This chapter is enacted under the authority of Section 22660
and 22710 of the Vehicle Code, for the purpose of establishing procedures
for the abatement and removal, as public nuisances, of abandoned,
wrecked, dismantled or inoperative vehicles, or parts thereof, from
private or public property in the unincorporated area of the County,
including highways, and for the recovery of the cost of such removal
and administration of this chapter.
The existence, accumulation and storage of abandoned, wrecked,
dismantled, or inoperative vehicles, or parts thereof, creates conditions
likely to reduce the value of real property in the vicinity, promote
blight and deterioration, and invite plundering, create fire hazards
and harborage for rodents and insects, and is injurious to the public
peace, health, safety, and general welfare. The presence of abandoned,
wrecked, dismantled, or inoperative vehicles, or parts thereof, within
the unincorporated area constitutes a public nuisance, which the County
of Sacramento is empowered to abate and remove in accordance with
the provisions of this chapter.
(SCC 1 § 11, 1970; SCC
730 § 2, 1988; SCC 0876 § 1,
1992)
The meanings ascribed to the terms set forth under Sections 6.56.030 through 6.56.140 shall govern the interpretation of this chapter.
(SCC 1 § 11, 1970; SCC
730 § 2, 1988)
shall mean a device by which any person or property may be
propelled, moved, or drawn upon a highway, excepting a device moved
exclusively by human power or used exclusively upon stationary rails
or tracks. "Vehicle" includes any motor vehicle.
(Ord. 1061 § 3, 1969; SCC 1 § 11, 1970; SCC 730 § 2,
1988)
shall mean a vehicle which is self-propelled.
(Ord. 1061 § 4, 1969; SCC 1 § 11, 1970; SCC 730 § 2,
1988)
shall mean 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.
(Ord. 1061 § 5, 1969; SCC 1 § 11, 1970; SCC 730 § 2,
1988)
shall mean a way or place of whatever nature, publicly maintained
and open to the use of the public for purposes of vehicular travel.
"Street" includes highway.
(Ord. 1061 § 6, 1969; SCC 1 § 11, 1970; SCC 730 § 2,
1988)
shall mean the Director of the County Department of Planning
and Community Development and any subordinate County officer or employee
to whom he or she delegates any duty imposed upon or authority vested
in the Director under this chapter.
(Ord. 1061 § 7, 1969; SCC 1 § 11, 1970; SCC 730 § 2,
1988)
shall mean the owner of the land where a vehicle or part
thereof subject to regulation pursuant to this chapter is situated,
as shown on the last equalized assessment roll of the County.
(Ord. 1061 § 8, 1969; SCC 1 § 11, 1970; SCC 21 § 1,
1970; SCC 730 § 2, 1988)
shall mean both the last registered owner, within the meaning
of Section 505 of the Vehicle Code, and the last legal owner, within
the meaning Section 370 of the Vehicle Code, a vehicle or part thereof
subject to regulation pursuant to this chapter, as shown in the records
of the Department of Motor Vehicles.
(SCC 21 § 3, 1970; SCC
730 § 2, 1988)
shall mean a person to whom the County Executive has assigned
hearing responsibilities in accordance with this chapter.
(Ord. 1061 § 10, 1969; SCC 1 § 11, 1970; SCC 21 § 4,
1970; SCC 730 § 2, 1988)
shall mean the status of a vehicle or part thereof when the
vehicle owner has ceased to assert or exercise any interest, right
or title therein without intent to resume or reassert such interest,
right or title.
(Ord. 1061 § 11, 1969; SCC 1 § 11, 1970; SCC 21 § 5,
1970; SCC 730 § 2, 1988)
shall mean the condition of a vehicle which has been taken
apart, or to pieces, and/or stripped, or otherwise deprived of any
of its integral parts or equipment.
(Ord. 1061 § 12, 1969; SCC 1 § 11, 1970; SCC 730 § 2,
1988)
shall mean the condition of a vehicle which is physically
incapable of working, functioning, or otherwise operating to produce
its designed effect.
(Ord. 1061 § 13, 1969; SCC 1 § 11, 1970; SCC 730 § 2,
1988)
shall mean the condition of a vehicle which consists of disordered
or broken remains, or which has been brought to a physically impaired
or unsound condition, or other ruinous state by reason of collision,
crash or other forceful impact.
