Sierra County Municipal Code Ch. 34.05 Abandoned Vehicles

In addition to and in accordance with the determination made and the authority granted by the state of California under Cal. Veh. Code § 22660 to remove abandoned, wrecked, dismantled or inoperative vehicles or parts thereof as public nuisances, the Board of Supervisors of Sierra County 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 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 title. (Formerly 34.01)

For the purpose of this title, the following words and/or phrases are defined below and shall have the meanings ascribed to them:

“Abandoned vehicle” means any vehicle which has been left on private property or on public property other than highways in such inoperable or neglected condition that the owner’s intention to relinquish all further rights or interests in it may be reasonably concluded.

“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 includes street.

“Owner of the land” means 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” means the last registered owner and legal owner of record.

“Public property” does not include “highway.”

“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. (Formerly 34.02)

This title 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; or

B. 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, or a junk yard, or when such storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise. (Formerly 34.03)

Except as otherwise provided herein, the provisions of this title shall be administered and enforced by the Sheriff or other regularly salaried full-time county employee designated as Abandoned Vehicle Inspector or any authorized deputy thereof. In the enforcement of this title, such officer 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 the provisions of this title. (Formerly 34.04)

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 the provisions of this title. (Formerly 34.05)

The Board of Supervisors shall have the authority to, 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 parts thereof) pursuant to the provisions of this title. (Formerly 34.07)

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 Sheriff or other designated officer shall have the authority to cause the abatement and removal thereof in accordance with the procedure prescribed herein. (Formerly 34.08)

A 10-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 as shown on the last equalized assessment roll and to the last registered and legal owner of record of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership. (Formerly 34.09)

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 at _______________ (address), you are hereby notified that the undersigned pursuant to SCC Title 34 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 the Sierra County Code.

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. Upon your failure to do so the same will be abated and removed by the County and the costs thereof, together with 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 the 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. If such request is not received by the Abandoned Vehicle Inspector within such 10-day period, the Abandoned Vehicle Inspector shall have the authority to abate and remove said vehicle (or said parts of vehicle) as a public nuisance and assess the costs as aforesaid without a public hearing. You may submit a sworn written statement within such 10-day period denying responsibility for the presence of said vehicle (or said parts of a vehicle) on said land, and said 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)
________________________ Abandoned Vehicle Inspector
(address)

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 legal owner of record of vehicle – notice shall 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 SCC Title 34 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 the Sierra County Code.

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 last 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. If such a request is not received by the Abandoned Vehicle Inspector within such 10-day period, the Abandoned Vehicle Inspector shall have the authority to abate and remove said Vehicle (or said parts of a vehicle) without a hearing.

Notice Mailed___________________
(date)
________________________ Abandoned Vehicle Inspector
(address)

(Formerly 34.10)

Upon request by the owner of the vehicle or owner of the land received by the Abandoned Vehicle Inspector within 10 days after the mailing of the notices of intention to abate and remove, a public hearing shall be held by the Abandoned Vehicle Inspector 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. (Formerly 34.11)

If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle on his land within such 10-day period, said statement shall be construed as a request for a hearing which does not require his presence. (Formerly 34.12)

Notice of the hearing shall be mailed, by registered or certified mail, at least 10 days before the hearing to the owner of the land, and to the registered and legal owner of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership. (Formerly 34.13)

If such a request for hearing is not received within said 10 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. (Formerly 34.14)

All hearings pursuant to the provisions of this title shall be held before the Abandoned Vehicle Inspector who shall hear all facts and testimony he/she deems pertinent. Said facts and testimony may include testimony on the condition of the vehicle or parts thereof and the circumstances concerning its location on the said private property or public property.

The Abandoned Vehicle Inspector 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. (Formerly 34.15)

The Abandoned Vehicle Inspector may impose such conditions and take such other action as it deems appropriate under the circumstances to carry out the provisions of this title. It may delay the time for removal of the vehicle or parts thereof, if in his/her opinion, the circumstances justify it. At the conclusion of the public hearing, the Abandoned Vehicle Inspector 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 determine the administrative costs and the cost of removal. 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. (Formerly 34.17)

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/she has not subsequently acquiesced in its presence, the Abandoned Vehicle Inspector 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/her land but does not appear, he/she shall be notified in writing of the decision. (Formerly 34.18)

Any interested party may appeal the decision of the Abandoned Vehicle Inspector by filing a written notice of appeal with the Abandoned Vehicle Inspector within 10 days after its decision. (Formerly 34.19)

The 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 appellant and those persons specified in SCC 34.05.090. The appeal and hearing shall be conducted in conformance with SCC 20.05.130. (Formerly 34.20)

Ten days after adoption of the order declaring the vehicle or parts thereof to be a public nuisance, or 10 days from the date of mailing of notice of the decision if such notice is required by SCC 34.05.170, or 10 days after affirmance of such decision by the Board of Supervisors, whichever is later, the vehicle or parts thereof may be disposed of by removal to a scrapyard or automobile dismantler’s yard or any other suitable site. After a vehicle has been removed it shall not thereafter be reconstructed or made operable. (Formerly 34.21)

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. (Formerly 34.22)

If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to this title are not paid within 10 days of the date of the order, or the final disposition of an appeal therefrom, such costs may be assessed against the parcel of land pursuant to Cal. Gov’t. Code § 25845 and transmitted to the Tax Collector for collection. Said assessment shall have the same priority as other county taxes. (Formerly 34.23)

It is unlawful and punishable as a misdemeanor for any person to abandon, park, store, leave or permit the abandonment, parking, storing or leaving of any licensed or unlicensed vehicle or parts thereof, in an abandoned, wrecked, dismantled or inoperative condition upon any private property or public property, not including highways within a city, for a period in excess of 60 days unless such vehicle or parts thereof is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property, or unless such vehicle 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 or when such storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise. (Formerly 34.24)

It is unlawful and punishable as a misdemeanor for any person to fail or refuse to remove an abandoned, wrecked, dismantled or inoperative vehicle or parts thereof or refuse to abate such nuisance when ordered to do so in accordance with the abatement provisions of this title. (Ord. 902, eff. 7/6/00. Formerly 34.25)