Santa Clara County Municipal Code Art. 4 Abandoned and Inoperative Vehicles

Footnotes:

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Editor's note— It should be noted that Ord. No. NS-404.3, § 1, adopted May 9, 2000, repealed Div. 4, §§ B12-171—B12-188, which pertained to abandoned vehicles. Section 2 of said ordinance enacted provisions designated as a new Div. 4, §§ B12-171—B12-189, to read as herein set out. See the Code Comparative Table.

Note— See also the editor's footnote at the beginning of this chapter, § B12-97 et seq.

The provisions of this article are intended to provide a procedure for the abatement and removal of abandoned, wrecked, dismantled or inoperative vehicles or parts thereof, and are enacted under the authority granted by the State of California, under California Vehicle Code §§ 22660 and 22661. It is the intent of the Board of Supervisors to provide for the abatement of public nuisances consisting of abandoned, wrecked, dismantled or inoperative vehicles. This process may be conducted concurrently with or separately from the abatement of other conditions (if any) constituting a public nuisance on any premises within the County,

(Ord. No. NS-404.3, § 2, 5-9-00)

The accumulation and storage of abandoned, wrecked, dismantled or inoperative vehicles or parts thereof on private or public property, not including highways 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 in the unincorporated area of the County 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 declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this article.

(Ord. No. NS-404.3, § 2, 5-9-00)

For the purposes of this article, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

Abandoned vehicle shall mean a vehicle or the integral portions of a vehicle which is in inoperable or neglected condition, whose owner has ceased to exert or exercise any interest, right or title therein without intent to reassert such interest, right or title.

Director shall mean the Planning Director of the County of Santa Clara, or his/her authorized designee.

Dismantled vehicle shall mean a vehicle which lacks an engine, transmission, windshield, one or more wheels, tires, or doors; or any other part or equipment necessary to operate safely on the highways, or which has been taken apart, or to pieces or stripped, or otherwise deprived of its integral parts or equipment.

Highway shall mean a way or place of whatever nature, publicly maintained and open to the public's use for purposes of vehicular travel and shall include streets.

Inoperative vehicle shall mean a vehicle that cannot be immediately started and moved under its own power, or which is physically incapable of working, functioning or otherwise operating to produce its designed effect.

Property owner shall mean the owner of the land on which the vehicle, or parts thereof, is located, as shown on the last equalized assessment roll.

Public property does not include "highway."

Street shall mean all or any part of the entire width of the right-of-way of a County street, road, lane, or highway, whether or not such entire area is actually used for highway purposes.

Vehicle shall mean 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 owner shall mean the last registered owner and legal owner of record.

Wrecked vehicle shall mean a vehicle which consists of disordered or broken remains, or which has been brought to a physically impaired or unsound condition, or other ruinous state by reasons of collision or other forceful impact.

Zoning Investigator shall mean the person designated to assist the Director in the administration and enforcement of this chapter and shall have those responsibilities and rights as further set forth in this chapter, including but not limited to the removal of vehicles or parts thereof as allowed by this article.

(Ord. No. NS-404.3, § 2, 5-9-00)

Except where provided by Section B12-175, no person shall do the following in the unincorporated area of the County:

(1) Abandon a vehicle or parts thereof, on private or public property; or

(2) Park or store a vehicle or part thereof on private or public property in an abandoned, wrecked, dismantled or inoperative condition.

(Ord. No. NS-404.3, § 2, 5-9-00)

This article shall not apply to any of the following;

(1) A vehicle or part thereof that is either completely enclosed within a building, or is situated within a backyard of any premises and screened in such a manner that it is not visible from the street or other public or private property.

(2) A vehicle or part thereof, that 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 junkyard.

(3) A vehicle, or part thereof, that is located behind a solid, six-foot high fence and is not visible from a highway or street.

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

(Ord. No. NS-404.3, § 2, 5-9-00)

Except as otherwise provided in this article, the provisions of this article shall be administered and enforced by the Director. The Director may enter private or public property to remove or cause the removal of a vehicle or part thereof declared to be a nuisance pursuant to this article.

(Ord. No. NS-404.3, § 2, 5-9-00)

When the Board of Supervisors has contracted with or granted a franchise to any person to carry out the purpose of this article, such person(s) shall be authorized to enter private or public property to remove a vehicle or part thereof declared to be a nuisance as specified in this article.

(Ord. No. NS-404.3, § 2, 5-9-00)

This article is not the exclusive regulation of abandoned, wrecked, dismantled or inoperative vehicles within the unincorporated area of the County. It shall supplement the other regulatory codes, statutes and ordinances heretofore or hereafter enacted by the State, or any other legal entity or agency having jurisdiction. Nothing in this article shall be deemed to prevent the Board of Supervisors from authorizing the County Counsel to commence any other available civil or criminal proceedings to abate a public nuisance under applicable provisions of state law as an alternative to proceedings set forth in this article.

