Tuolumne County Municipal Code Ch. 10.40 Abandoned Vehicles

Sections:

10.40.010 Declaration to abate abandoned vehicle.

10.40.020 Definitions.

10.40.030 Scope.

10.40.040 Supplemental to other regulations.

10.40.050 Administration and enforcement.

10.40.060 Authority to abate abandoned vehicle.

10.40.070 Notice to abate.

10.40.080 Public hearing on abatement.

10.40.090 Denial of responsibility by property owner.

10.40.100 Hearing of facts and testimony.

10.40.110 Actions by the board of supervisors.

10.40.120 Property owner not liable for costs.

10.40.130 Notice of decision in writing.

10.40.140 Disposal of vehicle.

10.40.150 Identification of removed vehicles.

10.40.160 Assessment of costs against land.

10.40.170 Abandonment of vehicle a misdemeanor.

vehicle. 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 Tuolumne 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 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 part thereof, on private or public property not including highways, except as expressly hereinafter permitted, is declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this chapter. (Ord. 2088 (part), 1995).

"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 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. (Ord. 2088 (part), 1995).

A. This chapter shall not apply to:

1. 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

2. 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 lawfully conducted business or commercial enterprise; including farming, ranching, logging or mining enterprises; or

3. A vehicle, or parts thereof which is located behind a solid fence six feet in height or which is not plainly visible from a highway.

B. 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. 2088 (part), 1995).

This chapter is not the exclusive regulation of abandoned, wrecked, dismantled or inoperative vehicles within the unincorporated area of the county. It shall supplement and be in addition to other regulatory codes, including but not limited to, constitutional, statutory or other legal constraints and ordinances heretofore or hereafter enacted by the county, state, or any other legal entity or agency having jurisdiction. (Ord. 2088 (part), 1995).

Except as otherwise provided herein, the provisions of this chapter shall be administered and enforced by the sheriff. The sheriff may delegate responsibilities for removal of abandoned vehicles under the authority of this chapter to an employee of the sheriff s department. (Ord. 2088 (part), 1995).

vehicle. Upon discovering the existence of an abandoned, wrecked, dismantled, or inoperative vehicle, or parts thereof, on public property or private property within the county, the sheriff shall have the authority to cause the abatement and removal thereof in accordance with the procedures prescribed in this chapter. (Ord. 2088 (part), 1995).

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 last equalized assessment roll and to the last registered and legal owner of record, unless the vehicle is in such condition that identification numbers are not available to determine ownership.

A. The notices or 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 land)

As owner shown on the last equalized assessment roll of the land located at (address), you are hereby notified that the Sheriff's Department, pursuant to Tuolumne County Ordinance 10.40, has determined that there exists at the above location an abandoned, wrecked, dismantled, or inoperative vehicle (or parts thereof) registered to , license number .

This vehicle has been determined to constitute a public nuisance pursuant to the provisions of 10.40, has determined that there exists at the above location an abandoned, wrecked, dismantled, or inoperative vehicle (or parts thereof) registered to , license number . This vehicle has been determined to constitute a public nuisance pursuant to the provisions of 10.40 of the County Ordinance Code.

You are hereby notified to abate this nuisance by the removal of the vehicle (or parts of a vehicle) within 10 days from the date of mailing of this notice. Upon your failure to remove this nuisance, it 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 the vehicle (or parts of a vehicle) is located.

As owner of the land on which the vehicle (or 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 a request is not received by the Sheriff of the County of Tuolumne within such 10 day period, the Sheriff shall have the authority to abate and remove the vehicle (or parts of a vehicle) as a public nuisance and assess the costs without a public hearing. You may submit a sworn written statement within such 10 day period denying responsibility for the presence of the vehicle (or parts of a vehicle)

on the 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 in time for consideration at such hearing.

NOTICE MAILED:

Sheriff, Tuolumne County

“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/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 Sheriff, pursuant to Section 10.40 of the County Ordinance Code, has determined that the 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 provision of Section 10.40 of the County Ordinance Code.

You are hereby notified to abate the nuisance by the removal of the vehicle (or parts of a vehicle), within 10 days from the date of mailing of this notice.

