A. The
provisions of this article are intended to provide a procedure for
the abatement of abandoned, wrecked, dismantled or inoperative vehicles,
or parts thereof, and are enacted under the authority granted by the
State of California, under Section 22660 of the
Vehicle Code.
B. It
is the intent of the Board of Supervisors to provide that the abatement
of public nuisances consisting of abandoned, wrecked, dismantled and
inoperative vehicles may be carried on either concurrently with or
separately from the abatement of other conditions, if any, constituting
a public nuisance on any premises within the County, as deemed appropriate
under the circumstances.
(SCC 0982 § 1, 1995; SCC
1578 § 16, 2015)
The alternative procedure specified in Article VI shall be used
in the case of a nuisance which consists solely of abandoned, wrecked,
dismantled or inoperative vehicle(s) or parts thereof.
(SCC 0982 § 1, 1995)
When the involved department head determines pursuant to his or her inspection conducted according to Section
16.18.202 of this Code, that the conditions existing on the premises constituting a violation of the provisions of this Code are the result of the existence on said premises of any abandoned, wrecked, dismantled or inoperative vehicle(s), or the parts thereof, the department head may do the following:
A. Issue
a notice of intention to abate and remove the vehicle(s) or parts
thereof as a public nuisance, directed to the owner of the premises
on which the vehicle(s) or parts thereof are located and the owner
of the vehicle(s) or parts thereof. This notice shall contain:
1. The
street address and such other description as is required to identify
the premises on which the vehicle(s) or parts thereof is located.
2. The
identity of the vehicle(s) or parts thereof to be abated.
3. A
statement that the department head has found the vehicle(s) or parts
thereof to be a public nuisance as specified in this Code with a special
citation to the applicable section hereof, and to other sections of
the County Code if applicable, including sufficient detail to provide
the owner with information as to the conditions constituting the alleged
nuisance.
4. A
statement of the action required to be taken as determined by the
department head, and that such action is to be completed within 10
days after the mailing of the notice.
5. A
statement providing for a hearing by the hearing examiner upon written
request to the department head by the owner of the premises on which
the vehicle(s) or parts thereof are located or by the owner of the
vehicle(s) or parts thereof within 10 days after the mailing of the
notice of the existence of a public nuisance on the premises.
6. A
statement that failure either to take the action required or to request
a hearing within the applicable 10 day period shall be deemed a waiver
of such rights, and that the department head may proceed to abate
the nuisance.
7. A
statement advising that, pursuant to
Government Code Section 25845,
the County intends to seek recovery of attorneys' fees incurred as
part of the summary abatement costs.
B. The
notice shall be sent certified mail, postage prepaid, to the owner
of the premises as shown on the latest equalized assessment roll of
the County of Sacramento using such address as may be shown by said
assessment roll or such other address as may be known by the department
head and to the last registered and legal owner(s) of record, unless
the vehicle(s) or parts thereof is in such condition that identification
numbers are not available to determine ownership.
C. Upon
issuance of the notice, the department head may provide additional
notice by posting a copy thereof conspicuously on the vehicle(s) or
parts thereof to be abated.
(SCC 0982 § 1, 1995; SCC
1066 § 4, 1997; SCC 1578 § 17,
2015)
The notice shall include therein the following statement on
the copy of the notice sent to the owner of the premises:
"As to any vehicle(s) or parts thereof listed herein, you may
file with the hearing examiner a sworn written statement denying responsibility
for the presence on your property of the vehicle(s) or parts thereof
listed, together with your reasons for such denial.
This statement shall be construed as a request for a hearing
by you which you need not attend. At the hearing, your statement will
be considered by the hearing examiner in determining whether the cost
of removing said vehicle(s) or parts thereof will be assessed against
your property as a lien in the event that removal of the vehicle(s)
or parts thereof are undertaken by the County.
You need not file a sworn statement if you intend to attend
the hearing, but you may do so if you wish. Such sworn statement will
be considered only as to vehicle(s) or parts thereof, and will not
be considered as to the existence of any other condition on your property
which may be found to constitute a nuisance in this or any other proceeding."