(Ord. No. NS-404.3, § 2, 5-9-00)

Upon discovering the existence of an abandoned, wrecked, dismantled or inoperative vehicle, or parts thereof, on private or public property within the County, the Director or his/her representative shall have the authority to serve abatement notices and cause subsequent removal in accordance with the procedures prescribed in this article.

(Ord. No. NS-404.3, § 2, 5-9-00)

The following abatement process is required prior to removal of any vehicle or parts thereof, as provided in this article:

(1) The Zoning Investigator shall send a letter (hereafter referred to as "letter") to the property owner and the vehicle owner notifying them of the vehicle violation(s). The property owner or vehicle owner will have ten days from the date of the letter to correct the violation. If the vehicle is in such condition that identification numbers are not available to determine ownership, a letter will be posted on the property and on the vehicle. All reasonable efforts will be made by the County to notify the property and/or vehicle owner of the County ordinance violation(s).

(2) At the end of the ten days, a re-inspection of the property will occur. If the violation still exists, the Zoning Investigator will send to the property and vehicle owner a ten-day "notice of intention to abate" (hereafter referred to as "notice") via certified or registered mail. If the vehicle identification numbers are not available to determine ownership, the abatement letter will be posted on the vehicle.

The notice shall include the following information:

a. Property owner's name and address.

b. Assessor's parcel number.

c. Vehicle identification.

d. A statement that the property owner or vehicle owner may request a hearing before the Director to appeal the abatement letter and/or notice.

e. A statement that the property owner or vehicle owner may appear in person at the hearing, or, in lieu of appearing, may submit a sworn written statement denying responsibility for the presence of the vehicle on the property, with his/her reasons for such denial.

f. A statement indicating that failure to take action requested or request a hearing within the specified ten-day period will be deemed a waiver of such rights and the Director will abate the nuisance.

g. The requirement that after the vehicle is removed, it shall not be reconstructed or made operable except as provided in California Vehicle Code § 5004.

(3) The notice will be mailed by registered or certified mail, to the property owner as shown on the last equalized assessment roll, and to the last registered and legal owner of the vehicle unless the vehicle is in such condition that identification numbers are not available to determine ownership.

(4) The notice is not required when the vehicle or part thereof is inoperable due to the absence of a motor, transmission, or wheels and, each of the following conditions are found to exist by the Zoning Investigator:

a. The vehicle or part thereof is incapable of being towed;

b. The vehicle is valued at less than $200.00 by a person specified in California Vehicle Code § 22855.

c. The vehicle or part thereof is determined by the Zoning Investigator to be a public nuisance presenting an immediate threat to public health or safety;

d. The property owner and the vehicle owner have signed releases authorizing removal and waiving further interest in the vehicle or part thereof; and

e. All other provisions of California Vehicle Code § 22661(c) have been satisfied.

(Ord. No. NS-404.3, § 2, 5-9-00)

The vehicle owner and/or the owner of the property on which the vehicle is located shall have the right to request a public hearing before the Director, to consider the decision of the Zoning Investigator. The request shall be submitted in writing to the Director within ten days after mailing of the notice. Such request shall be accompanied by a fee as established by the Board of Supervisors. The property or vehicle owner can present information to show reasons why he/she is not responsible for the violation and therefore, not liable for the administrative County costs associated with the abatement process.

If a request for hearing is not received within the ten-day period, the Director shall have the authority to abate and remove the vehicle or parts thereof as a public nuisance.

(Ord. No. NS-404.3, § 2, 5-9-00)

(a) Upon timely appeal of the Zoning Investigator's decision, a public hearing shall be conducted by the Director who will consider all facts and testimony as he/she considers appropriate. The facts and testimony may include the condition of the vehicle or parts thereof and the circumstances concerning its location on private or public property. The property owner or vehicle owner may appear in person at the hearing or, in lieu of appearing, present a sworn, written statement for consideration at the review regarding responsibility for the presence of the vehicle on the land or any other relevant information.

(b) At the conclusion of the hearing, the Director shall reverse, modify or affirm the determinations of the Zoning Investigator and make such orders and confirmation of costs as appropriate. The decision shall be in writing, shall contain findings of fact and be filed with the Planning Commission secretary.

(1) Where a nuisance is declared, the decision shall contain a finding that the vehicle or part thereof was "abandoned, wrecked, dismantled or inoperative" thereby constituting a public nuisance, include the basis for that finding and order the abatement and removal of the vehicle or part thereof.

(2) A copy of the decision shall be sent to the property owner and vehicle owner.

(c) If the Director finds that the vehicle constitutes a public nuisance under this article, the Director shall order the vehicle removed and disposed of as specified in this article and assess any removal and/or administrative costs to be charged against the property owner. The order requiring removal shall include a description of the vehicle or parts thereof, the corresponding identification and license number of the vehicle, if available.

(d) If it is determined at the hearing that the vehicle was placed on the land without consent of the property owner and he/she did not subsequently acquiesce to its presence, then the Director shall waive the costs of administration or removal of the vehicle against the property upon which the vehicle is located and may not otherwise attempt to collect such costs from such property owner.

