Ventura County Municipal Code Art. 7.1 Abandoned Vehicles

The general provisions set forth in Article 7, Sections 6280-1 to 6280-8, inclusive, shall be applicable to this Article 7.1.

The provisions of this article are applicable only to "abandoned" vehicles, and are an alternative to the procedures contained in Article 7 with reference to removal of vehicles as public nuisances.

For the purposes of this article, abandonment of a vehicle consists of a voluntary leaving of a vehicle on private or public property, not including highways, by its owner with intent to abandon it and to relinquish any right or dominion over it.

No person shall abandon a vehicle upon private or public property without the express or implied consent of the owner or person in lawful possession or control of the property. Any person convicted of a violation of this section shall be punished by a fine of not less than $100. (Veh. Code, § 22523.)

In determining whether or not a vehicle has in fact been abandoned, the enforcement officer shall consider the physical evidence which may be present or apparent in, on, or around the vehicle, and information received from sources such as the owner of property on which the vehicle is located.

A notice of violation of this article shall be posted on the vehicle; such notice shall be securely attached to the 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. Failure to remove the vehicle within 72 hours after posting such notice shall constitute prima facie evidence of abandonment.

(Veh. Code, § 22651, subd. (k).)

A notice of apparent abandonment of the vehicle and intention to remove and dispose of it shall be mailed by the enforcement officer to the last registered and legal owners of record of the vehicle unless the vehicle is in such condition that such identification is not available to determine ownership of the vehicle.

On the third day following mailing of the notice, or 72 hours after posting the notice on the vehicle, whichever is later if both procedures are followed, the vehicle may be removed and disposed of.

Notwithstanding the above provisions for notice, if the enforcement officer has reasonable grounds to believe, from physical evidence in, on, or around the vehicle, or from other sources, that the vehicle has been abandoned, the notices provided for herein may be omitted, and the vehicle may be removed forthwith.

(Veh. Code, § 22669, subd. (a).)

The enforcement officer may remove the vehicle only after he has mailed or personally delivered a written report identifying the vehicle and its location to the office of the Department of California Highway Patrol located nearest to the vehicle.

(Veh. Code, § 22669, subd. (c).)

Within five days after the 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).)

The abandonment of any vehicle shall constitute a prima facie presumption that the last registered owner of record, not having complied with the provisions of Vehicle Code Section 5900, is responsible for such abandonment and is thereby liable for the cost of removal and disposition of the vehicle.

(Veh. Code, § 22524.)