In addition to and in accordance with the determination made
and the authority granted by the state under Section 22660 of the
Vehicle Code to remove abandoned, wrecked, dismantled or inoperative
vehicles or parts thereof as public nuisances, the board of supervisors
makes the following findings and declarations: The accumulation and
storage of abandoned, wrecked, dismantled or inoperative vehicles
or parts thereof on private or public property not including highways
is 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 harborage
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 or part thereof, on private or public
property not including highways, except as expressly permitted in
this chapter, is declared to constitute a public nuisance which may
be abated as such in accordance with the provisions of this chapter.
(Ord. 6 § 10, 1983)
A.
This
chapter shall not apply to:
1.
A
vehicle or part thereof 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
2.
A
vehicle or part thereof 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.
B.
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 chapter.
C.
Nothing
in this chapter shall authorize the maintenance of a junkyard, scrap
metal processing facility or used car junk area in any zone other
than as provided for in Division 8, Chapter 1 of the county code.
(Ord. 6 § 10, 1983)
This chapter 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.
(Ord. 6 § 10, 1983)
As used in this chapter:
means a way or place of whatever nature, publicly maintained
and open to the use of the public for purposes of vehicular travel.
does not include "highway."
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.
(Ord. 6 § 10, 1983)
Except as otherwise provided in this chapter, the provisions
of this chapter shall be administered and enforced by the director
of building and safety. In the enforcement of this chapter such officer
and representatives may enter upon private or public property 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 part
thereof declared to be a nuisance pursuant to this chapter.
(Ord. 6 § 10, 1983)
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 or parts thereof declared to
be a nuisance pursuant to this chapter.
(Ord. 6 § 10, 1983)
The board of supervisors shall from time to time by resolution
determine and fix an amount to be assessed as administrative costs
under this chapter and the cost of removal of the vehicle or part
thereof.
(Ord. 6 § 10 (part), 1983)
A.
A public
hearing shall be held on the question of abatement and removal of
the vehicle or part thereof as an abandoned, wrecked, dismantled or
inoperative vehicle and on the question of the assessment of the administrative
costs and the cost of removal of the vehicle or part thereof against
the property on which it is located. The notice of hearing shall indicate
the hearing is to resolve the questions of such abatement and assessment.
Such notice shall be mailed at least 10 days before the hearing by
certified mail, with a five day return requested, to the owner of
the land as shown on the last equalized county assessment roll and
to the last registered and legal owner of record of the vehicle, unless
the vehicle is in such condition that identification numbers are not
available to determine ownership. In addition, such notice shall be
posted on the vehicle itself for at least 10 days before the hearing.
Such 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. Such notice shall contain a statement to the owner
of the property that he may appear in person at the hearing or may
present a written statement in time for consideration at the hearing
and deny responsibility for the presence of the vehicle on the land,
with his reasons for such denial. If any of the foregoing notices
are returned undelivered by the United States Post Office, the hearing
shall be continued to a date not less than 10 days from the date of
such return.
B.
Notice
of hearing shall also be given to the California Highway Patrol identifying
the vehicle or part thereof proposed for removal, such notice to be
mailed at least 10 days prior to the public hearing.
(Ord. 6 § 10 (part), 1983)
A.
All
hearings under this chapter shall be held before the hearing board
which shall hear all facts and testimony it deems pertinent. The facts
and testimony may include testimony on the condition of the vehicle
or part thereof and the circumstances concerning its location on the
said private property or public property. The board shall not be limited
by the technical rules of evidence. The owner of the land on which
the vehicle is located may appear in person at the hearing or present
a written statement in time for consideration at the hearing, and
deny responsibility for the presence of the vehicle on the land, with
his reasons for such denial.
B.
The
hearing board may impose such conditions and take such other action
as it deems appropriate under the circumstances to carry out the purpose
of this chapter. It may delay the time for removal of the vehicle
or part thereof if, in its opinion, the circumstances justify it.
At the conclusion of the public hearing it may find that a vehicle
or 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 provided in this
chapter 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 or part thereof is located. The order requiring removal shall
include a description of the vehicle or part thereof and the correct
identification number and license number of the vehicle, if available
at the site.
C.
If
it is determined at the hearing that the vehicle was placed on the
land without the consent of the land owner and that he has not subsequently
acquiesced in its presence, the hearing board 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 land owner.
D.
If
an interested party makes a written presentation to the hearing board
but does not appear, he shall be notified in writing of the decision.
E.
For
the purpose of this chapter, the hearing board shall be the planning
commission.
(Ord. 6 § 10 (part), 1983)
A.
Any
interested party may appeal the decision of the hearing board by filing
a written notice of appeal with the clerk of the board of supervisors
within five days after a decision by the hearing board.
B.
Such
appeal shall be heard by the board of supervisors which may affirm,
amend or reverse the order or take other action deemed appropriate.
C.
The
clerk of the board of supervisors shall give written notice of the
time and place of the hearing to the appellant and those persons specified
in this chapter.
D.
In
conducting the hearing, the board of supervisors shall not be limited
by the technical rules of evidence.
(Ord. 6 § 10 (part), 1983)
A.
Five days after adoption of the order declaring the vehicle or parts thereof to be a public nuisance, five days from the date of mailing of notice of the decision if such notice is required by Section 10.12.090 of this chapter or 15 days after such action of the board of supervisors authorizing removal following appeal, the vehicles or parts thereof may be disposed of by removal to a junkyard, used car junk area, or automobile dismantler's yard. After a vehicle has been removed it shall not thereafter be reconstructed or made operable.
B.
Within
five days after the date of removal of the vehicle or part thereof,
notice shall be given to the Department of Motor Vehicles identifying
the vehicle or part thereof removed. At the same time there shall
be transmitted to the Department of Motor Vehicles any evidence of
registration available, including registration certificates, certificate
of title and license plates.
(Ord. 6 § 10 (part), 1983)
If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to Section 10.12.090 of this chapter 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 Section 38773.5 of the Government Code. The assessment shall have the same priority as other county taxes.
(Ord. 6 § 10 (part), 1983)