(e) The property owner or vehicle owner need not file a sworn statement if attending the hearing, but may do so. Such sworn statement will be considered only as to the vehicle(s) or parts thereof, and will not be considered as evidence of any other condition on the property which may be found to constitute a nuisance in this or any other proceeding.

(f) If the property owner does not abate the violation(s) following the expiration of the appeal period, the Director shall have the authority to abate and remove the violation and charge the property owner for removal and administrative costs. If the property owner does not pay the bill within 30 days of its mailing, a lien will be placed on the property for the original costs and any subsequent administrative costs to abate the original vehicle violation(s).

(g) The property owner and/or vehicle owner has the right to appeal the Director's decision as specified in Section B12-183.

(Ord. No. NS-404.3, § 2, 5-9-00)

The vehicle owner and/or the owner of the property on which the vehicle is located shall have the right to request a public hearing before the Planning Commission, to consider the decision of the Director. The request shall be submitted in writing to the Director within ten days after receiving the notice. Such request shall be accompanied by a fee as established by the Board of Supervisors. The property or vehicle owner can present information to show reasons why he/she is not responsible for the violation and therefore, not liable for the administrative County costs associated with the abatement process.

If a request for hearing is not received within the ten-day period, the Director shall have the authority to abate and remove the vehicle or part thereof as a public nuisance.

(Ord. No. NS-404.3, § 2, 5-9-00)

(a) Upon timely appeal of the Director's decision, a public hearing shall be conducted by the Planning Commission which will consider all facts and testimony as the Commission considers appropriate. The facts and testimony may include the condition of the vehicle or parts thereof and the circumstances concerning its location on private or public property. The property owner or vehicle owner may appear in person at the hearing or, in lieu of appearing, present a sworn, written statement for consideration at the review regarding responsibility for the presence of the vehicle on the land or any other relevant information.

(b) At the conclusion of the hearing, the Planning Commission shall reverse, modify or affirm the determinations of the Director and make such orders and confirmation of costs as appropriate. The decision shall be in writing, shall contain findings of fact and be filed with the Planning Commission secretary.

(1) Where a nuisance is declared, the decision shall contain a finding that the vehicle or part thereof was "abandoned, wrecked, dismantled or inoperative" thereby constituting a public nuisance, include the basis for that finding and order the abatement and removal of the vehicle or parts thereof.

(2) A copy of the decision shall be sent to the property owner and vehicle owner.

(c) If the Planning Commission finds that the vehicle constitutes a public nuisance under this article, the Planning Commission shall order the vehicle removed and disposed of as specified in this article and assess any removal and/or administrative costs to be charged against the property owner. The order requiring removal shall include a description of the vehicle or parts thereof, the corresponding identification and license number of the vehicle, if available.

(d) If it is determined at the hearing that the vehicle was placed on the land without consent of the property owner and he/she did not subsequently acquiesce to its presence, then the Planning Commission shall waive the costs of administration or removal of the vehicle against the property upon which the vehicle is located and may not otherwise attempt to collect such costs from such property owner.

(e) The property owner or vehicle owner need not file a sworn statement if attending the hearing, but may do so. Such sworn statement will be considered only as to the vehicle(s) or parts thereof, and will not be considered as evidence of any other condition on the property which may be found to constitute a nuisance in this or any other proceeding.

(f) If the property owner does not abate the violation(s) following the expiration of the appeal period, the Director shall have the authority to abate and remove the violation and charge the property owner for removal and administrative costs. If the property owner does not pay the bill within 30 days of its mailing, a lien will be placed on the property for the original costs and any subsequent administrative costs to abate the original vehicle violation(s).

(g) The decision of the Planning Commission on this matter is final.

(Ord. No. NS-404.3, § 2, 5-9-00)

Ten days after the determination by the Director or Planning Commission declaring the vehicle or parts thereof to be a public nuisance, the vehicle or parts thereof may be disposed of, by removal to a scrap yard or automobile dismantler's yard.

After a vehicle has been removed it shall not be reconstructed or made operable unless it is a vehicle that qualifies for either horseless carriage license plates or historical vehicle license plates, pursuant to California Vehicle Code § 5004.

(Ord. No. NS-404.3, § 2, 5-9-00)

Thereafter the licensed dismantler or owner of the commercial enterprise who receives possession of the vehicle from the County shall be deemed to be the sole vehicle owner by reason of voluntary sale and transfer made pursuant to the law. After a vehicle has been removed, it shall not thereafter 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 Vehicle Code § 5004.

(Ord. No. NS-404.3, § 2, 5-9-00)

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 part thereof removed and any evidence of registration available, including, but not limited to, the registration card, certificates of ownership, or license plates.

(Ord. No. NS-404.3, § 2, 5-9-00)

If a property owner commits additional vehicle abatement violations within a two-year period, the County may order the property owner to pay triple (three times) the cost of the additional vehicle abatement(s).

(Ord. No. NS-404.3, § 2, 5-9-00)

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

(Ord. No. NS-404.3, § 2, 5-9-00)