Tehama County Municipal Code Ch. 9.02 Abandoned, Wrecked, Dismantled or Inoperative Vehicles

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Editor's note— Ord. No. 2026, §§ 1—39, adopted June 28, 2016, repealed former ch. 9.02, §§ 9.02.010—9.02.160, and enacted a new ch. 9.02, §§ 9.02.010—9.02.240 as set out herein. Former ch. 9.02 pertained to similar subject matter and derived from Ord. 1821 adopted in 2004; and Ord. 1828 adopted in 2004.

In addition to and in accordance with the determination made and the authority granted by the State of California under Vehicle Code Sections 22660, 26661 and 22710 to remove abandoned, wrecked, dismantled or inoperative vehicles or parts thereof as public nuisances, the board of supervisors of the County of Tehama makes the following findings and declaration:

The accumulation and storage of abandoned, wrecked, dismantled, or inoperative vehicles, and/or parts thereof on private or public property creates 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, to be injurious to the health, safety and general welfare of the residents of Tehama County. Therefore, the presence of an abandoned, wrecked, dismantled or inoperative vehicle or parts thereof, on private or public property, except as expressly permitted in this chapter constitutes a public nuisance which may be abated as such in accordance with the provisions of this chapter.

(Ord. No. 2026, §§ 1, 2, 6-28-2016)

As used in this chapter, the following words and phrases are defined as set out in this section:

A. "Highway" shall mean a way or place of whatever nature, publicly maintained and opened to the use of the public for purposes of vehicular travel. Highway shall include street.

B. "Landowner" shall mean the owner of the property on which the abandoned, wrecked, dismantled or inoperative vehicle(s), or parts thereof, is located, as shown on the last equalized assessment roll.

C. "Occupant" shall mean the occupant of the property on which the abandoned, wrecked, dismantled or inoperative vehicle(s), or parts thereof, is located.

D. "Vehicle owner" shall mean the last registered owner and legal owner of record of the subject vehicle.

E. "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" does not include usable farm equipment located on land used for agricultural purposes.

(Ord. No. 2026, §§ 3, 4, 6-28-2016)

This chapter shall not apply to:

A. A vehicle, or part thereof, which is completely enclosed within a building in a lawful manner where it is not visible from the highway or other public or private property;

B. A vehicle, or part thereof, which is not completely enclosed within a building, but is at all times completely screened from unaided view from neighboring properties or public ways by vegetation, solid wood or masonry fence, solid cover, or otherwise with the approval of the county vehicle abatement officer;

C. A vehicle, or part thereof, which is at all times completely covered by a custom-fitted tarpaulin or similar covering; and

D. 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 as defined by Vehicle Code Section 220, licensed vehicle dealer as defined in Vehicle Code Section 285, or a lawfully permitted junkyard as defined by Tehama County Code Section 17.04.320.

E. Nothing in this section authorizes the maintenance of a public or private nuisance as defined under provision of law other than Chapter 10 (commencing with Section 22650) Division 11 of the Vehicle Code and this chapter. A vehicle cited for a seventy-two hour parking violation pursuant to Vehicle Code section 22651, subdivision (k), and a vehicle cited for expired registration longer than six months, pursuant to Vehicle Code section 22651, subdivision (o) constitute nuisances under the chapter, but are not subject to the noticing requirements herein, and shall be abated by the enforcing officer pursuant to the Vehicle Code.

(Ord. No. 2026, §§ 4, 5, 6-28-2016)

The provisions of this chapter are supplementary to, and cumulative with, all other regulations and/or remedies provided in the Tehama County Code and applicable state law. Nothing herein shall be read, interpreted or construed in any manner so as to limit any existing right or power of the county or any other authorized governmental entity to enforce county ordinances, abate any and all nuisances, or employ any remedy otherwise available at law or in equity.

(Ord. No. 2026, §§ 6, 7, 6-28-2016)

A. As used in this chapter, "enforcing officer" shall mean the director of environmental health, sheriff, and any person employed by the county and appointed to the position of code enforcement officer, as established by Tehama County Resolution Number 125-1991, each of whom is independently authorized to enforce this chapter.

