HomeMy WebLinkAboutORDINANCES - 01101995 - 95-2 4�3
ORDINANCE NO. 95- 2
(Abandoned Vehicle Abatement Ordinance Amendments-
Administration and Enforcement)
The Contra Costa County Board of Supervisors ordains as follows (omitting the
parenthetical footnotes from the official text of the enacted or amended provisions of the
County Ordinance Code):
SECTION I. SUMMARY. This ordinance amends County Ordinance Code Division 430
to designate the Sheriff to administer and enforce the provisions of the Abandoned
Vehicle Ordinance, and to.clarify the provisions on entry onto private property.
SECTION II. Section 430-4.014 is added to the County Ordinance Code, to define the
term "enforcement officer" to read:
430-4.014 Enforcement Officer. "Enforcement Officer" refers to the Sheriff as the
official responsible for administering and enforcing the provisions of this division. (Ord.
95- 2 §2.)
SECTION III. Chapter 430-6 of the County Ordinance Code is amended, to designate
the Sheriff as the County official responsible for administering the provisions of Division
430, Abandoned Vehicle Ordinance, and to delete all references to the Director of
Building Inspection, to read:
CHAPTER 430-6
ADMINISTRATION AND ENFORCEMENT
430-6.002 Enforcement Authority. The Sheriff is designated the enforcement
officer for this division. The Sheriff and his regularly salaried full-time employees shall be
responsible for enforcing and administering this division pursuant to Vehicle Code Section
22663. In the enforcement of this division, such employees and other persons duly
authorized by the Sheriff may enter upon private or public property to examine a vehicle
or parts thereof, obtain information as to the identity of a vehicle and to remove or cause
the removal of an abandoned vehicle. (Ords. 95-2 §3, 86-58 §3, 77-112.)
430-6.004 Abatement The enforcement officer may have abandoned vehicles
abated and/or removed in accordance with the procedure prescribed in this division.
(Ords. 95- 2 §3, 86-58 §3, 77-112.)
430-6.006 Notice of Intention. (a) Notice. The enforcement officer shall mail a ten-
day notice of intention to abate and remove an abandoned vehicle as a public nuisance,
by registered or certified mail, to the owner of the land, anyone known to be in
possession of the land and the owner of the vehicle, unless the vehicle is in such
condition that identification numbers are not available to determine ownership, or unless
the property owner and the vehicle owner have signed releases authorizing removal and
waiving further interest in the vehicle or parts thereof.
(b) Contents. The notice shall contain an estimate of the cost of abatement (including
administrative and removal costs) and a statement that this cost may be levied as a
special assessment on the landowner's land (parcel). It shall contain a statement of the
possessor, property and vehicle owner's hearing rights and 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 his or her land, with
reasons for such denial, in lieu of appearing. (Ords. 95-2 §3, 86-58 §3, 77-112.)
430-6.008 Inoperable non-towable Vehicles. (a) This chapter's notice of intention
is not required for removal of a vehicle or part thereof which is inoperable due to the
absence of a motor, transmission or wheels and incapable of being towed, and is valued
at less than two hundred dollars by a person specified in Vehicle Code Section 22855;
provided, that the property owner has signed a release authorizing removal and waiving
further interest in the vehicle or part thereof. Prior to final disposition under Vehicle Code
Section 22662 of such a low valued vehicle or part for which evidence of registration was
recovered, the enforcement officer shall provide notice to the registered and legal owners
of intent to dispose of the vehicle or part, and if the vehicle or part is not claimed and
removed within twelve days after the notice is mailed from a location specified in Vehicle
Code Section 22662, final disposition may proceed. The County, the enforcement officer
or any contractor thereof shall not be liable for damage caused to a vehicle or part thereof
by removal pursuant to this section.
(b) This section applies only to inoperable vehicles located upon a parcel that is: (1)
zoned for agricultural use: or (2) not improved with a residential structure containing one
or more dwelling units. (Ords. 95- 2 §3, 86-58 §3, 84-64 §2: Vehicle Code 422661.)
SECTION IV. Chapter 430-8 of the County Ordinance Code is amended to delete all
references to the Director of Building Inspection and to substitute to substitute Chapter
430-8 hearings and appeals.
CHAPTER 430-8-
HEARINGS AND APPEALS
430-8.002 Hearing Requests. (a) Request. Within ten days after the mailing date
of the notice of intention to abate and remove, the vehicle owner, landowner or possessor
of property may request the zoning administrator for a public hearing on the question of
abatements and removal and the estimated cost thereof.
(b) Discharge. If, within this ten day period, the landowner submits a sworn written
statement denying responsibility for the presence of the vehicle on his land with his
reasons for such denial, said statement shall be construed as a request for a hearing
which does not require his presence.
(c) Notice. The zoning administrator shall immediately notify the enforcement officer of
any such requests or disclaimer. (Ords. 95- 2 §4, 86-58 §3, 77-112.)
430-8.004 No Hearing. If no disclaimer or request for hearing is received within
the ten day period, the enforcement officer or any person he or she authorizes shall abate
and remove the vehicle or parts thereof. Thereafter, the costs of abatement shall be
collected pursuant to Chapter 430-12. (Ords. 95- 2 §4, 86-58 §3, 77-112.)
430-8.006 Hearing Notice. When a hearing is requested, the zoning administrator
shall mail notice of the hearing at least ten days before the hearing date, to the
enforcement officer, the landowner, any known possessor of the parcel, and to the vehicle
owner unless the vehicle is in such condition that identification numbers are not available
to determine ownership. (Ords. 95- 2 64, 86-58 §3, 77-112.)
