San Benito County Municipal Code Art. II Junked, Abandoned and the Like Vehicles

In addition to and in accordance with the determination made and the authority granted by the state under Cal. Vehicle Code § 22660 to remove abandoned, wrecked, dismantled or inoperative vehicles or parts thereof as public nuisances, the Board of Supervisors of the county hereby makes the following findings and declaration: The accumulation and storage of abandoned, wrecked, dismantled or inoperative vehicles or parts thereof on private or public property not including highways is hereby 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 not including highways, except as expressly hereinafter permitted, is hereby declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this article.

(1966 Code, § 9-9) (Ord. 277, § 1)

For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section.

HIGHWAY. A way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. HIGHWAY includes STREET.

PUBLIC PROPERTY. Does not include “highway”.

VEHICLE. 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.

(1966 Code, § 9-10) (Ord. 277, § 1)

(A) This article shall not apply to:

(1) 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;

(2) 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, a junk dealer, or when the storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise; or

(3) 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 highway or other public or private property.

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

(1966 Code, § 9-11) (Ord. 277, § 2; Ord. 362)

This article is not the exclusive regulation of abandoned, wrecked, dismantled or inoperative vehicles within the unincorporated area of 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.

(1966 Code, § 9-12) (Ord. 277, § 3)

Except as otherwise provided herein, the provisions of this article shall be administered and enforced by the Sheriff of the county. In the enforcement of this article, the officer and his or her deputies 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 a vehicle or part thereof declared to be a nuisance pursuant to this article.

(1966 Code, § 9-13) (Ord. 277, § 4)

When the Board of Supervisors has contracted with or granted a franchise to any person or persons, the person or persons shall be authorized to enter upon private property or public property to remove or cause the removal of a vehicle or parts thereof declared to be a nuisance pursuant to this article.

(1966 Code, § 9-14) (Ord. 277, § 5)

The Board of Supervisors shall from time to time by resolution determine and fix an amount to be assessed as administrative costs, exclusive of the actual cost of removal of any vehicle or part thereof under this article.

(1966 Code, § 9-15) (Ord. 277, § 6)

Notice of intention to abate and remove a vehicle or part thereof as a public nuisance shall be given at least ten days before the abatement and removal. The notice shall contain a statement of the hearing rights of the owner of the property on which the vehicle is located and the owner of the vehicle. The statement shall include 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 on the land with his or her reasons for the denial, in lieu of appearing. The notice of intention to abate and remove shall be mailed by registered mail to the owner of land as shown on the last equalized assessment roll and to the last registered and legal owner of record unless the vehicle is in such condition that identification numbers are not available to determine ownership.

(1966 Code, § 9-16) (Ord. 362)

(A) A public hearing shall be held before the Board of Supervisors of the county upon request for such by the owner of the vehicle or the owner of land on which the vehicle was located. The request shall be made to the Board of Supervisors within ten days after the mailing of notice of intention to abate and remove the vehicle. If the owner of 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 such time period, this statement shall be construed as a request for hearing which does not require the presence of the owner submitting the request. If such a request is not received within the period, the Sheriff, his or her deputies, assistants or employees have the authority to remove the vehicle, and in such cases the Board of Supervisors shall assess administrative and removal costs.

(B) If a hearing is requested or construed to be requested the Board of Supervisors shall set a time for hearing. Fifteen days’ notice of hearing shall be mailed to all parties requesting a hearing and to all land owners who have submitted sworn written statements denying liability.

(1966 Code, § 9-17) (Ord. 277, § 7; Ord. 362)

(A) All hearings under this article shall be before the Board of Supervisors of the county, 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. The Board of Supervisors shall not be limited by the technical rules of evidence. The owner of land on which the vehicle is located may appear in person at the hearing or may present a sworn written statement denying responsibility for the presence of the vehicle on the land with his or her reasons for the denial.

(B) 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 article. It may delay the time for removal of the vehicle or part thereof, if, in its opinion, the circumstances justify it. At the conclusion of the public hearing, the Board of Supervisors may find that a vehicle or part thereof has been abandoned, wrecked, dismantled or is inoperative on private or public property 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 costs 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.

(C) If it is determined at the hearing that the vehicle was placed on the land without the consent of the landowner and that he or she 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 the costs from the landowner.

(1966 Code, § 9-18) (Ord. 277, § 9; Ord. 362)

Upon removal of a vehicle by the Sheriff, his or her deputies, assistants or employees under § 17.01.028, or not less than 30 days after action by the Board of Supervisors authorizing removal, the vehicle or parts thereof may be disposed of by removal to a scrapyard. After a vehicle has been removed, it shall not thereafter be reconstructed or made operable.

(1966 Code, § 9-19) (Ord. 277, § 10; Ord. 362)

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.

(1966 Code, § 9-20) (Ord. 277, § 11)

If the administrative costs and the cost of removal which are charged against a parcel of land pursuant to §§ 17.01.028 and 17.01.029 are not paid within 30 days of the date of the order, the costs shall be assessed against the parcel of land pursuant to Cal. Gov’t Code § 25845 and shall be transmitted to the Tax Collector for collection. The assessment shall have the same priority as other county taxes.

(1966 Code, § 9-21) (Ord. 277, § 12; Ord. 362)

(A) It shall be unlawful and a misdemeanor for any person to abandon, park, store or leave or permit the abandonment, parking, storing or leaving of any licensed or unlicensed vehicle or part thereof which is in an abandoned, wrecked, dismantled or inoperative condition upon any private property or public property not including highways within the county for a period in excess of 30 days unless the vehicle or part thereof is completely enclosed within a building in a lawful manner where it is not plainly visible from the street or other public or private property, or unless the 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 junk yard.

(B) It shall be unlawful and a misdemeanor for any person to fail or refuse to remove an abandoned, wrecked, dismantled or inoperative vehicle or part thereof or refuse to abate the nuisance when ordered to do so in accordance with the abatement provisions of this article or state law where the state law is applicable.

(1966 Code, § 9-22) (Ord. 277, §§ 13, 14)