Yuba County Municipal Code Ch. 7.35 Abandoned, Wrecked, Dismantled or Inoperative Vehicles

(a) In accordance with the authority granted by the State of California under Vehicle Code § 22660 to remove abandoned, wrecked, dismantled, or inoperative vehicles or parts thereof, the Board of Supervisors of the County of Yuba hereby makes the following findings and declarations:

(b) The accumulation and storage of abandoned, wrecked, dismantled or inoperative vehicles or parts thereof on private or public property is hereby found to create a condition having the potential 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. Therefore, the presence of an abandoned, wrecked, dismantled, or inoperative vehicle or parts thereof, on private or public property, except as expressly hereinafter permitted, is hereby declared to constitute a public nuisance of the Yuba County Ordinance Code and may be abated as such in accordance with the provisions of this Chapter or Chapter 7.36.

(Prior Code, § 7.35.010; Ord. No. 1180; Ord. No. 1457)

The following words, terms and phrases, when used in this Chapter, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning:

(1) Abandoned vehicle means a vehicle placed on property without the permission of the property owner or person having legal control of the property and not moved for a period of 60 days.

(2) County means the County of Yuba.

(3) Director means the Director of the County Department that has been assigned responsibility for administration of code enforcement services in the County and his or her designee.

(4) Dismantled vehicle includes a vehicle which is in pieces.

(5) 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.

(6) Inoperative or inoperable vehicle includes a vehicle which is (1) mechanically incapable of being driven; (2) prohibited from being operated on a public street or highway pursuant to the Vehicle Code concerning license plates, registration, equipment, safety and related matters; or (3) lacks an engine, transmission, wheels, tires, doors, windshield, or any other part or equipment necessary to operate safely. It is presumed that a vehicle which has not been moved for a period of 60 days is inoperable.

(7) Owner of the land means the owner of the land on which the vehicle, or parts thereof, is located, as shown on the last assessment roll.

(8) Owner of the vehicle means the last registered owner.

(9) Public property does not include "highway."

(10) 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.

(11) Wrecked vehicle includes a vehicle which is destroyed, disabled, seriously damaged, crashed or ruined.

(Prior Code, § 7.35.020; Ord. No. 1180; Ord. No. 1457)

This Chapter shall not apply to:

(1) Any items such as vehicles, and parts thereof, that are completely screened from the street or other public or private property, by means of a solid fence, trees or shrubbery or located away from public view. These items shall be maintained in a manner as to not constitute a health or safety hazard.

(2) A collector may maintain one or more vehicles, as described in Vehicle Code Ch. 1, Art. 8.3 (Vehicle Code 5051 et seq.), whether currently licensed or unlicensed or whether operable or inoperable, in outdoor storage or private property, if every such vehicle and outdoor storage area is maintained in such a manner as not to constitute a health or safety hazard and are screened completely from the street or other public or private property by means of a solid fence, trees, or shrubbery or located away from public view.

(3) Where an inoperable vehicle cannot be stored out of public view as specified in Section 7.35.030(1), repairs may be effected as specified herein. All work shall be accomplished in the driveway of the residential premises. The physical condition of the vehicle shall be maintained, and all parts removed from the vehicle shall be stored such that no significant detriment to health or safety exists. No repairs authorized under this Section shall occur in conjunction with an automotive repair business or on any for-profit basis. Repairs as specified herein shall be completed within a period of 30 days. Where the vehicle becomes the subject of an enforcement action, the repair period may be extended up to 90 days, or longer, as deemed appropriate by the Director. This Section shall permit one vehicle only to be repaired in the driveway of a residential premises during any given period of time, and the simultaneous repair of more than one vehicle under the conditions specified herein is expressly prohibited.

(4) Vehicles, 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, licensed junk dealer or when such storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise. These businesses shall comply with Section 12.45.090 of the Yuba County Zoning Ordinance in regard to screening.

(Prior Code, § 7.35.030; Ord. No. 1180; Ord. No. 1405; Ord. No. 1457)

This Chapter is not the exclusive regulation of abandoned, wrecked, dismantled, or inoperative vehicles within the County of Yuba. It shall supplement and be in addition to the other regulatory statutes and ordinances heretofore or hereafter enacted by the County, the State or any other legal entity or agency having jurisdiction.

(Prior Code, § 7.35.040; Ord. No. 1180)

Except as otherwise provided herein, the provisions of this Chapter shall be administered and enforced by the Director. In the enforcement of this Chapter, such officer and his or her deputies and Code Enforcement Officers may enter upon private or public property, with permission of the property owner or the person having legal control of property or by warrant, to examine a vehicle, or parts thereof, or obtain information as to the identity of a vehicle, and to remove or cause the removal of a vehicle or parts thereof, declared to be a nuisance pursuant to this Chapter.

