Vehicle Abatement
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Vehicle Abatement
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Tehama County Vehicle Abatement (Adopted July 26, 2004) ORDINANCE NO. 1821 AN ORDINANCE OF THE BOARD OF SUPERVISORS OF THE COUNTY OF TEHAMA ESTABLISHING PROCEDURES FOR THE ABATEMENT, REMOVAL, AND DISPOSAL, AS PUBLIC NUISANCES, OF ANY ABANDONED, WRECKED, DISMANTLED, OR INOPERATIVE VEHICLES OR PARTS THEREOF FROM PRIVATE OR PUBLIC PROPERTY IN TEHAMA COUNTY. THE BOARD OF SUPERVISORS OF THE COUNTY OF TEHAMA hereby ordains as follows: SECTION 1. Chapter 9.02 is hereby added to the Tehama County Code to read as follows: Chapter 9.02 VEHICLE ABATEMENT Sections:
9.02.010 Abandoned Vehicles and Nuisances. 9.02.020 Definitions. 9.02.030 Exceptions. 9.02.040 Nonexclusivity of Regulation. 9.02.050 Officer Designated. 9.02.060 Authority of Private Contractor. 9.02.070 Administrative Costs. 9.02.080 Authority of Vehicle Abatement Officer. 9.02.090 Abatement Notice of Intention. 9.02.100 Public Hearing – Requested. 9.02.110 Public Hearing – Procedure, Action. 9.02.120 Vehicle Disposal. 9.02.130 Notice to Department of Motor Vehicles. 9.02.140 Cost Recovery. 9.02.150 Liability of Registered Owner. 9.02.160 Severance. 9.02.010. Abandoned Vehicles as Nuisances. In addition to and in accordance with the determination made and the authority granted by the State of California under Vehicle Code sections 22660, 22661, and 22710 to remove abandoned, wrecked, dismantled, or inoperative vehicles or parts thereof as public nuisances, the Board of Supervisors of the County of Tehama makes the following findings and declaration: The accumulation and storage of abandoned, wrecked, dismantled, or inoperative vehicles or parts thereof on private or public property creates 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, to be injurious to the health, safety, and general welfare of the residents of Tehama County. Therefore, the presence of an abandoned, wrecked, dismantled or inoperative vehicle or parts thereof, on private or public property, except as expressly permitted in this chapter constitutes a public nuisance which may be abated as such in accordance with the provisions of this Ordinance. 9.02.020. Definitions. As used in this Chapter, the following words and phrases are defined as set out in this section: A. “Highway” means a way or place of whatever nature, publicly maintained and opened to the use of the public for purposes of vehicular travel. Highway includes street. B. “Owner of the land” means the owner of the land on which the vehicle, or parts thereof, is located, as shown on the last equalized assessment roll. C. “Owner of the vehicle” means the last registered owner and legal owner of record. D. “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. “Vehicle” does not include operational farm equipment located on land primarily used for agricultural purposes. 9.02.030. Exceptions. This chapter shall not apply to: A. A vehicle, or part thereof, which is completely enclosed within a building in a lawful manner where it is not visible from the highway or other public or private property. B. 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, or a junkyard; and C. Nothing in this section authorizes the maintenance of a public or private nuisance as defined under provision of law other than Chapter 10 (commencing with Section 22650), Division 11 of the Vehicle Code and this Chapter. 9.02.040. Nonexclusivity of Regulation. This chapter is not the exclusive regulation of abandoned, wrecked, dismantled, or inoperative vehicles within the city and/or county. It shall supplement and be in addition to the other regulatory codes, statutes, and ordinances heretofore enacted by this County, the State, or any other legal entity or agency having jurisdiction. 9.02.050. Officer Designated. Except as otherwise provided in this Chapter, the provision of this Chapter shall be administered and enforced by the vehicle abatement officer(s) as designated by the Board of Supervisors of the County of Tehama. In the enforcement of this Chapter, such officers and deputies may enter upon private property to examine a vehicle, or parts thereof, obtain information as to the identity of a vehicle, and remove or cause the removal of a vehicle or part thereof declared to be a nuisance pursuant to this Chapter. 9.02.060. Authority of Private Contractor. When the Board of Supervisors has contracted with or granted a franchise to any person or persons to remove vehicles pursuant to this Chapter, such person or persons shall be authorized to 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. 9.02.070. Administrative Costs. 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 part thereof) under this Chapter. 9.02.080. Authority of Vehicle Abatement Officer. Upon discovering the existence of an abandoned, wrecked, dismantle or inoperable vehicle, or parts thereof, on private or public property anywhere within the County of Tehama, the vehicle abatement officer shall have the authority to cause the abatement and removal thereof in accordance with the procedure described in this Chapter. 9.02.090. Abatement: Notice of Intention. A. A ten day notice of intention to abate and remove the vehicle or part thereof as a public nuisance shall be mailed, by registered or certified mail, to the owner of the land as shown on the last equalized assessment roll and to the last registered and legal owners of the vehicle unless the vehicle is in such condition that identification numbers are not available to determine ownership. The notice shall contain a statement of hearing rights of the owner of the property on which the vehicle is located and of the owner of the vehicle. The statement shall include notice to the property owner that he or she may appear in person at a hearing or may submit a sworn written statement denying responsibility for the presence of the vehicle on the land, with his or her 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 vehicle abatement officer to constitute a public nuisance, the section(s) of this Chapter found by the vehicle abatement officer 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 9.02.100, 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 Government Code section 25845, or, in the case of a vehicle abandoned without the express or implied consent of the property owner, against the last registered owner of record, in accordance with Vehicle Code section 22524. B. A notice of intention t abate shall not be required if (1) the property owners of the vehicle have signed releases authorizing removal and waiver further interest in the vehicle or parts thereof, or (2) all the following conditions are satisfied:
C. If a vehicle is removed pursuant to subdivision (2), prior to final disposition, the registered or legal owner shall be notified of the intent to dispose of the vehicle or parts thereof. If the vehicle or part thereof is not claimed and removed from the scrap yard, automobile dismantler’s yard or public disposal area within 12 days after the notice to dispose of vehicle is mailed, final disposition may proceed. 9.02.100. Public Hearing - Requested. Upon request by the owner of the vehicle or owner of the land received by the vehicle abatement officer within 10 days after the mailing of the notices of intention to abate and remove, a public hearing shall be held by the Board of Supervisors 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 cost of removal of the vehicle, or parts thereof, against the property on which it is located or against the registered owner of the vehicle. If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle on his/her land within such 10-day period, said statement shall be construed as request for a hearing which does not require his/her presence. Notice of the hearing shall be mailed, by registered mail, at least 10 days before the hearing to the owner of the land and to the owner of the vehicle, unless the vehicle is in such condition that identification of numbers are not available to determine ownership. If such a request for hearing is not received within said 10 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 public nuisance without holding a public hearing. 9.02.110. Public Hearing – Procedure, Action. All hearings under this Chapter shall be held before the Board of Supervisors which shall hear all facts and testimony deemed pertinent. Said facts and testimony may include testimony on the condition of the vehicle, or part thereof, and the circumstances concerning the vehicle’s location on the private property or public property. The Board of Supervisors 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 reasons for such denial. The Board of Supervisors may impose such conditions and take such other action as it deems appropriate under the circumstances to carry out the purpose of this Chapter. This may delay the time for removal of the vehicle, or part thereof, if, in the opinion of the hearing officer, the circumstances justify the delay. At the conclusion of the public hearing, the Board of Supervisors may find that a vehicle, or part thereof, has been abandoned, wrecked, dismantled or is inoperative on private or public property, and by resolution 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. If it is determined at the hearing that the vehicle was placed on the land without the consent of the landowner and that he/she has not subsequently acquiesced in its presence, the Board of Supervisors 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. If an interested party makes a written presentation to the Board of Supervisors, but does not appear, he/she shall be notified in writing of the decision. 9.02.120. Vehicle Disposal. Five days after adoption of the order declaring the vehicle or parts thereof to be a public nuisance or five days from the date of mailing of notice of the decision, as required by section 9.02.110, whichever date is later, 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 unless it is a vehicle which qualifies for either horseless carriage license plates or historical vehicle plates pursuant to Vehicle Code section 5004, in which case the vehicle may be reconstructed or made operable. 9.02.130. Notice to Department of Motor Vehicles. Within five days after the date of removal of the vehicle or parts thereof, notice shall be given to the Department of Motor Vehicles by the persons authorized to remove the vehicle 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 of title, and license plates. 9.02.140. Cost Recovery. If the administrative costs and the costs of removal which are charged against the owner of a parcel of land pursuant to section 9.02.110 are not paid within 30 days of the date of the order, such costs shall be assessed against the parcel of land pursuant to Government Code section 25845, and shall be transmitted to the Tehama County Tax Collector for collection. Said assessment shall have the same priority as other county taxes. An abatement lien shall be recorded as provided in Government Code section 25845, subdivision (e). 9.02.150. Liability of Registered Owner. If the administrative costs and the costs of removal are not charged against the owner of the land on which the vehicle is located, the presence of the vehicle thereon shall constitute a prima facie presumption that the last registered owner of record, having failed to comply with the provisions of the Vehicle Code section 5900, is responsible for abandoning the vehicle without the express or implied consent of the owner or person in lawful possession or control of the property and is thereby liable for the costs of removal and disposition of the vehicle under Vehicle Code sections 22523 and 22524. Such costs may be collected by appropriate civil action in the name of the County. 9.02.160. Severance. Should any section, subsection, paragraph, clause or phrase in this Chapter for any reason be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this Chapter. SECTION 2. This ordinance shall take effect thirty (30) days from the date of its adoption, and prior to the expiration of fifteen (15) days from the adoption thereof shall be published at least one time in the Red Bluff Daily News, a newspaper of general circulation in Tehama County. The foregoing ordinance was duly passed and adopted by the Board of Supervisors of the County of Tehama, State of California, at a regular meeting of the Board of Supervisors on the 20th day of July, 2004 by the following votes: AYES: Supervisors Borror, Russell, McIver and Turner NOES: None ABSENT OR NOT VOTING: Supervisor Willard ____________________________ CHAIRMAN, Board of Supervisors STATE OF CALIFORNIA ) ) ss COUNTY OF TEHAMA ) I, MARY ALICE GEORGE, County Clerk and ex-officio Clerk of the Board of Supervisors of the County of Tehama, State of California, hereby certify the above and foregoing to be a full, true and correct copy of an ordinance adopted by said Board of Supervisors on the 20th day of July, 2004. DATED: This 26th day of July, 2004. MARY ALICE GEORGE, County Clerk and ex-officio Clerk of the Board of Supervisors of the County of Tehama, State of California. By ________________________________ Deputy
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Red Bank Oaks Property Owners' Association
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