Article 7 — Abandoned or Inoperative Motor Vehicles

(Am. by Ord. 3812—5/26/87)

6280 - General provisions. 6280-1 - Definitions. 6280-1.1 - 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. For the purposes of this article, "vehicle" includes a vehicle or any part thereof. 6280-1.2 - 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. 6280-1.3 - Public Property does not include "highway." 6280-2 - Enforcing agency.

Except as otherwise provided herein, the provisions of this article shall be administered and enforced by the Director of the Resource Management Agency. In the enforcement of this article, such officer and his representatives may enter upon private or public property to examine a vehicle or obtain information as to the identity of a vehicle and to remove or cause the removal of a vehicle pursuant to this article. (Veh. Code, § 22663.)

6280-3 - Authorized removal.

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 removal of a vehicle declared to be a nuisance pursuant to this article.

(Veh. Code, § 22669, subd. (b).)

6280-4 - Repair after removal prohibited—Exception.

After a vehicle has been removed, it shall not be reconstructed or made operable unless it is a vehicle which qualified for either horseless carriage license plates or historical vehicle license plates, pursuant to Vehicle Code Section 5004, in which case the vehicle may be reconstructed or made operable.

(Veh. Code, § 22661, subd. (f).)

6280-5 - Administrative costs.

The Board of Supervisors shall from time to time by resolution determine and fix an amount to be assessed as administrative costs under this article and the cost of removal of the vehicle.

6280-6 - Enforcement officer.

For the purposes of this article, the provisions hereof shall be administered and enforced by an enforcement officer duly appointed thereto by the Director of the Resource Management Agency.

6280-7 - Exceptions.

This article shall not apply to:

(a)

A vehicle which is completely enclosed within a building or which is located behind a solid fence six feet in height where stored in a lawful manner and where it is not visible from the street or other public or private property; or

(b)

A vehicle 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.

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 article. Nothing in this section shall authorize the maintenance of a junk yard, scrap metal processing facility or used car junk area in any zone other than as provided for in Division 8, Chapter 1 of the Ventura County Ordinance Code.

6280-8 - Nonexclusive regulation.

This article is not the exclusive regulation of abandoned, wrecked, dismantled or inoperative vehicles within the County. It shall supplement and be in addition to the other regulatory codes, statutes, and ordinances heretofore or hereafter enacted by the County, the State, or any other legal entity or agency having jurisdiction. In particular, the enforcement officer shall comply with all applicable post-storage notice and hearing provisions of Vehicle Code Sections 22850 et seq.

6281 - Abandoned, wrecked, dismantled, and inoperative vehicles—Public nuisance—Notice—Public hearing requirement. 6281-1 - Public nuisance.

The accumulation and storage of abandoned, wrecked, dismantled, or inoperative vehicles 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 shelter 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 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 article. (Veh. Code, § 22660.)

6281-2 - Notice of intention to abate or remove vehicles—When notice not required.

(a)

A 10-day notice of intention to abate and remove the vehicle as a public nuisance shall be mailed by registered or certified mail, return receipt requested, to the owner of the land on which the vehicle is located as shown on the last equalized assessment role, and to the last registered and legal owners of record of the vehicle unless the vehicle is in such condition that identification numbers are not available to determine ownership of the vehicle.

(Veh. Code, § 22661, subd. (d).)

(b)

In addition, such notice shall be securely attached to such vehicle either on the steering post or front door handle or in such other conspicuous place as to be easily observed by the person in charge of such vehicle upon his return thereto.

(c)

The 10-day notice shall contain a statement of the hearing rights of the owner of the property on which the vehicle is located and of the owner of the vehicle. The statement shall include notice to the owner of the land that he may appear in person at a hearing or submit a sworn statement denying responsibility for the presence of the vehicle on the land, with his reasons for such denial, in lieu of appearing at the hearing.

(Veh. Code, § 22661, subd. (d).)

(d)

If the vehicle is located on a parcel of land that is (1) zoned for agricultural use or (2) not improved with a residential structure containing one or more dwelling units, and the vehicle is inoperable, the 10-day notice is not required for removal of a vehicle which is inoperable due to the absence of a motor, transmission, or wheels and incapable of being towed, is valued at less than $200 by the enforcement officer, and is determined by him to be a public nuisance presenting an immediate threat to public health or safety, provided that the property owner has signed a release authorizing removal and waiving further interest in the vehicle. Prior to final disposition of a low-valued vehicle for which evidence of registration is found or ascertained, the enforcement officer shall mail a notice to the registered and legal owners of an intent to dispose of the vehicle, and if the vehicle is not claimed and removed from the location specified in the notice within 12 days after the notice is mailed, disposition may proceed.

(Veh. Code, § 22661, subd. (c).)

(e)

The 10-day notice shall not be required if the property owner and the owner of the vehicle have signed releases authorizing removal and waiving further interest in the vehicle. Thereupon, the enforcement officer shall have the authority to immediately remove the vehicle from its location on private or public property.

6282 - Request for public hearing—Notice. 6282-1 - Request for hearing.

Upon request by the owner of the vehicle or the owner of the land on which such vehicle is located, a public hearing shall be held before the enforcement officer designated by the Director of the Resource Management Agency. This request shall be made to the Director of the Resource Management Agency within 10 days after the mailing of notice of intention to abate and remove the vehicle, or at the time of signing a release pursuant to Section 6281-2, subdivision (d).

(Veh. Code, § 22661, subd. (e).)

