Shasta County Municipal Code Ch. 10.04 Abandoned Vehicles

A. 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 of the county makes the following findings and declarations:

B. The accumulation and storage of abandoned, wrecked, dismantled or inoperative vehicles or parts thereof on private or public property 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 of an abandoned, wrecked, dismantled or inoperative vehicle or part thereof, on private or public property, 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 chapter.

(Ord. 92-8 § 1, 1992: prior code § 3460)

As used in this chapter:

"Abandoned vehicles" includes but is not limited to any vehicle which is parked or left standing upon a highway for one hundred twenty or more consecutive hours.

"Highway" means a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. "Highway" means and includes street.

"Public property" means any property owned by the federal government, the state or a municipality, including highways.

"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, and shall include abandoned, wrecked, dismantled or inoperative vehicles or parts thereof.

(Ord. 92-8 § 2, 1992; prior code § 3461)

This chapter shall not apply to:

A. A vehicle or part thereof which is not visible from the street or other public or private property; or

B. 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 such storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise.

(Prior code § 3462)

Except as otherwise provided herein, the provisions of this chapter shall be administered and enforced by the sheriff. In the enforcement of this chapter such officer and his deputies or civilian enforcement officers, 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 chapter.

(Ord. 92-8 § 3, 1992; prior code § 3464)

The board of supervisors may authorize any person to enter upon specified 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 chapter.

(Prior code § 3465)

A. A ten day notice of intention to abate and remove the vehicle or part thereof as a public nuisance shall be issued, unless the property owner and the owner of the vehicle have signed releases authorizing removal and waiving further interest in the vehicle or part thereof. If requested in writing, a public hearing shall be held on the question of abatement and removal of the vehicle or part 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 part thereof against the property on which it is located.

B. Request for hearing shall be made in writing within ten days after the mailing of the notice of intention to abate and remove the vehicle or at the time of signing a release. Notice of hearing shall be mailed at least ten days before the hearing by certified mail, with a five-day return requested, to the owner of the land as shown on the last equalized county 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. If any of the foregoing notices are returned undelivered by the United States Post Office the hearing shall be continued to a date not less than ten days from the date of such return. No notice shall be required if the property owner and the owner of the vehicle have signed releases authorizing removal and waiving further interest in the vehicle or part thereof.

C. If no hearing is requested and if the vehicle is not claimed or removed within twelve days after the notice is mailed, final disposition may proceed.

(Ord. 92-8 § 4, 1992; prior code § 3467)

A. All hearings under this chapter shall be held before the hearing officer designated by the board of supervisors by resolution who shall hear all facts and testimony he 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 hearing officer shall not be limited by the technical rules of evidence. The owner of the land on which the vehicle is located may appear in person at the hearing or present a 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.

B. The hearing officer may impose such conditions and take such other action as he deems appropriate under the circumstances to carry out the purpose of this chapter. He may delay the time for removal of the vehicle or part thereof if, in his opinion, the circumstances justify it. At the conclusion of the public hearing, the hearing officer 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 cost 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 has not subsequently acquiesced in its presence, the hearing officer 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 such costs from such landowner.

D. 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.

(Prior code § 3468)

A. Any interested party may appeal the decision of the hearing officer by filing a written notice of appeal with the clerk of the board of supervisors within five days after the decision of the hearing officer.

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

C. The clerk shall give written notice of the time and place of the hearing to the appellant and those persons specified in Section 10.04.060.

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

(Prior code § 3469)

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 10.04.070, or fifteen days after such action of the governing body authorizing removal following appeal, the vehicles or parts thereof may be disposed of by removal to a scrapyard or automobile dismantler's yard, or to a site operated by the county, as directed by the hearing officer or board of supervisors. 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 Section 5004 of the Vehicle Code, in which case the vehicle may be reconstructed or made operable.

(Prior code § 3469.1)

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 certificate, certificates of title and license plates.

(Prior code § 3469.2)

A. If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to Section 10.04.070 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. The assessment shall have the same priority as other county taxes.

B. The board of supervisors shall from time to time determine and fix an amount to be assessed as administrative costs, excluding the actual cost of removal of any vehicle or part thereof, under this chapter.

(Prior code §§ 3466, 3469.3)

This chapter 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.

(Prior code § 3463)