Siskiyou County Municipal Code Ch. 8 Abandoned, Wrecked, Dismantled, or Inoperative Vehicles or Parts Thereof

* Ord. No. 14-03, § I, adopted Mar. 11, 2014, deleted the former Ch. 8, §§ 3-8.01—3-8.24, and enacted a new Ch. 8 as set out herein. The former Ch. 8 pertained to similar subject matter and derived from Ord. 02-11, § II, effective July 18, 2002.

This Chapter is enacted under the authority of Sections 22660 and 22710 of the Vehicle Code, for the purpose of establishing procedures for the abatement and removal, as public nuisances, of abandoned, wrecked, dismantled or inoperative vehicles, or parts thereof, from private or public property in the unincorporated area of the County, including highways, and for the recovery of the cost of such removal and administration of this Chapter.

(Ord. No. 14-03, § I, 3-11-2014)

The existence, accumulation and storage of abandoned, wrecked, dismantled, or inoperative vehicles, or parts thereof, creates conditions likely to reduce the value of real property in the vicinity, promote blight and deterioration, and invite plundering, create fire hazards and harborage for rodents and insects, and is injurious to the public peace, health, safety, and general welfare. The presence of abandoned, wrecked, dismantled, or inoperative vehicles, or parts thereof, within the unincorporated area, except as expressly permitted by the provisions of this Chapter, is hereby declared to constitute a public nuisance, which the County of Siskiyou is empowered to abate and remove in accordance with the provisions of this Chapter.

(Ord. No. 14-03, § I, 3-11-2014)

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

"Abandoned" means the status of a vehicle or part thereof when the vehicle owner has ceased to assert or exercise any interest, right or title therein without intent to resume or reassert such interest, right or title.

"Agricultural operation" means a business or commercial enterprise that is engaged in the tilling of soil, raising of crops, viticulture, livestock farming, dairying, forestry, and/or animal husbandry, including all uses customarily incidental thereto.

"Collector" means the owner of one or more vehicles described in Section 5004 of the Vehicle Code or of one or more special interest or street rod vehicles, as defined in this Chapter, who collects, purchases, acquires, trades, or disposes of the vehicle, or parts thereof, for his or her own use, in order to preserve, restore, and maintain the vehicle for hobby or historical purposes.

"Director" means the director of the County Department of Planning and any subordinate County officer or employee to whom he or she delegates any duty imposed upon or authority vested in the Director under this Chapter.

"Dismantled" means the condition of a vehicle which has been taken apart, or to pieces, and/or stripped, or otherwise deprived of any of its integral parts or equipment.

"Hearing Body" means the Planning Commission of the County of Siskiyou.

"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.

"Inoperative" means the condition of vehicle which is physically incapable of working, functioning, or otherwise operating to produce its designed effect.

"Motor vehicle" means a vehicle which is self-propelled.

"Parts car" means a motor vehicle that is owned by a collector to furnish parts for restoration or maintenance of a special interest vehicle or a vehicle described in Section 5004 of the Vehicle Code, thus enabling a collector to preserve, restore, and maintain a special interest vehicle or a vehicle described in Vehicle Code Section 5004.

"Property owner" means the owner of the land where a vehicle or part thereof subject to regulation pursuant to this Chapter is situated, as shown on the last equalized assessment roll of the County.

"Special interest vehicle" means a vehicle of an age that is unaltered from the manufacturer's original specifications and, because of its significance, including, but not limited to, an out-of-production vehicle or a model of less than 2,000 sold in California in a model-year, is collected, preserved, restored, or maintained by a hobbyist as a leisure pursuit.

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

"Street rod vehicle" means a motor vehicle, other than a motorcycle, manufactured in, or prior to, 1948 that is individually modified in its body style or design, including through the use of nonoriginal or reproduction components, and may include additional modifications to other components, including, but not limited to, the engine, drivetrain, suspension, and brakes in a manner that does not adversely affect its safe performance as a motor vehicle or render it unlawful for highway use.

"Vehicle" means a device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved exclusively by human power, used exclusively upon stationary rails or tracks, or that is specifically designed and utilized for the production of crops or the conveyance of livestock. "Vehicle" includes any motor vehicle whether operable or inoperable.

