Santa Barbara County Municipal Code § 23-23 Notices to abate

In addition to and in accordance with the determination made and the authority granted by the state under section 22660 of the Vehicle Code to remove abandoned, wrecked, dismantled or inoperative vehicles or parts thereof as public nuisances, the board of supervisors hereby makes the following findings and declarations:

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 parts 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.

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.

Owner of the Land. The owner of the land on which the vehicle, or parts thereof, is located, as shown on the last equalized assessment roll.

Owner of the Vehicle. The last registered owner and legal owner of record.

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.

(Ord. No. 2534, § 1; Ord. No. 2653, § 1)

This article shall not apply to:

(a) A vehicle, or parts 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;

(b) A vehicle which is not plainly visible from a highway, from other property open to the public, or from adjoining private property;

(c) A vehicle, or parts 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 such storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise;

(d) Vehicles or parts thereof placed and used for flood and erosion control purposes with prior approval of the county flood control and water conservation district engineer.

(Ord. No. 2534, § 1; Ord. No. 2653, § 1)

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.

(Ord. No. 2534, § 1; Ord. No. 2653, § 1)

Except as otherwise provided herein, the provisions of this article shall be administered and enforced by the department of public works. In the enforcement of this article officers or employees of the department of public works 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 parts thereof declared to be a nuisance pursuant to this article.

(Ord. No. 2534, § 1; Ord. No. 2653, § 1)

When the board of supervisors has contracted with or granted a franchise to any person, such person 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.

(Ord. No. 2534, § 1; Ord. No. 2653, § 1)

The enforcing officer shall determine and fix an amount to be assessed as administrative costs excluding the actual cost of removal of any vehicle or parts thereof under this article.

(Ord. No. 2534, § 1; Ord. No. 2653, § 1; Ord. No. 2667, § 1)

Upon discovering the existence of an abandoned, wrecked, dismantled or inoperative vehicle, or parts thereof, on private property or public property within the county, the department of public works shall have the authority to cause the abatement and removal thereof in accordance with the procedure prescribed herein.

(Ord. No. 2534, § 1; Ord. No. 2653, § 1)

A ten day notice of intention to abate and remove the vehicle, or parts thereof, as a public nuisance shall be mailed by registered or certified mail to the owner of the land and to the owner of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership. The notices of intention shall be in substantially the following forms: "NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED, WRECKED, DISMANTLED OR INOPERATIVE VEHICLE OR PARTS THEREOF AS A PUBLIC NUISANCE

"(Name and address of owner of the land)

"As owner shown on the last equalized assessment roll of the land located at (address), you are hereby notified that the undersigned pursuant to (section of ordinance or municipal code) has determined that there exists upon said land an (or parts of an) abandoned, wrecked, dismantled or inoperative vehicle registered to _______, license number _______, which constitutes a public nuisance pursuant to the provisions of (ordinance or municipal code chapter number).

"You are hereby notified to abate said nuisance by the removal of said vehicle (or said parts of a vehicle) within 10 days from the date of mailing of this notice and upon your failure to do so the same will be abated and removed by the County and the costs thereof, together with the administrative costs may be assessed to you as owner of the land on which said vehicle (or said parts of a vehicle) is located.

"As owner of the land on which said vehicle (or said parts of a vehicle) is located, you are hereby notified that you may, within 10 days after the mailing of this notice of intention, request a public hearing and if such a request is not received by the Department of Public Works within such 10-day period, the County Department of Public Works shall have the authority to abate and remove said vehicle (or said parts of a vehicle) as a public nuisance and may assess the costs as aforesaid without a public hearing. You may submit a sworn written statement within such 10-day period denying responsibility of the presence of said vehicle (or said parts of a vehicle) on said land, with your reasons for denial, and such statement shall be construed as a request for hearing at which your presence is not required. You may appear in person at any hearing requested by you or the owner of the vehicle, or, in lieu thereof, may present a sworn written statement as aforesaid in time for consideration at such hearing.

"Notice Mailed (date)

"PUBLIC WORKS DEPARTMENT

"COUNTY OF SANTA BARBARA

"By ..."

"NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED, WRECKED, DISMANTLED OR INOPERATIVE VEHICLE OR PARTS THEREOF AS A PUBLIC NUISANCE

"(Name and address of last registered and/or legal owner of record of vehicle—notice should be given to both if different)

"As last registered (and/or legal) owner of record of (description of vehicle — make, model, license, etc.), you are hereby notified that the undersigned pursuant to (section of ordinance or municipal code) has determined that said vehicle (or parts of a vehicle) exists as an abandoned, wrecked, dismantled or inoperative vehicle at (describe location on public or private property) and constitutes a public nuisance pursuant to the provisions of (ordinance or municipal code chapter number).