B. Whenever necessary to ascertain and/or abate any violation of the provisions of this chapter, or whenever there is reasonable cause to believe that there exists a violation of this chapter, the enforcing officer may enter onto any premises or into any building upon presentation of proper credentials to the landowner and/or the occupant thereof. Notwithstanding the foregoing, the enforcing officer may enter onto any premises or into any building under authority of warrant issued pursuant to Code of Civil Procedure sections 1822.50 et seq.

(Ord. No. 2026, §§ 8, 9, 6-28-2016)

No person or entity shall cause, permit, maintain, conduct or otherwise suffer or allow a public nuisance as defined in this chapter to exist within the unincorporated limits of the County of Tehama. It shall be the duty of every landowner, occupant, and person that controls any land or interest therein within the unincorporated area of the nuisance upon such land. Such duty of a landowner shall exist regardless of whether the landowner is in actual possession of his or her real property, and may include an obligation to take action to evict or otherwise remove an occupier who creates a public nuisance upon the landowner's property.

(Ord. No. 2026, §§ 10, 11, 6-28-2016)

Whenever the enforcing officer determines that a nuisance as described in this chapter exists on any real property within the unincorporated area of Tehama County, he or she is authorized to issue a "Notice to Abate Public Nuisance and Administrative Order to Show Cause" in accordance with this chapter.

(Ord. No. 2026, §§ 12, 13, 6-28-2016)

The notice set forth in Section 9.02.070 shall be in writing and shall:

A. Identify the recipients:

1. Identify the landowner(s) of the property upon which the nuisance exists, as named in the records of the county assessor, and identify the occupant(s), if other than the landowner(s), and if known or reasonably identifiable;

2. Identify the vehicle owner(s) of the subject vehicle, and/or parts thereof, constituting a nuisance under this chapter, unless the vehicle and/or parts thereof is in such a condition that identification numbers are not available to determine ownership;

B. Describe the location of such property by its commonly used street address, giving the name or number of the street, road or highway and the number, if any, of the property;

C. Identify such property by reference to the assessor's parcel number;

D. Contain a statement that an abandoned, wrecked, dismantled, or inoperative vehicle, and/or parts thereof, exists on the property and that it has been determined by the enforcing officer to be a public nuisance described in this chapter;

E. Describe the abandoned, wrecked, dismantled, or inoperative vehicle, and/or parts thereof, that exists and the action(s) required to abate it;

F. Except as provided in subdivision (G), contain a statement that the landowner(s), occupant(s), and/or vehicle owner(s) must abate the nuisance within ten calendar days after the date that said notice was served and describing the action(s) required to abate the nuisance conditions;

G. If the notice to abate public nuisance and administrative order to show cause is combined with a notice of violation and proposed administrative penalty pursuant to Section 10.16.200, contain a statement that the landowner(s), occupant(s), and/or vehicle owner(s) must abate the nuisance within ten calendar days after the date that said notice was served and describing the action(s) required to abate the nuisance conditions;

H. Notify the recipient(s) that, unless the landowner(s), occupant(s), and/or vehicle owner(s) abates the nuisance conditions, a hearing will be held before the county planning commission to determine whether there is any good cause why these conditions should not be abated. The notice shall specify the date, time, and location of this hearing, and shall state that the landowner(s), occupant(s), and/or vehicle owner(s) will be given an opportunity at the hearing to present and elicit testimony and other evidence regarding whether the conditions existing on the property constitute a nuisance under this chapter, or whether there is any other good cause why those conditions should not be abated. The landowner(s), occupant(s), and/or vehicle owner(s) may, in lieu of appearing at the hearing, submit a sworn statement to the clerk of the planning commission denying responsibility for the presence of the subject vehicle(s), and/or part(s) thereof, constituting a nuisance on the property.

I. Contain a statement that, unless the landowner(s), occupant(s), and/or vehicle owner(s) abates the nuisance conditions, or shows good cause before the planning commission why these conditions should not be abated, the enforcing officer will abate the nuisance. It shall also state that the abatement costs, including administrative costs, may be made a special assessment added to the county assessment roll and become a lien on the real property, or be placed on the unsecured tax roll.