"Vehicle owner" means both the last registered owner, within the meaning of Section 505 of the Vehicle Code, and the last legal owner, within the meaning of Section 370 of the Vehicle Code, a vehicle or part thereof subject to regulation pursuant to this Chapter, as shown in the records of the Department of Motor Vehicles.

"Wrecked" means the condition of 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 reason of collision, crash or other forceful impact.

(Ord. No. 14-03, § I, 3-11-2014)

Except as otherwise expressly provided by Section 3-8.06, this Chapter shall apply to abandoned, wrecked, dismantled, or inoperative vehicles, or any part thereof, situated upon any private or public property, including highways, within the unincorporated area of the County of Siskiyou for a period in excess of seventy-two (72) hours.

(Ord. No. 14-03, § I, 3-11-2014)

(a) It is unlawful for any person to abandon, park, store, leave, or permit the abandonment, parking, storing, or leaving of any abandoned, wrecked, dismantled or inoperative vehicle or parts thereof upon any private property or public property, including highways, within the unincorporated area of the County of Siskiyou for a period in excess of seventy-two (72) hours.

(b) It is unlawful 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 Chapter or state law where such state law is applicable.

(Ord. No. 14-03, § I, 3-11-2014)

(a) This Chapter shall not apply to any vehicle or part thereof which is either:

(1) Completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property;

(2) Located within a rear or side yard outside of required setbacks and at least one hundred (100) feet distant from all wells, irrigation ditches, and other bodies of water and completely screened, including oversized vehicles such as recreational vehicles, by a fence, trees, or shrubbery such that it is not visible from the street or other public or private property;

(i) The above exception is limited to one vehicle per parcel on all parcels less than two (2) acres; however, when the parcel contains at least two (2) acres, the above exception is limited to one vehicle per acre up to a maximum of ten (10) vehicles regardless of parcel size.

(ii) In no instance shall any vehicle be maintained such that a toxic or hazardous substance (e.g. oil, gasoline, transmission fluid, chlorinated solvents, etc.) drains onto the ground.

(3) 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 when the property is zoned for such use and all necessary permits have been secured; or

(4) Stored or parked upon private property and is necessary to the operation of a lawfully conducted business or commercial enterprise, including vehicles and equipment appurtenant to an agricultural operation.

(b) In addition to the exceptions provided in Section 3.8-04(a), this Chapter shall not prohibit a collector from maintaining up to five (5) special interest vehicles or street rod vehicles, including parts cars which are of similar make and model as the special interest vehicle(s) or parts cars from which components are sourced for the street rod vehicle(s), whether currently licensed or unlicensed, or whether operable or inoperable, in outdoor storage on private property, if every such vehicle is located within a rear or side yard outside of required setbacks and at least one hundred (100) feet distant from all wells, irrigation ditches, and other bodies of water and if every such vehicle and outdoor storage area is maintained in such manner as not to constitute a health hazard and is screened from the street or other public or private property by means of a suitable fence, trees, shrubbery, custom fitted vehicle cover, or other appropriate means as approved by the Planning Director.

(c) More vehicles than otherwise permitted herein may be allowed upon first securing an Administrative Permit subject to the following provisions:

(1) Any person wishing to keep more abandoned, wrecked, dismantled or inoperative vehicles than prescribed by this section shall file for an Administrative Permit with the Planning Department and shall be accompanied by maps, plans, drawings, photographs, application fee and other pertinent information necessary for their proper consideration.

(2) An administrative review shall be conducted upon any Administrative Permit application. Notice thereof shall be given in the same time and manner provided by law to all owners of property within three hundred (300) feet of the parcel upon which the Administrative Permit is requested.

(3) The Planning Director is authorized to approve, conditionally approve, or deny the issuance of an Administrative Permit. The Planning Director may grant all or part of the proposal of which the Administrative Permit is sought.

(4) Administrative Permits shall not be issued until ten (10) days have elapsed from the granting thereof and, in the event an appeal is filed, shall not be issued until a decision has been made by the appropriate decision-making body.

(5) The Planning Director may refer an Administrative Permit applied for herein directly to the Planning Commission for formal action.

(6) An administrative approval, conditional approval, or denial by the Planning Director may be appealed in writing to the Planning Commission within ten (10) days from the date of the administrative action, accompanied by a fee set by the Board.