"You are hereby notified to abate said nuisance by the removal of said vehicle (or said parts of a vehicle) within 10 days from the date of mailing of this notice.

"As registered (and/or legal) owner of record of said vehicle (or said parts of a vehicle), you are hereby notified that you may, within 10 days after the mailing of this notice of intention, request a public hearing and if such a request is not received by the County Department of Public Works within such 10-day period, the County Department of Public Works shall have the authority to abate and remove said vehicle (or said parts of a vehicle) without a hearing.

"Notice Mailed (date)

"PUBLIC WORKS DEPARTMENT

"By ..."

(Ord. No. 2534, § 1; Ord. No. 2653, § 1; Ord. No. 2667, § 2)

Upon request by the owner of the vehicle or owner of the land received by the county department of public works within ten days after the mailing of the notices of intention to abate and remove, a public hearing shall be held by the director of public works or an assistant director designated by him to be the hearing officer on the question of abatement and removal of the vehicle or parts thereof as an abandoned, wrecked, dismantled or inoperative vehicle, and the assessment of the administrative costs and the cost of removal of the vehicle or parts thereof against the property on which it is located.

If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle on his land within such ten day period, such statement shall be construed as a request for a hearing which does not require his presence. Notice of the hearing shall be mailed by registered or certified mail, at least ten days before the hearing to the owner of the land and to the owner of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership. If such a request for hearing is not received within such ten days after mailing of the notice of intention to abate and remove, the county shall have the authority to abate and remove the vehicle or parts thereof as a public nuisance without holding a public hearing.

(Ord. No. 2534, § 1; Ord. No. 2653, § 1)

All hearings under this article shall be held before the director of public works or his designated assistant which shall hear all facts and testimony which he deems to be pertinent. Such facts and testimony may include testimony on the condition of the vehicle or parts thereof and the circumstances concerning its location on such private property or public property. The hearing officer shall not be limited by the technical rules of evidence. The owner of the land may appear in person at the hearing or present a sworn written statement in time for consideration at the hearing, and deny responsibility for the presence of the vehicle on the land, with his reasons for such denial.

The director of public works or his designated assistant may impose such conditions and take such other action as he deems appropriate under the circumstances to carry out the purpose of this article.

It may delay the time for removal of the vehicle or parts thereof if, in its opinion, the circumstances justify it. At the conclusion of the public hearing, the hearing officer may find that a vehicle or parts 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 may determine the administrative costs and the cost of removal to be charged against the owner of the land. The order requiring removal shall include a description of the vehicle or parts thereof and the correct identification number and license number of the vehicle, if available at the site.

If it is determined at the hearing that the vehicle was placed on the land without the consent of the owner of the land and that he has not subsequently acquiesced in its presence, the hearing officer shall not assess the costs of administration or removal of the vehicle against the property upon which the vehicle is located or otherwise attempt to collect such costs from such owner of the land.

If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle on his land but does not appear, or if an interested party makes a written presentation to the hearing officer but does not appear, he shall be notified in writing of the decision.

(Ord. No. 2534, § 1; Ord. No. 2653, § 1; Ord. No. 2667, § 3)

Any interested party may appeal the decision of the hearing officer by filing a written notice of appeal with such hearing officer within five days after its decision.

Such appeal shall be heard by the board of supervisors which may affirm, amend or reverse the order or take other action deemed appropriate.

The clerk shall give written notice of the time and place of the hearing to the applicant and those persons specified in section 23-23.

In conducting the hearing the board of supervisors shall not be limited by the technical rules of evidence.

(Ord. No. 2534, § 1; Ord. No. 2653, § 1)

Five days after adoption of the order declaring the vehicle or parts thereof to be a public nuisance, five days from the date of mailing of notice of the decision, if such notice is required by section 23-26, or fifteen days after such action of the governing body authorizing removal following appeal, the vehicle or parts thereof may be disposed of as provided by regulations adopted by the board of supervisors. After a vehicle has been removed it shall not thereafter be reconstructed or made operable.

(Ord. No. 2653, § 1)

Within five days after the date of removal of the vehicle or parts thereof, notice shall be given to the department of motor vehicles identifying the vehicle or parts 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.

(Ord. No. 2653, § 1)

If administrative costs and cost of removal are charged against the owner of a parcel of land pursuant to section 23-26 of this Code, and are not paid within thirty days of the date of the order, or the final disposition of an appeal therefrom, such costs shall be assessed against the parcel of land pursuant to section 25845 of the Government Code and shall be transmitted to the tax collector for collection. Such assessment shall have the same priority as other county taxes.

(Ord. No. 2534, § 1; Ord. No. 2653, § 1; Ord. No. 2667, § 4)