Trinity County Municipal Code Ch. 10.60 Abandoned Vehicles

In addition to and in accordance with the determination made pursuant to Sections 22660 through 22710 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 Trinity ("board") finds that the accumulation and/or storage of such vehicles or parts thereof on public property, including roads, highways, forests or waterways, creates a blight, invites plundering, creates a fire hazard, provides a harborage for rodents and insects, and constitutes a condition injurious to the public health, safety and general welfare. The board therefore declares the presence of the aforementioned vehicles, or parts thereof, a public nuisance which may be abated pursuant to the applicable sections of the California Vehicle Code.

(Ord. 1188 (part), 1994)

This chapter shall not apply to: a vehicle, or parts thereof, which are completely enclosed within a building or fence in a lawful manner where they are not visible from the street or other public or private property; or a vehicle, or parts thereof, which are 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 lawfully conducted business or commercial enterprise; or any vehicle which can be made operable, and which is currently registered with the Department of Motor Vehicles; or any vehicle on private property where the landowner has entered into a memorandum of understanding with Trinity County to provide for abatement of vehicles that were illegally abandoned on the private property without the landowner's knowledge or permission. 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.

(Ord. 1188 (part), 1994)

(Ord. No. 1294, § 1, 12-20-05)

The board authorizes and holds responsible the general services manager, or his designee, for the abatement and removal of abandoned vehicles as described in Section 10.60.010 of this chapter, in accordance with the applicable sections of the Vehicle Code.

(Ord. 1188 (part), 1994)

When the general services manager or his designee determine that a vehicle, or parts thereof, are abandoned in any location to which this chapter applies, he shall cause a notice of intent to abate and remove to be delivered to the owner of record, if identifiable, by registered or certified mail, and a copy of the notice shall be placed on the vehicle for at least five days. The notice shall contain a statement of the hearing rights of the vehicle owner, a description of the location of the vehicle or parts, a description of the vehicle or parts, a listing of the county ordinance or California Code section(s) allegedly violated, and shall state that the owner may either voluntarily abate the vehicle or parts thereof, or request a hearing within fifteen days from the date of the notice. The notice shall also state that a failure to respond shall constitute a waiver of the right to a hearing, and that the cost of abatement by the county may be assessed against the real property of the owner, pursuant to Section 25845 of the Government Code, or in the case of an abandoned vehicle, against the last registered owner of record, pursuant to Section 22524 of the Vehicle Code.

(Ord. 1188 (part), 1994)

The notice provided for in Section 10.60.040 shall not be required if the owner of the vehicle has signed a release authorizing removal and waiving further interest in the vehicle or part thereof; or if the vehicle is parked, resting, or otherwise immobilized on any highway or public right-of-way and which lack an engine, transmission, wheels, tires, doors, windshield, or any other part or equipment necessary to operate safely on the highways of this state, are hereby declared a hazard to public health, safety, and welfare and may be removed immediately upon discovery by a peace officer or other designated employee of the state, county, or city pursuant to Section 22669, paragraph D of the California Vehicle Code.

(Ord. 1188 (part), 1994)

Upon receipt of a request for hearing by the property owner or last registered vehicle owner within thirty days of the mailing of the notice to abate and remove, a public hearing shall be held by the Solid Waste Advisory Committee concerning the intended abatement and removal. Notice of the hearing shall be mailed by registered or certified letter at least fifteen days prior to the hearing to the owner, as provided in Section 10.60.040. If no response to the notice of hearing is received within fifteen days of mailing, the county shall abate and remove the vehicle or parts as a public nuisance without a hearing. The county may use any means necessary to remove the vehicle or parts, and is authorized to recover any costs incurred pursuant to Section 25845 of the Government Code. During the hearing, the committee shall not be limited by the technical rules of evidence, and the owner may either appear or present a sworn, written statement as testimony, provided that said statement is received in time for the hearing. The committee shall either uphold, uphold with conditions, or reverse the determination of the general services manager or his designee, and shall make findings of fact in support of its decision. If upheld, the general services manager or his designee shall direct the owner to abate and remove the vehicle or parts within fifteen days of the decision or file an appeal to the board within five days of receipt of the decision. If not abated within such period, it may be abated by the county, pursuant to those applicable sections of the Vehicle Code and the Government Code. An extension to the fifteen-day period may be granted, if the general services manager or his designee deem an extension reasonable under the circumstances. Any decision shall be made in writing and shall be served via certified or registered mail. Appeals to the board shall be subject to the same conditions as herein described regarding timing of notices, evidence and exercise of remedies.

(Ord. 1188 (part), 1994)

Within five days after the date of removal of the vehicle or parts thereof, notice of same shall be given to the Department of Motor Vehicles, identifying the vehicle or parts, and including any evidence of registration, including registration and title certificates and license plates.

(Ord. 1188 (part), 1994)