Article 4

Procedure for Abatement of Certain Vehicles

• A. The provisions of this article are intended to provide a procedure for the abatement of abandoned, wrecked, dismantled or inoperative vehicles, and are enacted under the authority granted by Vehicle Code Section22660.

• B. It is the intent of the city council to provide that the abatement of public nuisances consisting of abandoned, wrecked, dismantled and inoperative vehicles may be carried on either concurrently with or separately from the abatement of other conditions, if any, constituting a public nuisance on any premises within the city, as deemed appropriate under the circumstances.

• (Ord. 1837 § 2, 2019; Ord. 1838 § 2, 2019)

The procedure specified in this article shall be used in the case of a nuisance which consists solely of abandoned, wrecked, dismantled or inoperative vehicle(s) or parts thereof, which is in accordance with Vehicle Code Section 22661.

(Ord. 1837 § 2, 2019; Ord. 1838 § 2, 2019)

When the department head determines pursuant to an inspection conducted according to the provisions of this Code, that the conditions existing on the premises constituting a violation of the provisions of this Code are the result of the existence on said premises of any abandoned, wrecked, dismantled or inoperative vehicle(s), the department head may do the following:

• A. Issue a notice of intention to abate and remove the vehicle(s) or parts thereof as a public nuisance, directed to the owner of the premises on which the vehicle(s) or parts thereof is located and the owner of the vehicle(s) or parts thereof.

  1. The street address and such other description as is required to identify the premises on which the vehicle(s) or parts thereof is located;

  2. The identity of the vehicle(s) or parts thereof to be abated;

  3. A statement that the department head has found the vehicle(s) or parts thereof to be a public nuisance as specified in this Code with a special citation to the applicable section of this Code, and to other sections of the city Code if applicable, including sufficient detail to provide the owner with information as to the conditions constituting the alleged nuisance;

  4. A statement of the action required to be taken as determined by the department head, and that such action is to be completed within 10 days after the mailing of the notice;

  5. A statement providing for a hearing by the administrative hearing officer, upon written request to the department head by the owner of the premises on which the vehicle(s) or parts thereof is located or by the owner of the vehicle(s) or parts thereof within 10 days after the mailing of the notice;

Downloaded from https://ecode360.com/OR4980 on 2026-07-07

City of Oroville, CA

OROVILLE CODE

§ 9.08.280

§ 9.08.300

6. A statement that failure either to take the action required or to request a hearing within the applicable 10-day period shall be deemed a waiver of such rights, and that the department head may proceed to abate the nuisance;

7. An estimated cost of all fines, fees, and penalties associated with the abatement of the vehicle.

• B. The notice of intention shall be sent certified mail, postage prepaid, to the owner of the premises as shown on the latest equalized assessment roll of the County of Butte using such address as may be shown by said assessment roll or such other address as may be known to the department head and also to the last registered and legal owner(s) of record of the vehicle(s), unless the vehicle(s) or parts thereof is in such condition that identification numbers are not available to determine ownership.

• C. The copy of the notice of intention sent to the owner of the premises shall also include the following statement:

As to any vehicle(s) or parts thereof listed herein, you may file with the administrative hearing officer, a sworn written statement denying responsibility for the presence on your property of the vehicle(s) or parts thereof listed, together with your reasons for such denial.

This statement shall be construed as a request for a hearing by you which you need not attend. At the hearing, your statement will be considered by the administrative hearing officer, in determining whether the cost of removing said vehicle(s) or parts thereof will be assessed against your property as a lien in the event that removal of the vehicle(s) or parts thereof is undertaken by the city.

You need not file a sworn statement if you intend to attend the hearing, but you may do so if you wish. Such sworn statement will be considered only as to vehicle(s) or parts thereof and will not be considered as to the existence of any other condition on your property which may be found to constitute a nuisance in this or any other proceeding.

• D. Upon issuance of the notice, the department head may provide additional notice by posting a copy thereof conspicuously on the vehicle(s) or parts to be abated.

• (Ord. 1837 § 2, 2019; Ord. 1838 § 2, 2019)

Whenever the owner of the premises on which the vehicle(s) or parts thereof is located or the owner of the vehicle(s) or parts thereof requests a hearing (hereinafter called "requesting party"), the department head shall issue a hearing notice to the requesting party allowing that party to appear before the administrative hearing officer to show cause why the vehicle(s) or parts thereof is not a public nuisance and should not be abated by the city. The hearing notice shall be served upon the requesting party either personally or by mailing a copy of such notice by certified mail, postage prepaid, return receipt requested, not less than 5 calendar days prior to the hearing date. (Ord. 1837 § 2, 2019; Ord. 1838 § 2, 2019)

At the time fixed in the notice of intention required by the preceding section, the administrative hearing officer shall proceed to hear the testimony of the department head, requesting party, and other competent persons regarding the condition of the vehicle(s) or parts thereof and other

Downloaded from https://ecode360.com/OR4980 on 2026-07-07

City of Oroville, CA

PUBLIC PEACE AND WELFARE

§ 9.08.300

§ 9.08.330

relevant evidence concerning the matter.