(Ord. 1061 § 13, 1969; SCC 1 § 11, 1970; SCC 21 § 6,
1970; SCC 730 § 2, 1988)
Except as otherwise expressly provided by Sections 6.56.160 and 6.56.360 and the procedures adopted pursuant to the latter section, this chapter shall apply to abandoned, wrecked, dismantled, or inoperative vehicles, or any part thereof, situated upon any private or public property, including highways, within the unincorporated area of the County of Sacramento.
(SCC 730 § 2, 1988; SCC
0876 § 2, 1992)
This chapter shall not apply to any vehicle or part thereof
which is either:
a.
Completely
enclosed within a building in a lawful manner where it is not visible
from the street or other public or private property; or
b.
Stored
or parked in a lawful manner on private property in connection with
the business of a licensed dismantler, licensed vehicle dealer, or
a junkyard; or
c.
Stored
upon private property in the manner authorized by Section 301-04.7
of the Zoning Code of Sacramento County.
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The exceptions provided by this section shall not be construed
to authorize the maintenance of a public or private nuisance, as such
nuisance may be defined under any provisions of law other than Chapter
10, (commencing with Section 22650), of Division 11 of the Vehicle
Code.
|
(SCC 730 § 2, 1988)
This chapter shall not be construed as excluding any other lawful
remedies available to the County of Sacramento for regulation, abatement,
and/or removal of abandoned, wrecked, dismantled, or inoperative vehicles
situated within the unincorporated area. The procedures provided by
this chapter shall be in addition to any other applicable regulations,
statutes, or ordinances heretofore or hereinafter enacted by the State
of California, this County, or any other entity having jurisdiction
in the matter.
(SCC 730 § 2, 1988)
The Director is charged with the responsibility of administering
this chapter and exercising the authority conferred thereby. The Director
may enter upon private property for purposes of administering and
enforcing this chapter, to examine a vehicle or part thereof, to obtain
information as to the identity of the vehicle, and to remove or cause
to be removed a vehicle or part thereof declared to be a nuisance
pursuant to this chapter. Any other person, firm or corporation authorized
by the County to remove vehicles from property for purposes of enforcement
of this chapter may enter upon private property to perform such removal,
upon request by the Director.
(SCC 730 § 2, 1988)
If the Director finds that reasonable grounds exist to believe that a vehicle or part thereof is abandoned, wrecked, dismantled or inoperative at any location to which this chapter applies pursuant to Section 6.56.150, the Director shall declare such vehicle or part to be a public nuisance, and thereupon proceed to abate such nuisance in the manner prescribed by this chapter.
(SCC 730 § 2, 1988)
Except as otherwise provided by Section 6.56.220, the Director shall issue not less than 10 days advance written Notice of Intention to abate and remove any vehicle or part thereof which the Director has determined to be a public nuisance pursuant to Section 6.56.190. The Director shall mail such Notice by registered or certified mail to the property owner and to the vehicle owner, unless the vehicle is in such condition that identification numbers are not available to determine vehicle ownership. The Director shall post a copy of the Notice upon or at the site of such vehicle or part.
(SCC 730 § 2, 1988)
The Notice required by Section 6.56.200 shall contain a statement of the hearing rights of the property owner and of the vehicle owner, in accordance with Section 6.56.230. Such statement shall include notice to the property owner that he or she may either appear in person at a hearing or submit a sworn written statement denying responsibility for the presence of the vehicle or part thereof on his or her land, with the reasons for such denial, in lieu of appearing.
The Notice shall specify the address of the real property where such vehicle or part is situated, a description identifying such vehicle or part, and the condition thereof found by the Director to constitute a public nuisance, the section(s) of this chapter found by the Director to have been violated, and state that either voluntary abatement thereof or request for a hearing must be made by the property owner or vehicle owner, in the manner prescribed by Section 6.56.230, within 10 days from the date of such Notice, and that the failure to so request such a hearing shall constitute waiver of the right thereof. Such notice shall specify that if the abatement is made by the County costs may be assessed against the property owner in accordance with Section 25845 of the Government Code, or, in the case of an abandoned vehicle, against the last registered owner of record, in accordance with Section 22524 of the Vehicle Code.