430-8.008 Hearings. All hearings under this division shall be held before the
zoning administrator who shall receive all evidence he or she deems material, including
the condition of the vehicle or parts thereof, the circumstances of its abandonment and
location and the estimated cost of the abatement. The zoning administrator shall not be
limited by the technical rules of evidence. The landowner may appear in person or
present a sworn written statement, in time for consideration at the hearing, denying
responsibility for the presence of the vehicle on his or her land with reasons for such
denial. (Ords. 95- 2 §4, 86-58 §3, 77-112.)
430-8.010 Decisions. (a) The zoning administrator may impose such conditions
and take such other action as he or she deems appropriate under the circumstances to
carry out the purpose of this division. He or she may delay the time for removal of the
vehicle or parts thereof, if in his or her opinion, the circumstances justify it. At the
conclusion of the public hearing, the zoning administrator may find that there is an
abandoned vehicle and order it abated and/or removed as a public nuisance and
disposed of as hereinafter provided and determine the cost of abatement to be charged
against the landowner. The order requiring removal shall include a description of the
abandoned vehicle and the correct identification number and license number of the
vehicle if available.
(b) If it is determined at the hearing that the vehicle was placed on the land without the
consent of the landowner and that he or she has not subsequently acquiesced in its
presence, the zoning administrator shall not assess the cost of abatement(administration
and removal) against the property upon which the vehicle is located or otherwise attempt
to collect such costs from such landowner. (Ords. 95- 2 §4, 86-58 §3, 77-112.)
430-8.012 Notice of Decision. If an interested party makes a written presentation
to the zoning administrator but does not appear, he or she shall be notified in writing of
the decision. (Ords. 95- 2 §4, 86-58 §3, 77-112.)
430-8.014 Appeals. (a) The enforcement officer, the landowner, any known
possessor of the parcel or the vehicle owner may appeal the r zoning administrator's
decision by filing a written notice of appeal within ten calendar days after his or her
decision. The zoning administrator shall promptly transmit the proceedings to the Board
of Supervisors.
(b) The Board's clerk shall promptly give written notice of the time and place of the
hearing to the appellant and those persons specified in Section 430-6.006(a).
(c) The Board shall promptly hear such appeal, and may affirm, amend, or reverse the
order, or take other action it deems appropriate. It shall not be limited by the technical
rules of evidence. (Ords. 95-__Z_§4, 86-58 §3, 77-112.)
SECTION V. Section 430-10.004 of the County Ordinance Code is amended to delete
the reference to the "Director of Building Inspection" and, to substitute "enforcement
officer," to read:
430-10.00.4 Notify D.M.V. Within five days after removal of an abandoned vehicle,
the enforcement officer shall so notify the Department of Motor Vehicles, identifying the
vehicle or parts, and send it any evidence of registration available including registration
certificates, certificates of title and license plates. (Ords. 95- 2 §5, 86-58 §3, 77-112:
Vehicle Code §226.61).
SECTION VI. Section 430-10.006 of the County Ordinance Code is amended to delete
the reference to the "Director of Building Inspection" and to substitute "enforcement
officer", to read:
430-10.006 Cost Record. The enforcement officer shall prepare an itemized
written account of his or her expenses incurred to abate the nuisance where it is
proposed to collect costs pursuant to Chapter 430-12. Until such report is completed, no
abatement costs(including administration)will be placed as a special assessment against
the parcel of land. (Ords. 95- 2 §7, 86-58 §3, 77-112.)
SECTION VII. Section 430-12.004 of the County Ordinance Code is amended to delete
the reference to the "Director of Building Inspection" to "enforcement officer," to read:
430-12.004 Notice of Assessment The enforcement officer shall record at the
office of the county recorder and deliver to the auditor-controller, a certificate substantially
in the following form:
"NOTICE OF ASSESSMENT AND ABATEMENT LIEN"
(Abandoned Vehicle Abatement Cost)
Pursuant to Vehicle Code §22660, Government Code §25845, and Ordi-
nance Code §430-12.002, Contra Costa County abated an abandoned
vehicle nuisance on the parcel of real property described below, of which
the named person(s) is the owner on the last equalized assessment
roll and fixed the below-shown amount as the cost thereof and hereby;
claims a special assessment against said parcel for this amount.
1. RECORD OWNER(S)...............................................
LAST KNOWN ADDRESS:...........................................
2. POSSESSOR(S) (if different from owner):.......................
LAST KNOWN ADDRESS:...........................................
3. DATE ABATEMENT ORDERED:.......................................
4. DATE ABATEMENT COMPLETED:.....................................
5. PARCEL: Real property in Contra Costa County, California:County,
Assessor's parcel #...........[Other description where needed]:
6. AMOUNT OF ABATEMENT
(ASSESSMENT) COST:$...........................................
Dated:.....
Contra Costa County
By:................
Enforcement Officer
(Ords. 95- .2% §7, 88-88 §12, 86-58 §3, 77-112).
SECTION VIII. EFFECTIVE DATE. This ordinance becomes effective thirty(30)days after
passage, and within fifteen (15) days after passage shall be published once with the
names of the Supervisors voting for and against it in a newspaper published in this
County.
PASSED on January 10 , 1995 , by the following vote:
AYES: Supervisors Rogers, Smith, DeSaulnier, Torlakson and Bishop
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: PHIL BATCHELOR,
Clerk of the Board of Supervisors and County Administrator
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By: ",L 01 1-14 zl� 4A0
Deputy Chairpe son of the Board
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