(Ord. No. 2026, §§ 14, 15, 6-28-2016)

The notice shall be served in the following manner:

A. By certified mail, addressed to the:

1. Landowner(s) at the address shown on the last equalized assessment roll or as otherwise known to the enforcing officer, and

2. Vehicle owner(s) at the address shown on the last registered and legal owners of record document unless the vehicle(s), and/or part(s) thereof, is in such condition that identification numbers are not available to determine ownership.

Service shall be deemed to have been completed upon the deposit of said notice, postage prepaid, in the United States mail; and

B. By certified mail addressed to anyone known to the enforcing officer to be in possession of the property at the street address of the property subject to the notice, if the property is capable of receiving mail. Service shall be deemed to have been completed upon the deposit of said notice, postage prepaid, in the United States mail; and

C. By posting such notice conspicuously in front of the property subject to the notice, or if the property has no frontage, upon any street, highway, or road then upon the portion of the property nearest to a street, highway, or road, or most likely to give actual notice to the owner and any person known by the enforcing officer to be in possession of the property.

(Ord. No. 2026, §§ 16, 17, 6-28-2016)

A. The planning commission hearing shall be held in accordance with the provisions of Section 10.16.100 of the Tehama County Code and shall additionally include the vehicle owner(s).

B. The landowner(s), occupant(s), and/or vehicle owner(s) 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 property, with reasons for such denial.

C. If it is determined at the hearing that the vehicle and/or part thereof was placed on the property without the consent of the landowner, and that he or she has not subsequently acquiesced in its presence, the planning commission shall not assess costs of abatement, including costs of administration, against the property upon which the vehicle is located, or otherwise attempt to collect such costs from such landowner.

D. The clerk of the planning commission shall promptly transmit the recommended decision to the board of supervisors for consideration in accordance with Section 9.02.110.

(Ord. No. 2026, §§ 18, 19, 6-28-2016)

The board of supervisors shall review all recommendations by the planning commission in accordance with the provisions of Section 10.16.110 of the Tehama County Code.

(Ord. No. 2026, §§ 20, 21, 6-28-2016)

Any landowner, occupant, and/or vehicle owner may abate the nuisance or cause it to be abated at any time prior to commencement of abatement by, or at the direction of, the enforcing officer. Such abatement by any landowner, occupant, and/or vehicle owner shall not impair the enforcing officer's ability to impose any administrative penalty accrued prior to such abatement.

(Ord. No. 2026, §§ 22, 23, 6-28-2016)

A. Whenever the enforcing officer becomes aware that a landowner, occupant, and/or vehicle owner has failed to abate any nuisance within fourteen calendar days, or other time period as specified by the board of supervisors, of the date of service of the decision of the board of supervisors requiring such abatement, the enforcing officer may enter upon the property and abate the nuisance by county personnel, or by private contractor under the direction of the enforcing officer. The enforcing officer may apply to a court of competent jurisdiction for a warrant authorizing entry upon the property for purposes of undertaking the work, if necessary. If any part of the work is to be accomplished by private contract, that contract shall be submitted to and approved by the purchasing agent or board of supervisors, as applicable, prior to commencement of work. Nothing herein shall be construed to require that any private contract under this code be awarded through competitive bidding procedures where such procedures are not required by the general laws of the state of California.

B. The enforcing officer will notify the Department of Motor Vehicles in accordance with the provisions of Vehicle Code section 22661.

(Ord. No. 2026, §§ 24, 25, 6-28-2016)

A. In any enforcement action brought pursuant to this chapter, each person who causes, permits, suffers, or maintains the nuisance to exist shall be liable for all costs incurred by the county, including, but not limited to, administrative costs, and any and all costs incurred to undertake, or to cause or compel any responsible party to undertake, any abatement action in compliance with the requirements of this chapter, whether those costs are incurred prior to, during, or following enactment of this chapter.