(7) The following are the minimum standards required for approval of an Administrative Permit:

(i) The minimum lot size shall be one acre;

(ii) The setbacks required by Section 3-8.06(a) shall be maintained;

(iii) In approving the number of vehicles, consideration of potential public health and safety impacts shall be given;

(iv) The installation and/or maintenance of any necessary fencing, trees, or shrubbery shall be the responsibility of the applicant; and

(v) Any additional requirements and conditions that have been determined necessary as part of the approval process.

(d) The exceptions provided by this section shall not be construed to authorize the maintenance of a public or private nuisance, as such nuisance may be defined under any provisions of law other than Chapter 10 (commencing with Section 22650), of Division 11 of the Vehicle Code, nor shall it be construed to allow for a wrecking yard, salvage operation, vehicle dealership, or other commercial enterprise to be located on property that is not zoned for such use.

(Ord. No. 14-03, § I, 3-11-2014)

(a) Any person violating any provision of this Chapter shall be guilty of an infraction and upon conviction shall be subject to payment of a fine not to exceed the limits set forth in Section 25132 of the Government Code.

(b) Any person violating any provision of this Chapter shall be guilty of a separate offense for each and every day during which the violation is committed.

(Ord. No. 14-03, § I, 3-11-2014)

This Chapter shall not be construed as excluding any other lawful remedies available to the County of Siskiyou for regulation, abatement, or removal of abandoned, wrecked, dismantled, or inoperative vehicles situated within the unincorporated area. The procedures provided by this Chapter shall be in addition to any other applicable regulations, statutes, or ordinances, heretofore or hereinafter enacted by the State of California, this County, or any other entity having jurisdiction in the matter.

(Ord. No. 14-03, § I, 3-11-2014)

The Director is the County officer charged with the responsibility of administering this Chapter and exercising the authority conferred thereby; provided, however, nothing in this Chapter shall preclude enforcement of this Chapter by a sworn peace officer of the State of California or the County of Siskiyou. The Director may, as provided by law, enter upon private property for purposes of administering and enforcing this Chapter, to examine a vehicle or part thereof, to obtain information as to the identity of the vehicle, and to remove or cause to be removed a vehicle or part thereof declared to be a nuisance pursuant to this Chapter. Any other person, firm or corporation authorized by the County to remove vehicles from property for purposes of enforcement of this Chapter may, as provided by law, enter upon private property to perform such removal, upon request by the Director.

(Ord. No. 14-03, § I, 3-11-2014)

If the Director finds that reasonable grounds exist to believe that a vehicle or part thereof is abandoned, wrecked, dismantled or inoperative at any location to which this Chapter applies pursuant to Section 3.8-04, the Director shall declare such vehicle or part to be a public nuisance, and thereupon proceed to abate such nuisance in the manner prescribed by this Chapter.

(Ord. No. 14-03, § I, 3-11-2014)

Where the Director determines that the presence of an abandoned, wrecked, dismantled or inoperative vehicle or part thereof does not present an immediate threat to public health or safety, the Director may move to abate such nuisance pursuant to Section 1-5.19 and cause to be issued a notice of violation consistent therewith.

(Ord. No. 14-03, § I, 3-11-2014)

Except as otherwise provided by Section 3-8.14, where the Director determines that abatement of the nuisance necessitates removal of the abandoned, wrecked, dismantled or inoperative vehicle or part thereof, the Director shall issue not less than ten (10) days advance written notice of intention to abate and remove any vehicle or part thereof which the Director has determined to be a public nuisance pursuant to Section 3-8.10. The Director shall mail such notice by registered mail or certified mail to the property owner and to the vehicle owner, unless the vehicle is in such condition that identification numbers are not available to determine vehicle ownership. The Director shall post a copy of the notice upon or at the site of such vehicle or part.

(Ord. No. 14-03, § I, 3-11-2014)

The notice required by Section 3-8.12 shall contain a statement of the hearing rights of the property owner and of the vehicle owner, in accordance with Section 3-8.16. Such statement shall include notice to the property owner that he or she may either appear in person at a hearing or submit a sworn written statement denying responsibility for the presence of the vehicle or part thereof on his or her land, with the reasons for such denial, in lieu of appearing.

