San Diego County Municipal Code Ch. 2 Removal of Abandoned Vehicles Pursuant to Vehicle Code Section 22660

Pursuant to authority under Vehicle Code Section 22660, if a designated employee or officer has reasonable grounds to believe that a vehicle or part has been abandoned, or that a wrecked, dismantled, or inoperative vehicle or part has been parked, stored or left on public or private property in violation of the provisions of this division, the designated employee or officer may abate and remove the vehicle or part as a public nuisance in accordance with the procedures prescribed in this chapter.

(Added by Ord. No. 8125 (N.S.), effective 9-3-92; amended by Ord. No. 10211 (N.S.), effective 6-1-12)

(a) A notice of intention to abate and remove a vehicle or part as a public nuisance shall be given not less than ten (10) days before such abatement and removal, unless the property owner and the owner of the vehicle have signed releases authorizing removal and waiving further interest in the vehicle or part. The notice of intention to abate and remove shall fulfill the requirements of the notice and order to abate required under the Uniform Public Nuisance Abatement Procedure.

(b) A notice of intention to abate and remove is not required for removal of a vehicle or part which is inoperable due to the absence of a motor, transmission, or wheels and incapable of being towed, and

(1) the vehicle or part is valued at less than two hundred dollars ($200) by a person specified in Vehicle Code Section 22855, and

(2) the vehicle or part is determined to be a public nuisance presenting an immediate threat to public health or safety, and

(3) the property owner has signed a release authorizing removal and waiving further interest in the vehicle or part, and

(4) the inoperable vehicle is located upon a parcel that is (a) zoned for agricultural use, or (b) not improved with a residential structure containing one or more dwelling units.

(c) The notice of intention to abate and remove shall contain a statement of the following:

(1) the hearing rights of the owner of the property on which the vehicle or part is located, and

(2) the hearing rights of the owner of the vehicle or part, and

(3) notice to the property owner that he may appear in person at a hearing or may submit a sworn written statement denying responsibility for the presence of the vehicle on the land, with his reasons for such denial, in lieu of appearing.

(d) The notice of intention to abate and remove shall be mailed, by registered or certified mail, to the owner of the land as shown on the last equalized assessment roll, and to the last registered and legal owners of record of the vehicle unless the vehicle or part is in such condition that identification numbers are not available to determine ownership. The notice of intention to abate and remove may also be served in person by a designated employee. When personal service is utilized, the owner of the land or vehicle shall acknowledge service by signature.

(e) If the vehicle or part to be abated is located on private property, the notice of intention to abate and remove shall be posted conspicuously in front of the property, or if the property has no frontage upon any street or highway, then upon the portion of the property nearest to a street or highway most likely to give actual notice to the owner and any person in possession of the property.

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

(a) A public hearing shall be held before the County Abatement Board upon request of the owner of the vehicle or part, or upon request of the owner of the land on which such vehicle or part is located.

(b) A request for a public hearing shall be made in writing to the Clerk of the Board of Supervisors within 10 days after either,

(1) the mailing of the notice of intention to abate and remove, or

(2) personal service of such notice.

(c) If the owner of the land on which the vehicle is located submits a sworn written statement denying responsibility for the presence of the vehicle or part on his land within the time period specified in subsection (c) [subsection (b)] above, this statement shall be construed as a request for a public hearing which does not require the presence of the owner submitting such request.

(d) Parties requesting a public hearing shall pay an appeal fee or submit an application for waiver of the appeal fee as provided in Sec. 16.207 of the Uniform Public Nuisance Abatement Procedure. Failure to submit the waiver form or to pay the appeal fee within the time provided in the Uniform Public Nuisance Abatement Procedure shall cause the appeal request to be automatically denied. The abatement may then proceed as if no appeal request had been submitted.

(e) If a request for a public hearing is not received within the specified time period, the designated employee or officer shall have authority to remove the vehicle or part and collect the costs of abatement as prescribed in the Uniform Public Nuisance Abatement Procedure or in any other manner allowed by law.

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

(a) The hearing shall be conducted in accordance with the requirements of the Uniform Public Nuisance Abatement Procedure.

(b) The owner of the land on which the vehicle is located may appear in person at the hearing or present a sworn written statement denying responsibility for the presence of the vehicle on the land, with his reasons for such denial.

(c) The hearing officer shall make such findings, orders, charges, and confirmation of costs, as appropriate, in conformance with the Uniform Public Nuisance Abatement Procedure.

(d) If the hearing officer determines that the vehicle or part was placed on the land without the consent of the landowner and that he has not subsequently acquiesced in its presence, then the cost of abatement of the vehicle shall not be assessed against the property upon which the vehicle is located, nor shall any other attempt be made to collect such cost from the property owner.

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

Upon the failure, neglect or refusal to comply with an abatement order of the hearing officer within the prescribed time period, the designated employee or officer shall abate and remove the vehicle or part and collect the costs of abatement as prescribed in the Uniform Public Nuisance Abatement Procedure or in any other manner allowed by law.

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

Written notice shall be given to the Department of Motor Vehicles within five days after the date of removal. Such notice shall identify the vehicle or part and any evidence of registration available, including, but not limited to, the registration card, certificates of ownership, or license plates.

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

SEC. 78.207. NOTICE TO OWNER OF LOW-VALUE VEHICLE REMOVED PURSUANT TO SEC. 78.202(b) PRIOR TO FINAL DISPOSITION.

Prior to final disposition under Sec. 78.208 of a vehicle or part removed without notice pursuant to Sec. 78.202(b) for which evidence of registration was recovered pursuant to Sec. 78.206, notice of intent to dispose of the vehicle or part shall be mailed to the registered and legal owners of such vehicle or part. If the vehicle or part is not claimed and removed within 12 days after notice is mailed, from a location specified in Sec. 78.208, final disposition may proceed.

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

Any vehicle or part removed pursuant to this chapter may be disposed of by removal to a scrapyard or licensed automobile dismantler's yard or other final disposition consistent with Sec. 78.209.

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

After a vehicle has been removed it shall not be reconstructed or made operable, except a vehicle which qualifies for either horseless carriage license plates or historical vehicle license plates pursuant to Vehicle Code Section 5004, in which case the vehicle may be reconstructed or made operable.

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

Upon entry of a second or subsequent civil or criminal judgment against a property owner within a two year period for violations of this division, a court may order the owner to pay the costs of administration and removal of the abatement.

(Added by Ord. No. 8125 (N.S.), effective 9-3-92; amended by Ord. No. 10646 (N.S.), effective 2-14-20)