(Ord. 1837 § 2, 2019; Ord. 1838 § 2, 2019)

• A. If it is shown by a preponderance of all the evidence that the condition of the vehicle(s) or parts thereof constitute a violation of this Code, the decision of the administrative hearing officer shall be in writing and shall contain findings of fact and a determination of the issues presented. The administrative hearing officer shall issue an order that the vehicle(s) or parts thereof are a public nuisance and direct the owner to abate the nuisance, and that if the nuisance is not abated, it may be abated by the city in such manner as may be ordered by the department head and the expense thereof may be made a lien on the property involved, unless the administrative hearing officer has found that the owner of the premises is not responsible for the presence of the vehicle(s) or parts thereof on the premises. The order shall identify the abandoned, wrecked, dismantled or inoperative vehicle(s) or parts thereof to be abated. The order shall require that abatement of the nuisance be physically completed 5 days after issuance of the order or, in the alternative, within such greater time as the department head shall determine to be reasonable under all of the circumstances.

• B. The decision shall also inform the requesting party that the time for judicial review is governed by California Code of Civil Procedure Section 1094.6. Copies of the decision shall be forthwith delivered to the parties personally or sent to them by certified mail. The decision shall be final when signed by the administrative hearing officer and served as herein provided.

• (Ord. 1837 § 2, 2019; Ord. 1838 § 2, 2019)

In the event the department head shall determine that the owner or person in possession of premises which have been declared a nuisance and ordered abated according to the provisions of this Code, in whole or in part because of the existence thereon of any abandoned, wrecked, dismantled, or inoperative vehicle, has removed from said premises the vehicle or vehicles specifically identified and ordered abated by the department head in his or her notice issued pursuant to this Code and has caused or permitted another vehicle or other vehicles subject to abatement under this Code to replace those removed or ordered removed, the department head shall:

1. Notify the owner of the premises that said act is in violation of the notice of the department head, and order the owner to remove such vehicle(s) or parts thereof; and

2. Notify the city attorney of the violation. The city attorney shall have recourse to every remedy provided by law to prevent the owner of the premises from placing or causing to be placed upon the premises any abandoned, wrecked, dismantled vehicle, or parts thereof.

(Ord. 1837 § 2, 2019; Ord. 1838 § 2, 2019)

• A. The provisions of this chapter shall not apply to any vehicle(s) or parts thereof which:

  1. Is completely enclosed within a building in a lawful manner where it is not visible

Downloaded from https://ecode360.com/OR4980 on 2026-07-07

City of Oroville, CA § 9.08.330

OROVILLE CODE

§ 9.08.350

from the street or other public or private property; or

2. 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, provided such business is not unsightly or otherwise detrimental to the public health, safety or welfare.

• B. This exception shall not, however, authorize the maintenance of a public or private nuisance as defined under this provision.

• (Ord. 1837 § 2, 2019; Ord. 1838 § 2, 2019)

No person shall park a vehicle upon private property without the express or implied consent of the owner or person in lawful possession or control of the property. Violation of this section shall be an infraction and is governed by Section 9.08.100 of this Code. (Ord. 1837 § 2, 2019; Ord. 1838 § 2, 2019)

• A. The costs of abating any inoperative, dismantled or abandoned vehicle, or parts thereof, including the actual tow costs, plus an administrative fee covering direct and indirect overhead, which fee shall be set by resolution of the city council, is the joint and several personal obligation of the property owner and the last registered owner; provided, however, that a property owner who establishes lack of responsibility for the presence of the vehicle or parts on the property as permitted by this Code shall not be personally liable for the costs; and provided, further, that a last registered owner who can satisfy the requirements of Vehicle Code Section 22524(b) shall not be personally liable for the costs. The director of finance shall take the appropriate steps to collect the costs from those who are liable for same.

• B. In the event the administrative hearing officer finds, pursuant to sworn statement of the owner of any premises or otherwise, that a vehicle which is ordered abated was placed on the premises without the consent of the owner, who did not later acquiesce to its presence on such premises, then the administrative hearing officer shall certify the finding to the department head, who shall not allocate the cost of the removal of such vehicle to the owner of the premises in the report filed with the city clerk.

• (Ord. 1837 § 2, 2019; Ord. 1838 § 2, 2019)

Downloaded from https://ecode360.com/OR4980 on 2026-07-07

City of Oroville, CA

PUBLIC PEACE AND WELFARE

§ 9.08.360

§ 9.08.370