(Prior Code, § 7.35.050; Ord. No. 1180; Ord. No. 1405; Ord. No. 1457)

When the Board of Supervisors has contracted with or granted a franchise to any person or persons, such person or persons when so ordered shall be authorized to lawfully enter upon private property or public property to remove or cause the removal of a vehicle, or parts thereof, declared to be a nuisance pursuant to this Chapter.

(Prior Code, § 7.35.060; Ord. No. 1180)

The Board of Supervisors shall from time to time determine and fix an amount to be assessed as administrative costs, excluding the actual cost of removal of any vehicle, or parts thereof, under this Chapter.

(Prior Code, § 7.35.070; Ord. No. 1180)

Upon discovering the existence of an abandoned, wrecked, dismantled, or inoperative vehicle, or parts thereof, on private property or public property within the County that constitutes a public nuisance as defined in Chapter 7.35 and that is not exempted in Section 7.35.030, the Director shall have the authority to cause the abatement and removal thereof in accordance with the procedures prescribed herein.

(Prior Code, § 7.35.080; Ord. No. 1180; Ord. No. 1405; Ord. No. 1457)

A ten-day notice of intention to abate and remove the vehicle(s), or parts thereof, shall be mailed with a proof of service to the owner of the land as shown on the last equalized assessment roll, and unless information is unavailable to determine ownership through Department of Motor Vehicle records, to the registered owner and, where applicable, any lienholder(s) of record. No such notice is required if the property owner and the owner of the vehicle have signed releases authorizing removal and waiving further interest in the vehicle or part thereof The notices of intention shall also advise the responsible party(ies) that in the event that the County exercises authority to remove the vehicle(s), any personal property shall be inventoried; however, such property should be removed in advance or it may be lost.

The notices of intention shall be in substantially the following forms:

NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED, WRECKED, OR INOPERATIVE VEHICLE OR PARTS THEREOF AS A PUBLIC NUISANCE

(Name and address of owner of the land)

As owner shown on the last assessment roll of the land located at (address), you are hereby notified that the undersigned pursuant to (section of chapter) has determined that there exists upon said land an abandoned (or parts of an abandoned), wrecked, dismantled, or inoperative vehicle registered to ___________, license number _______ which constitutes a public nuisance pursuant to the provisions of Chapter 7.35 of the Yuba County Ordinance Code.

You are hereby notified to abate said nuisance by the removal of said vehicles (or said parts of a vehicle) within ten days from the date of mailing of this notice; and upon your failure to do so, the same may 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 said vehicle is (or said parts of a vehicle are) located.

As owner of the land on which said vehicle (or said parts of a vehicle) is located, 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 a request is not received by the Director within such ten-day period, the Director shall have the authority to abate and remove said vehicle (or said parts of a vehicle) as a public nuisance and assess the costs as aforesaid without a public hearing. All personal property that remains within or attached to the vehicle will be inventoried; however, you are advised to remove such property in advance or it may be lost.

You may submit a sworn written statement within such ten-day period denying responsibility for the presence of said vehicle (or said parts of a vehicle) on said 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 as aforesaid in time for consideration at such hearing.

Notice Mailed: ___________ (date)

___________

Director

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 undersigned, pursuant to (section of chapter), has determined that said 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 provisions of (chapter section).

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

As registered (and/or legal) owner of record of said vehicle (or said parts of vehicle), you are hereby notified that you may within ten days after mailing of this notice of intention, request a public hearing and if such a request is not received by the Director within such ten-day period, the Director shall have the authority to abate and remove said vehicle (or said parts of a vehicle) without a hearing. All personal property that remains within or attached to the vehicle will be inventoried; however, you are advised to remove such property in advance, or it may be lost.

Notice mailed: _______(date)

___________

Director

(Prior Code, § 7.35.090; Ord. No. 1180; Ord. No. 1405; Ord. No. 1457)

The Notice of Intention is not required for removal of a vehicle or part thereof which is inoperable due to the absence of a motor, transmission, or wheels and incapable of being towed, is valued at less than $300.00 by persons specified in Vehicle Code § 22855, and is determined by the Director 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 or part thereof. Prior to final disposition under Vehicle Code § 22662 and this Chapter of such a low valued vehicle or part for which evidence of registration was recovered pursuant to Vehicle Code § 22661(a) and Section 7.35.090 of the Yuba County Ordinance Code, the Director shall provide notice to the registered legal owners of intention to dispose of the vehicle or part, and if the vehicle or part is not claimed and removed within 12 days after the notice is mailed, from a location specified in Vehicle Code § 22662, final disposition may proceed. No Local Agency or contractor thereof shall be liable for damages caused to a vehicle or part thereof by removal pursuant to this Chapter. This Section applies only to inoperable vehicles located upon a parcel that is (1) zoned for agricultural use or (2) not improved with a residential structure containing one or more dwelling units.

