CHAPTER 9. ABANDONED VEHICLES

4-09-1000 DECLARATION OF NUISANCE:

Pursuant to the determination made and the authority granted by the State Legislature under sections 22660-22664 of the Vehicle Code of the State of California to remove abandoned, wrecked, dismantled or inoperative vehicles or parts thereof from private and public property as public nuisances, the Board of Supervisors hereby 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 hereby 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 hereinafter permitted, is hereby declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this Chapter.

4-09-1005 DEFINITIONS:

Except where the context otherwise requires, the following definitions shall govern the construction of this Chapter:

(a)    "Administrative Costs" means the costs to the County of performing the acts required under this Chapter, except the actual removal of the vehicle. The Board of Supervisors shall from time to time, by resolution, determine the administrative costs for the removal of each vehicle removed by the County if the vehicle is removed without administrative review pursuant to section 4-09-1045 of this Chapter. In those cases in which the Planning and Development Director conducts administrative review pursuant to section 4-09-1050 of this Chapter, he or she shall fix and determine the administrative costs which shall be the actual costs to the County of performing all of the acts pertaining to the specific vehicle which is the subject of the administrative review except the actual removal of the vehicle.

(b)    "Cost of Removal" means the actual cost to the County of having the vehicle removed. The Board of Supervisors shall from time to time, by resolution, determine the cost of removal.

(c)    "Highway" means a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. The term "highway" includes streets.

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

(e)    "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. The term "vehicle" also includes any part or portion of a vehicle which is less than a whole vehicle, and all of the provisions of this Chapter apply to a part or portion of a vehicle which is less than a whole vehicle.

(Amended by Ord. No. 3559, effective 6-20-19)

4-09-1010 EXCEPTIONS:

This Chapter shall not apply to either of the following:

(a)    A vehicle which is completely enclosed within a building in a lawful manner so that it is not visible from the street or other public or private property.

(b)    A vehicle 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 junk yard, or when such storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise.

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 of the State of California and this Chapter.

4-09-1015 OTHER LAWS AND ORDINANCES:

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

4-09-1020 ENFORCEMENT: PLANNING AND DEVELOPMENT DIRECTOR:

Except as otherwise provided herein, the provisions in this Chapter shall be administered and enforced by the Planning and Development Director and the employees in his or her department or other persons authorized by him or her to administer and enforce this Chapter.

(Amended by Ord. No. 3559, effective 6-20-19)

4-09-1025 ENTERING PROPERTY:

(a)    The Planning and Development Director, the employees in his or her department and other persons authorized by him or her may enter upon private or public property to examine a vehicle and to obtain information as to the ownership and identity of a vehicle when enforcing this Chapter.

(b)    If the County enters into a contract with any person to remove or cause the removal of vehicles which have been declared to be public nuisances pursuant to this Chapter, such person may enter upon private or public property to remove such vehicles.

(c)    Any person who in any way denies, obstructs, or hampers the entrance of the persons mentioned in this section upon private or public property to carry out the aforementioned duties, or who denies, obstructs or hampers the performance of such duties by such persons after they have entered the property shall be guilty of an infraction and shall be punishable as provided in section 125 of this Code.

(Amended by Ord. No. 3559, effective 6-20-19)

4-09-1030 VOLUNTARY COMPLIANCE:

If it appears to the Planning and Development Director that an abandoned, wrecked, dismantled or inoperative vehicle is located on private or public property, he or she may follow such administrative procedures to secure voluntary removal of such vehicle as appear advisable in each individual case prior to giving a notice of intention to abate pursuant to section 4-09-1035 of this Chapter.

(Amended by Ord. No. 3559, effective 6-20-19)

4-09-1035 NOTICE OF INTENTION TO ABATE:

If the Planning and Development Director cannot secure voluntary removal of the vehicle, pursuant to section 4-09-1030 of this Chapter, he or she shall give written notice of intention to abate and remove the vehicle. The notice shall contain a statement of the administrative review 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 the administrative review or may submit a sworn written statement denying responsibility for the presence of the vehicle on the land with the reasons for such denial, in lieu of appearing. The notice of intention to abate shall be mailed, by 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 record of the vehicle unless the vehicle is in such condition that identification numbers are not available to determine ownership.