The notice shall specify the address of the real property where such vehicle or part is situated, a description identifying such vehicle or part, and the condition thereof found by the Director to constitute a public nuisance, the section(s) of this Chapter found by the Director to have been violated, and state that either voluntary abatement thereof or request for a hearing must be made by the property owner or vehicle owner, in the manner prescribed by Section 3-8.15, within ten (10) days from the date of such notice, and that the failure to so request such a hearing shall constitute waiver of the right thereof. Such notice shall specify that if the abatement is made by the County, costs may be assessed against the property owner in accordance with Section 25845 of the Government Code, or, in the case of an abandoned vehicle, against the last registered owner of record, in accordance with Section 22524 of the Vehicle Code.

(Ord. No. 14-03, § I, 3-11-2014)

The Director shall not be required to issue notice pursuant to Section 3-8.12, if:

(a) The property owner and vehicle owner have each signed releases authorizing removal and waiving further interest in the vehicle or part thereof; or

(b) The vehicle or part:

(1) Is inoperable due to the absence of a motor, transmission or wheels; and

(2) Is incapable of being towed; and

(3) Is valued at less than Two Hundred and no/100ths ($200.00) Dollars by a person specified in Section 22855 of the Vehicle Code; and

(4) Is determined by the Director to be a public nuisance presenting an immediate threat to public health or safety; and

(5) Is located on a parcel that is either zoned for agricultural use or not improved with a residential structure containing one or more dwelling units; and

(6) The property owner has signed a release authorizing removal and waiving further interest in the vehicle or part.

(Ord. No. 14-03, § I, 3-11-2014)

Either within ten (10) days after the date of the Notice of Intention prescribed by Section 3-8.12 is mailed, or at the time of signing a release pursuant to Section 3-8.14 (a) or (b)(6), the property owner and/or the vehicle owner may request that a public hearing be held prior to removal of the vehicle or part thereof by the County. Such request shall be made in writing at the office of the Director, and, if mailed, shall be deemed timely if postmarked not later than the tenth (10th) day following the date such Notice of Intention was mailed.

If the property owner submits a sworn written statement pursuant to Section 3-8.13, denying responsibility for the presence of the vehicle or part on his or her land, within the ten (10) day period prescribed by this section, such statement shall be construed as a request for hearing which does not require the presence of the property owner. If no request for hearing is received by the Director within the time prescribed by this section, the Director shall cause the vehicle or part to be removed and disposed of in the manner authorized by this Chapter.

(Ord. No. 14-03, § I, 3-11-2014)

Whenever a hearing is requested in accordance with Section 3-8.15, the Director shall issue a notice of hearing before a Hearing Body. The notice of hearing shall specify the time, date, place, and purpose of the hearing, and shall be served upon the requesting party either personally or by certified mail, return receipt requested, not less than five (5) calendar days prior to the hearing date.

(Ord. No. 14-03, § I, 3-11-2014)

The Planning Commission of the County of Siskiyou shall conduct the hearings required from time to time by this Chapter.

(Ord. No. 14-03, § I, 3-11-2014)

Upon the date, and at the time and place, specified for hearing in the notice of hearing required by Section 3-8.16, the Hearing Body shall proceed to hear the testimony of the Director, the requesting party, and any other competent persons respecting the condition of the vehicle or part constituting the subject of the hearing, and any other relevant facts concerning the matter. The property owner may either appear in person at the hearing or present a sworn written statement denying responsibility for the presence of the vehicle on his or her land, with the reasons for such denial.

During the hearing, the burden of proof shall rest with the Director. The provisions of the California Administrative Procedure Act (commencing with Section 11500 of the Government Code) shall not be applicable to such hearings. Technical rules of evidence shall not apply to the hearing, but relevant evidence may be admitted and given probative effect only if it is the kind of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. A record of the hearing shall be made. The record may be made by any means, including electronic recording, so long as an accurate and complete transcription of the proceedings can be made.

(Ord. No. 14-03, § I, 3-11-2014)

(a) Within seven (7) days following the date on which the hearing is closed, the Hearing Body shall issue a written decision which either affirms or reverses the Director's determination made pursuant to Section 3-8.10, and which contains findings of fact and conclusions. If the Hearing Body affirms the Director's determination, such decision shall direct the property owner and/or vehicle owner to abate the nuisance within the time prescribed by this section. Such decision shall give notice that if the nuisance is not so abated it may be abated by the Director in such manner as the Director deems proper, and that the expense thereof may be made a lien against the real property involved, in accordance with Section 25845 of the Government Code, or, in the case of an abandoned vehicle, that such expense may be recovered from the last registered owner of record thereof, pursuant to Section 22524 of the Vehicle Code. Provided, however, that if the Hearing Body has found that the vehicle or part constituting the nuisance was placed upon the land without the consent of the property owner, and that the property owner has not subsequently acquiesced in its presence, the Director shall not assess such costs against the real property, or otherwise attempt to collect such costs from the property owner. The decision shall require that abatement of the nuisance by the property owner and/or vehicle owner be physically completed within ten (10) days after service of such decision unless appealed pursuant to subsection (b) or, in the alternative, within such time as the Director shall determine to be reasonable under all of the circumstances.