(Prior Code, § 7.35.095; Ord. No. 1180; Ord. No. 1457)

Upon request of the owner of the vehicle or the owner of the land and received by the Director within ten days after the mailing of the notices of intention to abate and remove, a public hearing shall be held by a an Administrative Law Judge 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. If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle on his or her land within such ten-day period, said statement shall be construed as a request for a hearing. Notice of the hearing shall be mailed with a proof of service at least ten days before the hearing to the owner of the land and 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.

(Prior Code, § 7.35.100; Ord. No. 1180; Ord. No. 1457)

(a) All hearings under this Chapter shall be held before the Administrative Law Judge who shall hear all facts and testimony on the condition of a vehicle or parts thereof and the circumstances concerning its location on said private property or public property. Neither the Administrative Law Judge nor the property owner shall 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 his or her reasons for such denial.

(b) The Administrative Law Judge may impose such conditions and take such other actions as deemed appropriate under the circumstances to carry out the purpose of this Chapter. The Administrative Law Judge may delay the time for removal of the vehicle or parts thereof, if in the Administrative Law Judge's opinion, the circumstances justify it. At the conclusion of the public hearing, the Administrative Law Judge may find that a vehicle or a part thereof 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 for removal to be charged against the owner of the land. The order requiring removal shall include the description of the vehicle or parts thereof and the correct identification number and license number of the vehicle if available at the site.

(c) Although the Administrative Law Judge may find that a vehicle meets the strict requirements of abandonment as established by this Chapter, the Administrative Law Judge may also find that, due to special circumstances, including but not limited to, severe hardship, antique nature of the vehicles, or the business enterprise of the owner, that strict enforcement of this Chapter would not be in keeping with the best interest of the public. In order to comply with the purpose of this Chapter, the Administrative Law Judge may then order appropriate action be taken. Such action may include, but shall not be limited to, delayed removal, visual screening, or movement to another location.

(d) If 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 or she has not subsequently agreed to its presence, or where the vehicle was placed on the land by a tenant and that the landowner has reasonably taken the steps legally available to effect compliance, remove the vehicle and/or evict the tenant, the Administrative Law Judge shall not assess the cost of administration or removal of the vehicle against the property upon which the vehicle was located and the County shall not otherwise attempt to collect such costs from such owner of the land.

(e) If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle on his or her land, but does not appear, or if an interested party makes a written presentation to the Administrative Law Judge but does not appear, he or she shall be notified in writing of the decision.

(f) In the event the Administrative Law Judge determines administrative costs shall be charged against the owner of the land, such administrative costs shall include the cost of the Administrative Law Judge.

(g) Should the Administrative Law Judge determine no public nuisance exists on the subject property, all County fees and costs related to the specific case, including the cost of the Administrative Law Judge, shall be borne by the County.

(h) The Director shall give written notice of the time and place of the hearing to the appellant and those persons specified in Section 7.35.090.

(Prior Code, § 7.35.110; Ord. No. 1180; Ord. No. 1457)

When a determination has been made that a vehicle constitutes a public nuisance, initial action shall be to attempt to achieve voluntary compliance on the part of the responsible party(ies). When voluntary compliance is not achieved, notification of intention to abate shall be mailed or delivered to the responsible party(ies). Ten days after such mailing or proof of service of notification, 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 except as provided in Vehicle Code § 22661(f).

(Prior Code, § 7.35.120; Ord. No. 1180; Ord. No. 1457)

Within five days after the date of removal of the vehicle or parts thereof, notice shall be given to the Department of Motor Vehicles, 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.

(Prior Code, § 7.35.130; Ord. No. 1180)

If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to Section 7.35.110 are not paid within 30 days of the date of the order, or the final disposition of an appeal therefrom, such costs shall be assessed against the parcel of land pursuant to Government Code § 25845 and shall be transmitted to the Tax Collector for collection. Said assessment shall have the same priority as other County taxes.

(Prior Code, § 7.35.140; Ord. No. 1180)

Vehicles or parts thereof may be disposed of as provided in Vehicle Code § 22662.

(Prior Code, § 7.35.150; Ord. No. 1180)

Upon completion of abatement, a County official shall mail a notice of compliance as of date of final inspection.

(Prior Code, § 7.35.160; Ord. No. 1180)

(Prior Code, § 7.35.170; Ord. No. 1180; Ord. No. 1188; Ord. No. 1209).