(Amended by Ord. No. 3559, effective 6-20-19)

4-09-1040 REQUEST FOR ADMINISTRATIVE REVIEW:

The registered or legal owner of the vehicle or the owner of the land on which the vehicle is located may request administrative review on the question of abatement and removal of the abandoned, wrecked, dismantled or inoperative vehicle and on the question of assessment of the administrative costs and cost of removal against the property on which it is located. Such request for administrative review shall be in writing and shall be filed with the Planning and Development Director not more than ten (10) days after the date on which the notice of intention described in section 4-09-1035 of this Chapter was mailed by the Planning and Development Director. If the owner of the land on which the vehicle is located filed with the Planning and Development Director a sworn statement denying responsibility for the presence of the vehicle on his or her land within said ten (10) day period, said statement shall be construed as a request for administrative review which does not require the presence of the owner submitting such request.

(Amended by Ord. No. 3559, effective 6-20-19)

4-09-1045 FAILURE TO REQUEST ADMINISTRATIVE REVIEW: REMOVAL: COSTS:

If no administrative review is requested within the time limit specified in section 4-09-1040 of this Chapter, the Planning and Development Director shall cause the vehicle to be removed and taken to a junk yard, automobile dismantling yard or refuse disposal site. Except as otherwise provided in section 4-09-1090 of this Chapter, the owner shall be required to pay the administrative costs and the cost of removal, as determined by the Board of Supervisors in accordance with section 4-09-1005 of this Chapter. The Planning and Development Director shall send a request for payment of said costs to the owner of the property by regular mail and if the owner does not pay the said costs within thirty (30) days after the date on which the letter was mailed, the procedure set forth in subsection (c) of section 4-09-1085 of this Chapter shall be followed.

(Amended by Ord. No. 3559, effective 6-20-19)

4-09-1050 ADMINISTRATIVE REVIEW:

If administrative review has been requested in accordance with the provisions of section 4-09-1040 of this Chapter, such review shall be conducted on the question of abatement and removal of a vehicle as an abandoned, wrecked, dismantled or inoperative vehicle and the assessment of the administrative costs and cost of removal against the property on which it is located. The Planning and Development Director or designee shall cause notices of the time and place of the administrative review to be sent by regular mail to the owner of the land as shown on the last equalized County assessment roll, and to the last registered and legal owners of record of the vehicle unless the vehicle is in such condition that identification numbers are not available to determine ownership. Said notices shall be mailed at least ten (10) days before the date of the review.

(Amended by Ord. No. 3559, effective 6-20-19)

4-09-1055 CONDUCT OF ADMINISTRATIVE REVIEW:

The administrative review under this Chapter shall be conducted by the Planning and Development Director or designee. The administrative review officer shall consider all pertinent information offered by all interested persons, including on the condition of the vehicle and the circumstances concerning its location on private property or public property. The owner of the land on which the vehicle is located may appear in person at the review or may submit a sworn written statement for consideration at the review. The owner of the land may deny responsibility for the presence of the vehicle on the land, with his or her reasons for such denial.

(Amended by Ord. No. 3559, effective 6-20-19)

4-09-1060 DECISION BY ADMINISTRATIVE REVIEW OFFICER:

(a)    At the conclusion of the administrative review, the administrative review officer may find that a vehicle 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. He or she may also determine the amount of the administrative costs, in accordance with sections 4-09-1005 and 4-09-1090 of this Chapter, and may determine that all or a portion of the administrative costs and the cost of removal are to be charged against the owner of the land on which the vehicle is located.

(b)    If it is determined by the administrative review officer that the vehicle was placed on the land without the consent of the landowner and that the landowner has not subsequently acquiesced in its presence, the administrative review officer shall not assess administrative costs or the cost of removal of the vehicle against the property upon which the vehicle is located or otherwise attempt to collect such costs from such landowner.

(c)    The administrative review officer may impose such conditions and take such other action as he or she deems appropriate under the circumstances to carry out the purposes of this Chapter. He or she may delay the time for removal of the vehicle if, in his or her opinion, the circumstances justify it.