(b) The decision of the Hearing Body becomes final if not appealed to the Board of Supervisors within ten (10) days of issuance. Appeals shall be made in writing and filed with the County Clerk, accompanied by a fee set by the Board.

(Ord. No. 14-03, § I, 3-11-2014)

After a vehicle has been removed pursuant to this Chapter, such vehicle shall not 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.

(Ord. No. 14-03, § I, 3-11-2014)

The Director may dispose of a vehicle or part thereof under this Chapter by removal thereof to a licensed scrapyard, automobile dismantler's yard, or other site authorized by Section 22662 of the Vehicle Code.

(Ord. No. 14-03, § I, 3-11-2014)

Within five (5) days following the date of removal of a vehicle or part thereof under this Chapter, the Director shall give notice of such removal to the Department of Motor Vehicles, identifying the vehicle or part, together with any evidence of registration obtained by the Director, including, without limitation, the registration card, certificate of ownership, or license plate.

(Ord. No. 14-03, § I, 3-11-2014)

Prior to final disposition of a vehicle described by Section 3-8.14(b), for which evidence of registration was recovered, the Director shall provide the vehicle owner with written Notice of Intent to dispose of the vehicle or part from a site authorized by Section 22662 of the Vehicle Code. Such notice shall state that if the vehicle or part is not claimed and removed within twelve (12) days following the date such notice is mailed, final disposition shall proceed.

(Ord. No. 14-03, § I, 3-11-2014)

Except as otherwise provided by Section 3-8.19, if the property owner fails to pay, upon demand, the cost of abatement incurred by the County in the enforcement and administration of this Chapter, such costs may be especially assessed against the real property involved, pursuant to Section 25845 of the Government Code. Such assessment shall be collected at the same time and in the same manner as are County ad valorem property taxes.

Cost of enforcement and administration of this Chapter shall include, but not be limited to, charges for each vehicle cited under this ordinance, a towing fee for each vehicle towed pursuant to this ordinance and a fee to cover the cost of the Director's staff time involved in hearings required by this Chapter, inspection of vehicles and other property, publication, mailing and posting of notices, conducting hearings, processing appeals and pursuing any judicial action. Such charges shall be established from time-to-time by resolution of the Board of Supervisors and shall not exceed the actual cost of the County of enforcement and administration of this Chapter.

(Ord. No. 14-03, § I, 3-11-2014)

In the case of any special assessment made pursuant to Section 3-8.24, the Director shall cause a notice of abatement lien to be recorded in the office of the County Recorder. Such notice shall identify the property owner, or possessor of the property, his or her last known address of record, the date upon which abatement was ordered by the Hearing Body, the date that the abatement was completed, a description of the real property subject to the lien, and the amount of the abatement costs.

(Ord. No. 14-03, § I, 3-11-2014)

The Director may release or subordinate an abatement lien imposed under this Chapter in the same manner as provided by law for release or subordination of a judgment lien on real property.

(Ord. No. 14-03, § I, 3-11-2014)

Pursuant to Section 22524 of the Vehicle Code, the Director shall be authorized to seek recovery of costs incurred by the County for the removal and disposition of an abandoned vehicle from the last registered owner thereof.

(Ord. No. 14-03, § I, 3-11-2014)

Pursuant to Government Code Section 25485.5, upon entry of a second or subsequent civil or criminal judgment within a two-year period, finding that an owner is responsible for a condition that may be abated pursuant to Government Code Section 25845, a Court may order the owner to pay treble the cost of the abatement.

(Ord. No. 14-03, § I, 3-11-2014)

No local agency or contractor thereof shall be liable for damage caused to a vehicle or part thereof by removal pursuant to this Chapter.

(Ord. No. 14-03, § I, 3-11-2014)