Chapter 1 — GENERAL PROVISIONS AND DEFINITIONS

In addition to and in accordance with the determination made and the authority granted by the State of California under Section 22660 of the Vehicle Code to abate and remove abandoned, wrecked, dismantled or inoperative vehicles or parts thereof as public nuisances, the Board of Supervisors of the County of San Diego hereby makes the following findings and declarations.

The accumulation and storage of abandoned, wrecked, dismantled, or inoperative vehicles or parts on private or public property, 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 on private or public property, except as expressly provided, is hereby declared to constitute a public nuisance which may be abated and removed in accordance with the provisions of this division.

(Added by Ord. No. 8125 (N.S.), effective 9-3-92)

(a) "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 the component parts of such device. Vehicle includes registered and unregistered vehicles.

(b) "Abandoned Vehicle" includes:

(1) Any vehicle or part that is parked, stored or left on public or private property in such inoperable or neglected

condition that the owner's intention to relinquish all rights or interests in it may be reasonably concluded.

(2) Any vehicle or part that is wrecked, dismantled or inoperative, and that is parked, stored, or left on public or private

property, except as provided in Section 78.104 of this division.

(3) Any vehicle left, parked, resting or otherwise immobilized on any highway or public right of way which lacks an

engine, transmission, wheels, tires, doors, windshield, or any other part or equipment necessary to operate safely on the highway.

(c) "Public Nuisance Vehicle" means any abandoned vehicle, or any vehicle or part that is wrecked, dismantled or inoperative, that is left on public or private property, and that creates a condition tending to reduce the value of private property, promotes blight and deterioration, invites plundering, creates fire hazards, constitutes an attractive nuisance endangering the health and safety of minors, harbors rodents and insects, or jeopardizes health, safety and general welfare.

(d) "Wrecked Vehicle" means any vehicle that is damaged to such an extent that it cannot be operated safely upon the highway.

(e) "Dismantled Vehicle" means any vehicle that is partially or wholly disassembled.

(f) "Inoperative Vehicle" means any motor vehicle that cannot be moved under its own power.

(g) "Highway" means a way or place of whatever nature open to the use by the public for purposes of vehicular travel. Highway includes street. Highway includes County maintained as well as non-County maintained public highways.

(h) “Designated Employee” means those employees of the Department of Planning and Development Services whose duties include enforcement of this division. Designated employee includes the Director of the Department of Planning and Development Services.

(i) "Hearing Officer" means the County Abatement Board as defined in the Uniform Public Nuisance Abatement Procedure, Chapter 2, Division 6, Title 1 (commencing with Section16.201) of this Code.

(j) "Officer" means a peace officer as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or any employee of the Sheriff's Department or California Highway Patrol designated to enforce the provisions of this division.

(k) "Cost of Abatement" means all costs incurred in the abatement and removal of a vehicle or part including, but not limited to, hearing costs, staff costs, legal costs, overhead, administration, appeal costs, assessment confirmation hearing costs, towing and removal costs, and costs of storage and sale.

(l) "Uniform Public Nuisance Abatement Procedure" means Chapter 2, Division 6, Title 1 (commencing with Sec.16.201) of the San Diego County Code of Regulatory Ordinances.

(m) "Public Property" includes highways.

(Added by Ord. No. 8125 (N.S.), effective 9-3-92; amended by Ord. No. 8553 (N.S.), effective 8-10-95, operative 8-10-95; amended by Ord. No. 10211 (N.S.), effective 6-1-12; amended by Ord. No. 10224 (N.S.), effective 10-25-12)

No person shall do or commit or cause to be committed any of the following acts:

(a) Abandon or permit the abandonment of a vehicle or part on private or public property.

(b) Park, store, leave or permit the parking, storage or leaving of a vehicle or part on private or public property in such inoperative or neglected condition that it can be reasonably concluded that all rights or interests of the owner in such vehicle or part have been relinquished.

