Placer County Municipal Code Art. 10.24 Abandoned Vehicles

In addition to and in accordance with the determination made and the authority granted by the state of California under Sections 22660 and 22669 of the Vehicle Code to remove abandoned vehicles, the following findings and declarations are made:

A. The provisions of the Vehicle Code, Section 22523, prohibits abandonment of vehicles on (1) highways, and (2) private or public property without the implied or express consent of the property owner.

B. The accumulation of abandoned 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 vehicle on private or public property is considered a violation of county code and may be removed by designated county departments or any designated contractor pursuant to the vehicle code.

C. Motor vehicles which are parked, resting, or otherwise immobilized on any highway or public right-of-way and which lack an engine, transmission, wheels, tires, doors, windshield, or any other part or equipment necessary to operate safely on the highways of this state, are declared a hazard to public health, safety, and welfare and may be removed immediately upon discovery by any designated department of the county.

(Prior code § 16.700)

As used in this article:

"Abandoned vehicle"

means vehicles which are determined to be abandoned by the California Highway Patrol, Placer County Sheriff's Department, and Placer County Department of Public Works in violation of the Vehicle Code, Section 22523.

"Highway"

means a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel, including streets.

"Public and private property"

means and includes all that land within the boundaries of Placer County with the exception of that which the state and federal governments own or have lawful possession or is in lawful possession or control of, and the exception of those lands described in the definition of "highway."

"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.

(Prior code § 16.705)

This article shall not apply to:

A. A vehicle, or part thereof, which is completely enclosed behind a six-foot-high fence or within a building in a lawful manner where it is not visible from the street or other public or other 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 junk dealer, or when such storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise.

(Prior code § 16.710)

This article 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.

(Prior code § 16.715)

Except as otherwise provided herein, the provisions of this article shall be administered and enforced by the Placer County director of public works or the county health officer, or respective designees. In the enforcement of this article, such enforcement officer and deputies or contractor may enter upon private or public property 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 the vehicle or part thereof, declared abandoned.

(Prior code § 16.720)

A. When the board has contracted with or granted a franchise to any person for removal rights, such person shall have the same right of entry as the enforcement officer as provided in Section 10.24.050.

B. The board may execute a contract for the removal of abandoned vehicles in accordance with the provision of this article.

(Prior code § 16.725)

Whenever a vehicle has been removed by the contractor at the direction of county, the contractor shall have a lien dependent on his or her possession for his or her compensation for towage and safekeeping of such vehicle.

(Prior code § 16.727)

Whenever the county has determined that a vehicle has been abandoned, the county or its agent shall determine if the estimated value of the vehicle that has been ordered removed, towed, or stored is $300 or less, over $300, but $4,000 or less, or over $4,000.

(Prior code § 16.730; Ord. 5006-B)

It shall be considered a violation of county ordinances for any vehicle to be parked or left standing upon the highway for 72 or more consecutive hours. Said vehicle may be removed immediately.

(Prior code § 16.735)

A. Not less than 72 hours before the vehicle is removed, the county shall securely attach to the vehicle a distinctive notice which states that the vehicle will be removed by the county.

B. Concurrent with that posting, a notice shall be mailed to the registered and legal owners at the address of record with the Department of Motor Vehicles. The notice shall include a statement that the vehicle will be removed and disposed of within 72 hours from the date of the notice and a statement that the owners or interested person have the opportunity for a hearing before a hearing officer to determine the validity of the proposed action to remove and dispose of the vehicle. If a request for a hearing is made in person, in writing, or by telephone within 10 days of the date of the notice and that if the owner or interested person or agent disagrees with the decision of the hearing officer, the decision may be reviewed, pursuant to Section 11523 of the Government Code. During the time of the initial hearing or the review hearing, the vehicle in question shall not be disposed of.

C. Any requested hearing shall be conducted within 48 hours of the request, excluding weekends and holidays.

D. The director of public works or his designee may conduct the hearing providing that the hearing officer is not the same person who directed removal of the vehicle.

E. The failure of either the registered or legal owner or interested person or his agent to request and to attend a scheduled hearing shall satisfy the hearing requirement of this section.

F. If after 72 hours from the notification date the vehicle remains unclaimed or is not removed, and if no request for hearing was received or the hearing was not attended, the county shall cause removal and disposal of the vehicle.

G. At the conclusion of the hearing, the hearing officer shall issue a decision and if it is so determined, direct removal and disposal of the vehicle.

(Prior code § 16.740; Ord. 5006-B, 1999)

If the vehicle is determined to have a value exceeding $300, pursuant to Section 10.24.080, the lien shall be satisfied, pursuant to Sections 3067 to 3075, inclusive of the Civil Code.

(Prior code § 16.745)

Vehicles removed and disposed of, pursuant to Section 10.24.100, or disposed of, pursuant to Section 10.24.100, 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 Section 5004, in which case, the vehicle may be reconstructed or made operable.

(Prior code § 16.750)