B. If the costs of abatement, including costs of administration, are not charged against the landowner(s) and/or occupant(s) of the property on which the vehicle(s) and/or part(s) thereof is located, the presence of the vehicle(s) and/or part(s) thereof thereon shall constitute a prima facie presumption that the vehicle owner(s), having failed to comply with the provisions of Vehicle Code Section 5900, is responsible for abandoning the vehicle(s) and/or part(s) thereof without the express or implied consent of the landowner(s) and/or occupant(s) of the property and is thereby liable for the costs of abatement, including costs of administration, of the vehicle(s) and/or part(s) thereof under Vehicle Code Sections 22523 and 22524. Such costs may be collected by appropriate civil action in the name of the county.

C. In any action by the enforcing officer to abate a nuisance under this chapter, the prevailing party shall be entitled to a recovery of the reasonable attorney's fees incurred. Recovery of attorneys' fees under this subdivision shall be limited to those actions or proceedings in which the county elects, at the initiation of that action or proceeding, to seek recovery of its own attorney's fees. In no action, administrative proceeding, or special proceeding shall an award of attorneys' fees to a prevailing party exceed the amount of reasonable attorney's fees incurred by the county in the action or proceeding.

(Ord. No. 2026, §§ 26, 27, 6-28-2016)

The enforcing officer shall keep an account of the cost of every abatement carried out and shall render a report in writing, itemized by parcel, to the board of supervisors showing the cost of abatement and the administrative costs for each parcel.

(Ord. No. 2026, §§ 28, 29, 6-28-2016)

Upon receipt of the account of the enforcing officer, the clerk of the board of supervisors shall deposit a copy of the account pertaining to the cost of abating a nuisance upon the landowner's property. Such notice shall be in writing and shall be served in the following manner:

A. By mail, addressed to the:

1. Landowner at the address shown on the last equalized assessment roll or as otherwise known to the enforcing officer.

2. Vehicle owner(s) at the address shown on the last registered and legal owners of record document unless the vehicle(s), and/or part(s) thereof, is in such condition that identification numbers are not available to determine ownership; and

3. Occupant at the address of the property where the vehicle and/or vehicle parts was located or if no address is available then by posting the notice in a conspicuous location on the property.

Service shall be deemed to have been completed upon the deposit of said notice, postage prepaid, in the United States mail; and

B. By mail addressed to anyone known to the enforcing officer to be in possession of the property at the street address of the property subject to the notice, if the property is capable of receiving mail. Service shall be deemed to have been completed upon the deposit of said notice, postage prepaid, in the United States mail; and

The notice shall inform the landowner(s), occupant(s), and/or vehicle owner(s) that, at a date and time not less than five business days after the date of mailing of the notice, the board of supervisors will meet to review the account and that the landowner(s), occupant(s), and/or vehicle owner(s) may appear at said time and be heard. The landowner(s), occupant(s), and/or vehicle owner(s) may waive the hearing on the accounting by paying the cost of abatement and the cost of administration to the enforcing officer prior to the time set for the hearing by the board of supervisors. Unless otherwise expressly stated by the owner, payment of the cost of abatement and the cost of administration prior to said hearing shall be deemed a waiver of the right thereto and an admission that said accounting is accurate and reasonable.

(Ord. No. 2026, §§ 30, 31, 6-28-2016)

A. At the time fixed, the board of supervisors shall meet to review the report of the enforcing officer. A landowner, occupant, and/or vehicle owner may appear at said time and be heard on the questions whether the accounting, so far as it pertains to the cost of abating a nuisance upon the land of the owner is accurate and the amounts reported reasonable. The cost of administration shall also be reviewed.

B. The report of the enforcing officer shall be admitted into evidence. The landowner(s), occupant(s), and/or vehicle owner(s) shall bear the burden of proving that the accounting is not accurate and/or reasonable.

(Ord. No. 2026, § 32, 6-28-2016)

The board of supervisors shall make such modifications in the accounting as it deems necessary and thereafter shall confirm the report by resolution.