(c) Park, store, leave or permit the parking, storing, or leaving of any vehicle in a wrecked, dismantled, or inoperative condition on private or public property.

(d) Park, store, leave or permit the parking, storing or leaving of any vehicle on any highway or public right of way which lacks an engine, transmission, wheels, tires, doors, windshield, or any other part or equipment necessary to operate safely on the highway.

(Added by Ord. No. 8125 (N.S.), effective 9-3-92)

This division shall not apply to:

(a) A vehicle or part 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.

(b) A vehicle or part 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 a junk yard.

(c) Nothing in this Section shall authorize the maintenance of a public or private nuisance.

(Added by Ord. No. 8125 (N.S.), effective 9-3-92)

(a) Except as provided below, any person violating any provision of this division shall be deemed guilty of an infraction.

(b) Any person convicted of an infraction under this division shall be punished by a fine not less than $100 for the first violation, and by a fine not less than $200 for a second violation on the same site within one year. No part of any fine imposed shall be suspended.

(c) A person convicted of a third or subsequent violation of this division within two years from the date of the first conviction shall be deemed guilty of a misdemeanor.

(d) Each day on which a violation occurs or continues shall constitute a separate offense.

(e) Paying a fine or serving a jail sentence shall not relieve any person from responsibility for correcting any condition which violates any provision of this division.

(Added by Ord. No. 8125 (N.S.), effective 9-3-92)

Any violation of this division is declared to be a public nuisance and subject to abatement and the imposition of a special assessment and lien to recover any costs of abatement in accordance with the Uniform Public Nuisance Abatement Procedure.

(Added by Ord. No. 8125 (N.S.), effective 9-3-92)

Cross reference(s)--Uniform public nuisance abatement procedure, § 16.201 et seq.

The County shall have the right to collect costs of abatement in any manner authorized by law, including but not limited to civil suit against the owner and/or the person in possession or control of the property upon which the abatement was performed. The County shall also have the right to collect costs of abatement by bringing civil suit against the owner and/or the person in possession of the vehicle or part which was abated.

(Added by Ord. No. 8125 (N.S.), effective 9-3-92)

This division is not the exclusive regulation of abandoned, wrecked, dismantled or inoperative vehicles within the County of San Diego. It shall supplement and be in addition to other regulatory codes, statutes, and ordinances enacted by the County, State, or other legal entity or agency having jurisdiction.

(Added by Ord. No. 8125 (N.S.), effective 9-3-92)

The Director of Planning and Development Services, designated employees, and any officer are responsible for enforcing the provisions of this division. Designated employees, pursuant to Penal Code Section 830.12, and any officer shall have the power to issue citations for any violations of the provisions of this division and of Vehicle Code Section 22523. No individual shall exercise the power to issue citations without first meeting the minimum training requirements of Penal Code Section 832(a). The Director of Planning and Development Services shall administer the provisions of the division.

(Added by Ord. No. 8125 (N.S.), effective 9-3-92; amended by Ord. No. 8553 (N.S.), effective 8-10-95, operative 8-10-95; amended by Ord. No. 10211 (N.S.), effective 6-1-12; amended by Ord. No. 10224 (N.S.), effective 10-25-12)

In the enforcement of this division, a designated employee or officer may enter upon private property, subject to warrant requirements under law, to examine a vehicle or part, to obtain information on the identity of a vehicle, or to remove or cause the removal of a vehicle or part pursuant to the provisions of this division.

(Added by Ord. No. 8125 (N.S.), effective 9-3-92)

When the Board of Supervisors has contracted with or granted a franchise to any person or persons, such person or persons may remove a vehicle from a highway or from private or public property, after a determination by a designated employee or officer, that the vehicle or part is abandoned. Such person or persons may enter upon private or public property, subject to warrant requirements under law, to remove or cause the removal of a vehicle or part pursuant to the provisions of this division.

(Added by Ord. No. 8125 (N.S.), effective 9-3-92)