(SCC 730 § 2, 1988)
The Director shall not be required to issue Notice pursuant to Section 6.56.200, if:
a.
The
property owner and vehicle owner have each signed releases authorizing
removal and waiving further interest in the vehicle or part thereof;
or
b.
The
vehicle or part is:
i.
Inoperable
due to the absence of a motor, transmission or wheels; and
ii.
Is incapable of being towed; and
iii.
Is valued at less than $200 by a person specified in Section 22855
of the Vehicle Code; and
iv.
Is determined by the Director to be a public nuisance presenting
an immediate threat to public health or safety; and
v.
Is
located on a parcel that is either zoned for agricultural use or not
improved with a residential structure containing one or more dwelling
units; and
vi.
The property owner has signed a release authorizing removal and waiving
further interest in the vehicle or part.
(SCC 730 § 2, 1988)
Either within 10 days after the date of the Notice of Intention prescribed by Section 6.56.200 is mailed, or at the time of signing a release pursuant to Section 6.56.220(a) or (b)(vi), the property owner and/or the vehicle owner may request that a public hearing be held prior to removal of the vehicle or part thereof by the County. Such request shall be made in writing at the office of the Director, and, if mailed, shall be deemed timely if postmarked not later than the tenth (10th) day following the date such Notice of Intention was mailed.
If the property owner submits a sworn written statement pursuant to Section 6.56.210, denying responsibility for the presence of the vehicle or part on his or her land, within the 10 day period prescribed by this section, such statement shall be construed a request for hearing which does not require the presence of the property owner. If no request for hearing is received by the Director within the time prescribed by this section, the Director shall cause the vehicle or part to be removed and disposed of in the manner authorized by this chapter.
(SCC 730 § 2, 1988)
Whenever a hearing is requested in accordance with Section 6.56.230, the Director shall issue a Notice of Hearing before a Hearing Officer. The Notice of Hearing shall specify the time, date, place, and purpose of the hearing, and shall be served upon the requesting party either personally or by certified mail, return receipt requested, not less than five calendar days prior to the hearing date.
(SCC 730 § 2, 1988)
The County Executive shall be authorized to assign responsibility for conducting the hearings required from time to time by this chapter, to any person described by Section 4.02.095 of this Code.
(SCC 730 § 2, 1988)
Upon the date, and at the time and place, specified for hearing in the Notice of Hearing required by Section 6.56.240, the Hearing Officer shall proceed to hear the testimony of the Director, the requesting party, and any other competent persons respecting the condition of the vehicle or part constituting the subject of the hearing, and any other relevant facts concerning the matter. The property owner may either appear in person at the hearing or present a sworn written statement denying responsibility for the presence of the vehicle on his or her land, with the reasons for such denial.
During the hearing, the burden of proof shall rest with the
Director. The provisions of the California Administrative Procedure
Act (commencing with Section 11500 of the Government Code) shall not
be applicable to such hearings; nor shall formal rules of evidence
in civil or criminal judicial proceedings be so applicable.
(SCC 730 § 2, 1988)
Within seven days following the date on which the hearing is closed, the Hearing Officer shall issue a written decision which either affirms or reverses the Director's determination made pursuant to Section 6.56.190, and which contains findings of fact and conclusions. If the Hearing Officer affirms the Director's determination, such decision shall direct the property owner and/or vehicle owner to abate the nuisance within the time prescribed by this section. Such decision shall give notice that if the nuisance is not so abated it may be abated by the Director in such manner as the Director deems proper, and that the expense thereof may be made a lien against the real property involved, in accordance with Section 25845 of the Government Code, or, in the case of an abandoned vehicle, that such expense may be recovered from the last registered owner of record thereof, pursuant to Section 22524 of the Vehicle Code. Provided, however, that if the Hearing Officer has found that the vehicle or part constituting the nuisance was place upon the land without the consent of the property owner, and that the property owner has not subsequently acquiesced in its presence, the Director shall not assess such costs against the real property, or otherwise attempt to collect such costs from the property owner. The decision shall require that abatement of the nuisance by the property owner and/or vehicle owner be physically completed within five days after service of such decision or, in the alternative, within such time as the Director shall determine to be reasonable under all of the circumstances.