(Ord. No. 2026, § 33, 6-28-2016)

The board of supervisors may order that the cost of abating a nuisance pursuant to this chapter and the administrative costs as confirmed by the board be placed upon the county tax roll by the county auditor as special assessments against the respective parcels of land, or placed on the unsecured roll, pursuant to section 25845 of the Government Code; provided, however, that the cost of abatement and the cost of administration as finally determined shall not be placed on the tax roll if paid in full prior to entry of said costs on the tax roll. The board of supervisors may also cause notices of abatement lien to be recorded against the respective parcels of real property pursuant to section 25845 of the Government Code.

(Ord. No. 2026, § 34, 6-28-2016)

A. As an alternative to the procedures set forth in Sections 9.02.070 through 9.02.190, a landowner, occupant, and/or vehicle owner may request the enforcing officer remove a vehicle, and/or parts thereof. Subject to and consistent with any rules and regulations of the board of supervisors, the enforcing officer, in his or her discretion, may limit the number of vehicles, and/or parts thereof, removed pursuant to this section. Notwithstanding the foregoing, the enforcing officer has no duty to remove any vehicle and/or part thereof.

B. Except as provided in subdivision (C), the enforcing officer may issue a notice of non-contested abandoned vehicle abatement containing the contents of the notice identified in Section 9.02.080, subdivisions (A) through and including (E), and served in the manner set forth in Section 9.02.090. Said notice shall further state that (i) the landowner(s), or occupant(s), and the vehicle owner(s) shall execute, and deliver to the enforcing officer prior to removal, a signed right of entry, abatement, and indemnification agreement authorizing the removal of the vehicle and/or parts thereof, and (ii) the landowner(s), occupant(s), and/or vehicle owner(s) may at any time prior to the expiration of the ten day notice period, withdraw his or her consent to a non-contested abandoned vehicle abatement by making a written request to the department of environmental health. Upon receipt of such written request, the enforcing officer shall not be precluded from following the procedures set forth in Sections 9.02.070 through and including 9.02.190 to abate a public nuisance.

C. No notice under this section shall be required for the removal of any vehicle, and/or part thereof, when all of the following conditions are met:

1. A vehicle and/or part thereof is inoperable due to the absence of a motor, transmission, or wheels and is incapable of being towed; and

2. Valued at less than $200.00 by a person authorized to make an appraisal of value pursuant to Vehicle Code section 22855; and

3. Determined, by the enforcing officer, to be a public nuisance presenting an immediate threat to public health or safety; and

4. The enforcing officer has received a right of entry, abatement, and indemnification agreement authorizing the removal of the vehicle and/or parts thereof and waiving all further interest in the vehicle and/or parts thereof, and signed by the landowner(s), or occupant(s), and vehicle owner(s); and

5. The vehicle and/or parts thereof are located on a parcel that is zoned for agricultural use or that is not improved with a residential structure containing one or more dwelling units.

(Ord. No. 2026, § 35, 6-28-2016)

As an alternative to any other procedure set forth in this chapter, the county may abate any nuisance described in this chapter by the prosecution of a civil action as set forth in Section 10.16.210 of the Tehama County Code.

(Ord. No. 2026, § 36, 6-28-2016)

Nothing in this chapter shall be construed as imposing on the enforcing officer or the county any duty to issue any notice hereunder, nor to abate any nuisance, nor to take any other action with regard to any nuisance, and neither the enforcing officer nor the county shall be held liable for failure to issue any notice hereunder, nor for failure to abate any nuisance, nor for failure to take any other action with regard to any nuisance.

(Ord. No. 2026, § 37, 6-28-2016)

After a vehicle has been removed pursuant to this chapter, 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 plates pursuant to Vehicle Code Section 5004, in which case the vehicle may be reconstructed or made operable.

(Ord. No. 2026, § 38, 6-28-2016)

If any section, subsection, sentence, clause, portion, or phrase of this chapter is for any reason held illegal, invalid, or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions hereof. The board hereby declares that it would have passed this chapter and each section, subsection, sentence, clause, portion, or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared illegal, invalid or unconstitutional.

(Ord. No. 2026, § 39, 6-28-2016)