(SCC 0982 § 1, 1995)
Whenever the owner of the premises on which the vehicle(s) or
parts thereof is located or the owner of the vehicle(s) or parts thereof
requests a hearing (hereinafter called "requesting party"), the department
head shall issue a hearing notice to the requesting party allowing
that party to appear before a hearing examiner to show cause why the
vehicle(s) or parts thereof is not a public nuisance and should not
be abated by the County. The hearing notice shall be served upon the
requesting party either personally or by mailing a copy of such notice
by certified mail, postage prepaid, return receipt requested, not
less than five calendar days prior to the hearing date.
(SCC 0982 § 1, 1995)
At the time fixed in the notice required by Section
16.18.605, the hearing examiner shall proceed to hear the testimony of the department head, requesting party, and other competent persons regarding the condition of the vehicle(s) or parts thereof and other relevant facts concerning the matter.
(SCC 0982 § 1, 1995)
A. If
it is shown by a preponderance of all the evidence that the condition
of the vehicle(s) or parts thereof constitute a violation of this
Code, the decision of the hearing examiner shall be in writing and
shall contain findings of fact and a determination of the issues presented.
The hearing examiner shall issue an order that the vehicle(s) or parts
thereof are a public nuisance and direct the owner to abate the nuisance,
and that if the nuisance is not abated, it may be abated by the County
in such manner as may be ordered by the department head and the expense
thereof may be made a lien on the property involved, unless the hearing
examiner has found that the owner of the premises is not responsible
for the presence of the vehicle(s) or parts thereof on his property.
The order shall identify the abandoned, wrecked, dismantled or inoperative
vehicle(s), or parts thereof, to be abated. The order shall require
that abatement of the nuisance be physically completed five days after
issuance of the order or, in the alternative, within such time as
the department head shall determine to be reasonable under all of
the circumstances.
B. The
decision shall also inform the requesting party that the time for
judicial review is governed by California
Code of Civil Procedure
Section 1094.6. Copies of the decision shall be forthwith delivered
to the parties personally or sent to them by certified mail. The decision
shall be final when signed by the hearing examiner and served as herein
provided.
C. The
decision shall state that the prevailing party may seek recovery of
attorneys' fees.
(SCC 0982 § 1, 1995; SCC
1066 § 5, 1997; SCC 1578 § 18,
2015)
In the event the department head shall determine that the owner or person in possession of premises which have been declared a nuisance and ordered abated according to the provisions of this Code, in whole or in part because of the existence thereof of any abandoned, wrecked, dismantled, or inoperative vehicle, or parts thereof, has removed from said premises the vehicle or vehicles or parts thereof specifically identified and ordered abated by the department head in his or her notice issued pursuant to Section
16.18.605, and has caused or permitted another vehicle or other vehicles, or parts thereof, to replace those removed or ordered removed, the department head shall:
A. Notify
the owner of the premises that said act is in violation of the notice
of the department head, and order the owner to remove such vehicle(s)
or parts thereof; and
B. Notify
County Counsel of the violation. County Counsel shall have recourse
to and is hereby authorized to use every remedy provided by law to
prevent the owner of the premises from placing or causing to be placed
upon the premises any abandoned, wrecked, dismantled or inoperative
vehicle, or parts thereof.
(SCC 0982 § 1, 1995; SCC
1578 § 19, 2015)
The provisions of this article shall not apply to any vehicle(s)
or parts thereof which:
A. 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
B. Is
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, provided such business is not unsightly or otherwise
detrimental to the public health, safety or welfare.
(SCC 0982 § 1, 1995; SCC
1578 § 20, 2015)
No person shall abandon a vehicle upon public or private property
without the express or implied consent of the owner or person in lawful
possession or control of the property. Violation of this section shall
be a misdemeanor.
(SCC 0982 § 1, 1995)
Notwithstanding any other provision of this Code, the costs of abating any inoperative, dismantled or abandoned vehicle, or parts thereof, including the actual tow costs, attorneys' fees, plus an administrative fee covering direct and indirect overhead to be set by resolution of the Board of Supervisors, is the joint and several personal obligation of the property owner and the last registered owner; provided, however, that a property owner who establishes lack of responsibility for the presence of the vehicle or parts on the property as permitted by Sections
16.18.604 and
16.18.607 shall not be personally liable for the costs; and provided, further, that a last registered owner who can satisfy the requirements of
Vehicle Code Section 22524(b) shall not be personally liable for the costs. The director shall take the appropriate steps to collect the costs from those who are liable.
(SCC 0982 § 1, 1995; SCC
1066 § 6, 1997)