The decision shall refer to Chapter 1.06 of this Code, and shall inform the requesting party that the time for judicial review is governed by Section 1094.6 of the Code of Civil Procedure. Copies of the decision together with a copy of Chapter 1.06 of this Code shall be forthwith served upon the parties, either by personal delivery or by certified mail, return receipt requested. The decision shall be final without further right of administrative review when signed by the Hearing Officer and served as herein prescribed.
(SCC 730 § 2, 1988)
After a vehicle has been removed pursuant to this chapter, such
vehicle shall not 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.
(SCC 730 § 2, 1988)
The Director may dispose of a vehicle or part thereof under
this chapter by removal thereof to a licensed scrapyard, automobile
dismantler's yard, or other site authorized by Section 22662 of the
Vehicle Code.
(SCC 730 § 2, 1988)
Within five days following the date of removal of a vehicle
or part thereof under this chapter, the Director shall give notice
of such removal to the Department of Motor Vehicles, identifying the
vehicle or part, together with any evidence of registration obtained
by the Director, including, without limitation, the registration card,
certificate of ownership, or license plate.
(SCC 730 § 2, 1988)
Prior to final disposition of a vehicle described by Section 6.56.220(b), for which evidence of registration was recovered, the Director shall provide the vehicle owner with written Notice of Intent to dispose of the vehicle or part from a site authorized by Section 22662 of the Vehicle Code. Such Notice shall state that if the vehicle or part is not claimed and removed within 12 days following the date such Notice is mailed, final disposition shall proceed.
(SCC 730 § 2, 1988)
Except as otherwise provided by Section 6.56.270, if the property owner fails to pay, upon demand, the cost of abatement incurred by the County in the enforcement and administration of this chapter, such costs may be especially assessed against the real property involved, pursuant to Section 25845 of the Government Code. Such assessment shall be collected at the same time and in the same manner as are County ad valorem property taxes.
Cost of enforcement and administration of this chapter shall
include, but not be limited to, charges for each vehicle cited under
this ordinance, a towing fee for each vehicle towed pursuant to this
ordinance and a fee to cover the cost of Hearing Officer staff time
involved in hearings required by this chapter, inspection of vehicles
and other property, publication, mailing and posting of notices, conducting
hearings, processing appeals and pursuing any judicial action. Such
charges shall be established from time-to-time by resolution of the
Board of Supervisors and shall not exceed the actual cost of the County
of enforcement and administration of this chapter.
(SCC 730 § 2, 1988; SCC
0876 § 3, 1992)
In the case of any special assessment made pursuant to Section 6.56.320, the Director shall cause a Notice of Abatement Lien to be recorded in the Office of the County Recorder. Such Notice shall identify the property owner, or possessor of the property, his or her last known address of record, the date upon which abatement was ordered by the Hearing Officer, the date that the abatement was completed, a description of the real property subject to the lien, and the amount of the abatement costs.
(SCC 730 § 2, 1988)
The Director may release or subordinate an abatement lien imposed
under this chapter in the same manner as provided by law for release
or subordination of a judgment lien on real property.
(SCC 730 § 2, 1988)
Pursuant to Section 22524 of the Vehicle Code, the Director
shall be authorized to seek recovery of costs incurred by the County
for the removal and disposition of an abandoned vehicle from the last
registered owner thereof.
(SCC 730 § 2, 1988)
Civilian employees of the Department of Planning and Community Development of the County of Sacramento are hereby authorized, in addition to any other persons so authorized, to enforce the provisions of Chapter 10.24 of Title 10 of this code regarding parking regulations. The administrative procedures established by this chapter shall not apply to enforcement of such regulations. Instead, the purposes of Section 10.24.150 of said chapter, the Department of Planning and Community Development shall establish procedures which conform to the requirements of Chapters 9 and 10 of Division 11 of the Vehicle Code of the State of California.
(SCC 0876 § 4, 1992)
Pursuant to Government Code Section 25485.5, upon entry of a
second or subsequent civil or criminal judgment within a two-year
period, finding that an owner is responsible for a condition that
may be abated pursuant to Government Code Section 25845, a court might
order the owner to pay treble the cost of the abatement.
(SCC 0876 § 5, 1992)