As the last registered (and/or legal) owner of record of the vehicle (or parts of a vehicle), you are hereby notified that you may, within ten days after the mailing of this notice of intention, request a public hearing and if such request is not received by the Sheriff of the County of Tuolumne within such 10 day period, the Sheriff shall have the authority to abate and remove said vehicle (or parts of a vehicle) without a hearing.

NOTICE MAILED:

Sheriff, Tuolumne County

B. In addition to the mailed notice, a distinctive notice of the intent to remove shall be placed on the vehicle or vehicle parts to be removed.

C. A notice of intention to abate shall not be required if: (1) the property owner and the owner of the vehicle have signed releases authorizing removal and waiving further interest in the vehicle or part thereof; or (2) all the following conditions are satisfied:

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

2. The vehicle or part thereof is valued at less than two hundred dollars by the sheriff of Tuolumne County or his/her designee;

3. That the vehicle or part thereof is determined to be a public nuisance presenting an immediate threat to public health or safety;

4. The property owner has signed a release authorizing the removal and waiving further interest in the vehicle or part thereof; and

5. The vehicle is located upon a parcel that is either zoned for agricultural use or is not improved with a residential structure containing one or more dwelling units.

D. If a vehicle is removed pursuant to subsection (C)(2) of this section, prior to final disposition, the registered or legal owner shall be notified of the intent to dispose of the vehicle or part thereof. If the vehicle or part thereof is not claimed and removed from the scrap yard, automobile dismantler's yard or public disposal area within twelve days after the notice to dispose of vehicle is mailed, final disposition may proceed. (Ord. 2088 (part), 1995).

request by the owner of the vehicle or owner of the land received by the abandoned car abatement officer within ten days after the mailing of the notices of intention to abate and remove, a public hearing shall be held by the board of supervisors 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. (Ord. 2088 (part), 1995).

owner. If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle on his/her land within such ten-day period, said statement shall be construed as a request for a hearing which does not require his/her presence. Notice of hearing shall be mailed, by registered 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.
(Ord. 2088 (part), 1995).

hearings under this chapter shall be held before the board of supervisors which shall hear all facts and testimony it deems pertinent. Such facts and testimony may include testimony on the condition of the vehicle or parts thereof and the circumstances concerning its location on the private property or public property. The board of supervisors 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 the reason for such denial. (Ord. 2088 (part), 1995).

The board of supervisors may impose such conditions and take such other action as it deems appropriate under the circumstances to carry out the purpose of this chapter. It may delay the time for removal of the vehicle or parts thereof, as in its opinion the circumstances justify. At the conclusion of the public hearing, the board of supervisors may find that a vehicle or parts thereof have been abandoned, wrecked, dismantled, or are 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 after a determination of the administrative costs and the cost of removal, may charge said costs against the owner of the land. The order requiring removal shall include a description of the vehicle or parts thereof and the correct identification and license number of the vehicle if available at the site. (Ord. 2088 (part), 1995).

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 board of supervisors 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. (Ord. 2088 (part), 1995).

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, or if an interested party makes a written presentation to the board of supervisors but does not appear, he/she shall be notified in writing of the decision. (Ord. 2088 (part), 1995).

adoption of the order declaring the vehicle or parts thereof to be a public nuisance or five days from the date of mailing of notice of the decision if such notice is required by Sections 10.40.100 through 10.40.130, the vehicle or parts thereof may be disposed of by removal to a scrap yard or automobile dismantler's yard.
After a vehicle has been removed, 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 license plates pursuant to Section 5004 of the Vehicle Code, in which case the vehicle may be reconstructed or made operable. (Ord. 2088 (part), 1995).

Within five days after the date of removal of the vehicle or parts thereof, notice shall be given to the Department of Motor Vehicles by the persons authorized to remove the vehicle 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. 2088 (part), 1995).

the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to Sections 10.40.100 through 10.40.130 are not paid within thirty days of the date of the order, 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 collections.
The assessment shall have the same priority as other county taxes. (Ord. 2088 (part), 1995).

misdemeanor. It is unlawful and a misdemeanor for any person to abandon or permit the abandonment, parking, storing, or leaving of any licensed or unlicensed vehicle or parts thereof which has been determined to be a public nuisance and is abandoned, wrecked, dismantled, or in an inoperative condition upon any private property or public property, including highways, within the county 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, farming, ranching, mining, or logging properties, or a junkyard. (Ord. 2088 (part), 1995).