehicle and/or vehicle part(s) may be disposed of by removal to a scrap yard, automobile dismantler's yard, or other suitable site. (Authority: Vehicle Code Section 22662)

B. Prohibition Against Reconstruction. After a vehicle has been removed, it shall not thereafter be reconstructed, or be made operable, unless it is a vehicle that qualifies for either horseless carriage license plates, or historical license plates, pursuant to Vehicle Code Section 5004, in which case the vehicle may be reconstructed or made operable. (Authority: Vehicle Code Section 22661(f))

(Ord. 4097, 2001).

(Ord. No. 5301, § 2, 4-3-2018)

Within five days after the date of removal of a vehicle pursuant to this Chapter, notice shall be given to the Department of Motor Vehicles identifying the vehicle 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. (Authority: Vehicle Code Section 22661(a))

(Ord. 4097, 2001).

(Ord. No. 5301, § 2, 4-3-2018)

A. Whenever an officer or an employee removing a California registered vehicle from a highway or from public property for storage under this Chapter does not know and is not able to ascertain the name of the owner, or for any other reasons is unable to give notice to the owner as required by Vehicle Code Section 22852, the officer or employee shall immediately notify, or cause to be notified, the Department of Justice, Stolen Vehicle System, of its removal. The officer or employee shall file a notice with the proprietor of any public garage in which the may be stored. The notice shall include a complete description of the vehicle, the date, time, and place from which removed, the amount of mileage on the vehicle at the time of removal, and the name of the garage or place where the vehicle is stored.

B. Whenever an officer of an employee removes a vehicle not registered in California from a highway or from public property for storage under this Chapter and does not know and is not able to ascertain the owner or for any other reason is unable to give notice to the owner as required by Vehicle Code Section 22852, the officer or employee shall immediately send, or cause to be sent, a written report of the removal by mail to the Department of Justice at Sacramento and shall file a copy of the notice with the proprietor of any public garage in which the vehicle may be stored. The report shall be made on a form furnished by that department and shall include a complete description of the vehicle, the date, time, and place from which the vehicle was removed, the amount of mileage on the vehicle at the time of removal, the grounds for removal, and the name of the garage or place where the vehicle is stored.

C. Whenever an officer or employee or private party removing a vehicle from private property for storage under this Chapter does not know and is not able to ascertain the name of the owner or for any other reason is unable to give notice to the owner as required by Vehicle Code Section 22852, and if the vehicle is not returned to the owner within a period of one hundred twenty (120) hours, the officer or employee or private party shall immediately send, or cause to be sent, a written report of the removal by mail to the Department of Justice at Sacramento and shall file a copy of the notice with the proprietor of any public garage in which the vehicle may be stored. The report shall be made on a form furnished by that department and shall include a complete description of the vehicle, the date, time, and place from which the vehicle was removed, the amount of mileage on the vehicle at the time of removal, the grounds for removal, and the name of the garage or place where the vehicle is stored. (Authority: Vehicle Code Section 22853)

(Ord. 4097, 2001).

(Ord. No. 5301, § 2, 4-3-2018)

A. Whenever a peace officer or employee removes a vehicle from a highway, or from public or private property, unless otherwise provided, he or she shall take the vehicle to the nearest garage or other place of safety, or to a garage designated by the County, where the vehicle shall be placed in storage. (Authority: Vehicle Code Section 22850)

B. At the time of removal, the officer or employee shall determine the amount of mileage on the vehicle. (Authority: Vehicle Code Section 22850)

C. A vehicle placed in storage shall be released to the owner, or person in control of the vehicle, only if the owner or person furnishes to the law enforcement agency or employee who placed the vehicle in storage, satisfactory proof of current registration.

(Ord. No. 5301, § 2, 4-3-2018)

If any peace officer or Vehicle Abatement Officer or employee determines that an abandoned vehicle or vehicle part(s) have a value not exceeding three hundred dollars ($300.00), that peace officer or Vehicle Abatement Officer or employee shall provide notice and the opportunity for a hearing and disposal in accordance with Vehicle Code Sections 22851.2 through 22851.12.

(Ord. No. 5301, § 2, 4-3-2018)

Whenever a peace officer or employee directs the storage of any vehicle, the vehicle's registered and legal owners or record, or their agents, shall be given notice and the opportunity for a post storage hearing, if required by Vehicle Code Section 22852.

(Ord. No. 5301, § 2, 4-3-2018)

A. Unlawful to Abandon or Store—Exception. It is unlawful and a misdemeanor for any person to abandon, park, store, or leave or permit the abandonment, parking, storage, or leaving of any licensed or unlicensed vehicle and/or vehicle part(s) which is in an abandoned, wrecked, dismantled, or inoperative condition upon any private property or public property, not including County highways within the County, for a period in excess of thirty (30) days, unless such vehicle and/or vehicle part(s)is completely enclosed within a building in a lawful manner where it is not plainly viable 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.

B. Unlawful to Fail or Refuse to Remove. It is unlawful and a misdemeanor for any person to fail or refuse to remove an abandoned, wrecked, dismantled, or inoperative vehicle and/or vehicle part(s), or refuse to abate such nuisance when ordered to do so in accordance with the abatement provisions of this Chapter, or state law where such state law is applicable.

C. No person shall abandon a vehicle upon any highway. Any violation of this Section constitutes an infraction. (Authority: Vehicle Code Section 22523)

D. Every person who parks or leaves a vehicle on a highway for seventy-two (72) consecutive hours or more is guilty of an infraction. (Authority: Vehicle Code Section 22651(k))

E. No person shall abandon a vehicle upon private or public property without the express or implied consent of the owner, or person in lawful possession or control of the property. Any violation of this Section constitutes a misdemeanor. (Authority: Vehicle Code Section 22523)

F. Any person convicted of a misdemeanor or an infraction under this Chapter shall be punished as provided in Section 1.20.040B of this code and shall provide proof that the costs of removal and disposition of the vehicle and/or vehicle part(s) have been paid. No part of any fine imposed shall be suspended. The fine may be paid in installments, if the Court determines that the defendant is unable to pay the entire amount in one payment. (Authority: Vehicle Code Section 22523)

G. Proof that the costs of removal and disposition of the vehicle and/or vehicle part(s) have been paid shall not be required if proof is provided to the Court that the vehicle and/or vehicle part(s) was stolen prior to abandonment. That proof may consist of a police report or other evidence acceptable to the Court. (Authority: Vehicle Code Section 22523)

H. Every person who willfully resists, delays, or obstructs any peace officer or Vehicle Abatement Officer in the discharge or attempt to discharge any duty of his or her office or employment, when no other punishment is prescribed, shall be guilty of a misdemeanor and shall be punished by a fine not exceeding one thousand dollars ($1,000.00), or by imprisonment in the County jail not to exceed one year, or by both such fine and imprisonment. (Authority: California Penal Code Section 138(a)(1))

(Ord. No. 5301, § 2, 4-3-2018)