Sutter County Municipal Code Ch. 955 Removal of Abandoned Vehicles from Private or Public Property

In addition to and in accordance with the determination made and the authority granted by the State of California 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 of Sutter 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 Chapter.

As used in this Chapter:

(a) The term "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.

(b) The term "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.

(c) The term "public property" does not include "highway".

(d) The term "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.

(e) The term "owner of the vehicle" means the last registered owner and legal owner of record.

(Ord. 655, Sec. 1; Mar. 16, 1976)

This Chapter shall not apply to:

(a) A vehicle, or parts thereof, which is completely enclosed within a building with at least four walls and a ceiling 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, a junk dealer, or when such storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise; or

(c) Except for abandonment, a vehicle or parts thereof, stored or parked on land zoned for agricultural use, whose origin or modified function and design is to facilitate the cultivating of the ground, the raising and harvesting of crops and other similar agricultural uses.

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

([655] Ord. 1008, Sec. 1; July 28, 1987)

This Chapter is not the exclusive regulation of abandoned, wrecked, dismantled, or inoperative vehicles within the County of Sutter. It shall supplement and be in addition to the other regulatory code, statutes, and ordinances heretofore or hereafter enacted by the County, the State, or any other legal entity or agency having jurisdiction.

(Ord. 655, Sec. 1; Mar. 16, 1976)

Except as otherwise provided herein, the provisions of this Chapter shall be administered and enforced by the Development Services Department Director, or his designee. In the enforcement of this Chapter, such officer and his designees 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 Chapter.

([655, 1267] Ord. 1584, Sec. 3; May 28, 2013)

When the Board of Supervisors has contracted with or granted a franchise to any person or persons, such person or persons 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 Chapter.

(Ord. 655, Sec. 1; Mar. 16, 1976)

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 parts thereof, under this Chapter.

(Ord. 655, Sec. 1; Mar. 16, 1976)

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 Development Services Department Director, or his designee, shall have the opportunity to cause the abatement and removal thereof in accordance with the procedure prescribed herein.

([655, 1267] Ord. 1584, Sec. 3; May 28, 2013)

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 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 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 administrative costs, 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 Development Services Department Director within such 10-day period, the Development Services Department Director, or his designee, shall have the authority to abate and remove said vehicle (or said parts of a 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, 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 OF INTENTION TO ABATE AND REMOVE AN ABANDONED, WRECKED, DISMANTLED, OR INOPERATIVE VEHICLE OR PARTS THEREOF AS A PUBLIC NUISANCE

(Name and address of land 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 code), has determined that said vehicle (or parts of 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 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 vehicle), you are hereby notified that you may, within 10 days after mailing of this notice of intention, request a public hearing and if such a request is not received by the Development Services Department Director within such 10-day period, the Development Services Department Director, or his designee, shall have the authority to abate and remove said vehicle (or said parts of a vehicle) without a hearing.

([655, 1267] Ord. 1584, Sec. 3; May 28, 2013)

Upon request of the owner of the vehicle or owner of the land received by the Development Services Department Director within ten days after the mailing of the notices of intention to abate and remove, a public hearing shall be held by the Development Services Department Director, or his designee, 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, said 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 said 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.

([655, 1267] Ord. 1584, Sec. 4; May 28, 2013)

All hearings under this Chapter shall be held before the Development Services Department Director, or his designee, who shall hear all facts and testimony he 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 Development Services Department Director, or his designee, 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 Development Services Department Director, or his designee, may impose such conditions and take such other action as deemed appropriate under the circumstances to carry out the purpose of this Chapter. He may delay the time for removal of the vehicle or parts thereof if, in his opinion, the circumstances justify it. At the conclusion of the public hearing, the Development Services Department Director, or his designee, 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 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 Development Services Department Director, or his designee, 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 Development Services Department Director, or his designee, but does not appear, he shall be notified in writing of the decision.

([655, 1267] Ord. 1584, Sec.35; May 28, 2013)

Any interested party may appeal the decision of the Development Services Department Director, or his designee, by filing a written notice of appeal with said Development Services Department Director, or his designee, within five days after his 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 appellant and those persons specified in Section 955-080.

In conducting the hearing, the Board of Supervisors shall not be limited by the technical rules of evidence.

([655, 1267] Ord. 1584, Sec.36; May 28, 2013)

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 955-100, or fifteen days after such action of the governing body authorizing removal following appeal, the vehicle or parts thereof may be disposed of by removal to a scrapyard or automobile dismantler's yard. After a vehicle has been removed, it shall not thereafter be reconstructed or made operable.

(Ord. 655, Sec. 1; Mar. 16, 1976)

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. 655, Sec. 1; Mar. 16, 1976)

If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to Section 955-100 are not paid within 30 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. Said assessment shall have the same priority as other County taxes.

(Ord. 655, Sec. 1; Mar. 16, 1976)

If any section, subsection, sentence, clause or phrase of this Chapter is for any reason held to be invalid such decision shall not affect the validity of the remaining portions of this Chapter. The Board of Supervisors hereby declares that it would have adopted the Chapter and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid.

(Ord. 655, Sec. 1; Mar. 16, 1976)