6282-2 - Statement of nonresponsibility.

If the owner of the land on which the vehicle is located submits a sworn statement denying responsibility for the presence of the vehicle on his land within such time period, this statement shall be construed as a request for hearing which does not require the presence of the owner submitting such request. If such a request is not received within such period, the enforcement officer shall have the authority to remove the vehicle.

(Veh. Code, § 22661, subd. (e).)

6282-3 - Notice of hearing.

If a hearing is requested, a notice of hearing shall be mailed at least ten days before the hearing by certified mail, with a five-day return requested, by the hearing official to the owner of the land on which the vehicle is located and to the owner of the vehicle if known or available. The notice shall contain the following information:

(1)

The date, time and place of hearing;

(2)

That the hearing is to resolve questions of abatement of a nuisance and assessment of the costs thereof against the property on which the vehicle is located; and

(3)

A notice to the property owner that he may appear in person at the hearing or may submit a sworn statement denying responsibility for the presence of the vehicle on the land, with his reasons for such denials, in lieu of appearing at the hearing.

6283 - Effect of no response.

If no response to the 10-day notice of intention to abate and remove the vehicle from private or public property is received within the 10-day period, or if a public hearing is not otherwise requested, no public hearing need be held, and the enforcement officer shall have the authority to remove the vehicle from its location on private or public property immediately following expiration of the 10-day period.

6284 - Public hearing—Procedure and decision—Appeals—Removal of vehicle. 6284-1 - Hearing official.

For the purpose of this article, the hearing official shall be the enforcement officer duly appointed thereto by the Director of the Resource Management Agency.

6284-2 - Hearing procedure and decision.

All hearings under this article shall be held before the hearing official who shall hear and receive into evidence all facts, documents, and testimony he deems pertinent. Such evidence may include testimony on the condition of the vehicle and the circumstances concerning its location on the property. The hearing official shall not be limited by the technical rules of evidence. The hearing official may impose such conditions and take such other action as he deems appropriate under the circumstances to carry out the purpose of this article. He may delay the time of removal of the vehicle if, in his opinion, the circumstances justify it. At the conclusion of the public hearing he may find that a vehicle 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 parcel of land on which the vehicle is located. The order requiring removal shall include a description of the vehicle and the correct identification number and license number of the vehicle, if available.

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 parcel of land on which the vehicle is located. The order requiring removal shall include a description of the vehicle and the correct identification number and license number of the vehicle, if available.

If it is determined at the hearing that the vehicle was placed on the land without the consent of the landowner and that he has not subsequently acquiesced in its presence, the hearing official shall not assess 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 landowner, but such costs shall instead be charged to and recovered from the owner of the vehicle.

Written notice of the action taken by the hearing official shall be given by mailing a copy thereof to the owner of the land and to the registered and legal owners of the vehicle; such notice shall include information regarding the amount to be assessed as administrative costs and cost of removal of the vehicle, and the right of appeal to the Planning Commission.

6284-3 - Appeals.

Any interested party may appeal the decision of the hearing official by filing a written notice of appeal with the Planning Commission within five days after receiving notice, in person or by letter, of the decision of the hearing official; a copy of said notice shall be filed

with the Director of the Resource Management Agency.

Notice of the date, time and place of the hearing on appeal shall be given in writing to the appellant and the Director of the Resource Management Agency by the secretary of the Planning Commission.

The Planning Commission may require that the hearing official be present at the hearing on appeal, and that he provide the Planning Commission with copies of documents and other information in his possession which may be requested by the Commission.

The Planning Commission shall not be limited by the technical rules of evidence in the hearing on appeal. The Planning Commission may affirm, amend or reverse the order of the hearing official, or take other action deemed appropriate. Such action of the Planning Commission shall be final.

Written notice of the action taken by the Planning Commission shall be given by mailing a copy thereof to the appellant, to the Director of the Resource Management Agency, and to any interested party who has made a written presentation to the Planning Commission. Such notice shall state that the decision of the Planning Commission is final and shall include information regarding the amount to be assessed as administrative costs and cost of removal of the vehicle, if applicable.

6284-4 - Removal of vehicle.

Five days after mailing notice of the hearing official's decision, or five days after mailing the notice of the Planning Commission's decision on appeal, if such decision declares the vehicle to be a public nuisance and authorizes the removal thereof, the enforcement officer may dispose of the vehicle by removal to a junk yard, used car junk area, or automobile dismantler's yard.

6284-5 - Notice to the Department of Motor Vehicles.

Within five days after date of removal of the vehicle, notice shall be given by the enforcement officer to the Department of Motor Vehicles identifying the vehicle and any evidence of registration available, including, but not limited to, the registration card, certificates of ownership, and license plates.

(Veh. Code, § 22661, subd. (a).)

6285 - Assessment of costs.

When the administrative costs and cost of removal of the vehicle are to be charged against the owner of a parcel of land, if such costs are not paid within 30 days after the date of mailing notice of the hearing official's decision, or within 30 days after the date of mailing notice of the decision of the Planning Commission in case of an appeal from the decision of the hearing official, such costs shall be assessed against the parcel of land in accordance with Government Code Section 25845.

6286 - Enforcement personnel as public officers.

For the purposes of this article, enforcement personnel duly appointed by the Director of the Resource Management Agency are "public officers" with power of arrest within the meaning of California Penal Code Section 836.5 with respect to abandoned vehicle abatement on public property (not including highways).