(d)    The administrative review officer shall give written notice of his or her decision to all of the interested persons to whom the notice of administrative review was mailed.

(Amended by Ord. No. 3559, effective 6-20-19)

4-09-1065 APPEAL:

Within ten (10) days after notice of the decision of the administrative review officer has been mailed to the interested parties, any person affected by the decision may file with the Clerk of the Board of Supervisors a written notice of appeal from said decision to the County Hearing Officer, as provided by Chapter 31 of Part I of this Code.

(Amended by Ord. No. 3559, effective 6-20-19)

4-09-1070 REMOVAL OF VEHICLE:

(a)    At any time after the administrative review officer orders an abandoned, wrecked, dismantled or inoperative vehicle to be removed, pursuant to section 4-09-1060 of this Chapter, any interested party may cause such vehicle to be removed. If the administrative review officer has assessed administrative costs and the cost of removal against the property on which the vehicle is located, and the vehicle is voluntarily removed without cost to the County, only the administrative costs shall thereafter be collected from the owner of the land.

(b)    If no appeal has been filed, and the vehicle has not been removed within ten (10) days, after the notice of the decision of the administrative review officer was mailed to the interested parties, the Planning and Development Director shall cause the vehicle to be removed and taken to a junk yard, automobile dismantling yard or refuse disposal site.

(c)    If an appeal has been filed, and the vehicle has not been removed within ten (10) days after the notice of the decision of the County Hearing Officer was mailed to the interested parties, the Planning and Development Director shall cause the vehicle to be removed and taken to a junk yard, automobile dismantling yard or refuse disposal site.

(Amended by Ord. No. 3559, effective 6-20-19)

4-09-1075 RECONSTRUCTION OF VEHICLES:

After a vehicle has been removed pursuant to the provisions of this Chapter, 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 license plates, pursuant to section 5004 of the Vehicle Code of the State of California, in which case the vehicle may be reconstructed or made operable.

4-09-1080 NOTICE TO DEPARTMENT OF MOTOR VEHICLES:

Within five (5) days after the date of removal of the vehicle pursuant to the provisions of this Chapter, the Planning and Development Director shall give notice of the removal to the Department of Motor Vehicles of the State of California identifying the vehicle removed and transmit to said Department any evidence of registration available, including, but not limited to, the registration card, certificates of ownership and license plates.

4-09-1085 COLLECTION OF COSTS:

(a)    If the Planning and Development Director has caused the vehicle to be removed from the property and he or she has assessed administrative costs and the cost of removal against the owner of the property on which the vehicle is located, he or she shall mail a notice to the owner of the property of the total costs to be paid by the owner of the property.

(b)    If any interested party has caused the vehicle to be removed from the property without cost to the County, and the Planning and Development Director has previously assessed administrative costs and the cost of removal against the owner of the property on which the vehicle is located, the Planning and Development Director shall mail a notice to the owner of the property of the administrative costs to be paid by the owner of the property.

(c)    If the costs referred to in subsections (a) and (b) of this section are not paid within thirty (30) days after the date on which the notice referred to therein is mailed to the owner of the property, the Board of Supervisors may direct the County Auditor to place the unpaid costs on the County tax roll as a special assessment against the property, or placed on the unsecured roll, pursuant to section 25845 of the Government Code of the State of California.

(Amended by Ord. No. 3559, effective 6-20-19)

4-09-1090 COSTS: PAYMENT BY STATE:

(a)    The Board of Supervisors may, from time to time, enter into agreements with the State of California, through the California Highway Patrol, or such other agency of the State as shall be designated by the State, providing that the State shall pay all, or any portion, of the administrative costs and cost of removal. The Board of Supervisors shall, from time to time, determine by resolution whether such payment agreed upon is sufficient to pay all, or only a portion, of said costs.

(b)    The amount assessed against an owner of land pursuant to sections 4-09-1060 and 4-09-1085 of this Chapter shall be limited to the portion found by the Board of Supervisors to be not covered by such an agreement with the State of California. This limitation on the assessment shall apply to all cases assessed while said resolution is in effect. However, said limitation shall not apply to cases in which the written notice of intention to remove was mailed prior to the effective date of the resolution and the resolution increases the amount assessable.