HomeMy WebLinkAboutMINUTES - 07151986 - 2.5 THE -BOARD 'OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
2.5
Adopted this Order on July_1_5 _1986 , by the following vote:
AYES: Supervisors Fanden, Schroder, Torlakson, Powers
NOES: None
ABSENT: Supervisor McPeak
ABSTAIN: None
--------------------------------------------------------------------
--------------------------------------------------------------------
SUBJECT: Ordinance Introduced
The follwing ordinance which amends the Ordinance Code of
Contra Costa County as indicated having been introduced, the Board
by unanimous vote of the members present waives full reading thereof
and fixes July 22, 1986 as the time for adoption of same.
Beginning with Section 430 .2.004 and continuing
through various sections ending with Section
430 . 12 .006 providing for the Director of Building
Inspection' s administration of the County' s
Abandoned Vehicle Ordinance.
1 hereby certify that this Is a true and correct copy of
an action taken and ortered on the rninutes of the
Board of Sup1—'
om on the date shown.
ATTESTED:PHIL SHEL R, (:lerk of the Board
of Supervisors and County Administrator
0
By , Deputy
Orig. Dept. : Clerk of the Board
cc : County Counsel
County Administrator
Building Inspection
i
ORDINANCE NO. 86-
(Abandoned Vehicles )
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 provides for the director of
building inspection' s administration of the County' s Abandoned
Vehicle Ordinance.
SECTION II . Section 430-2. 004 of the County Ordinance Code is
amended to read as follows:
430-2. 004 Authority, findings, nuisance. (a) Authority.
This division is enacted pursuant to California Vehicle Code
Sections 22660 , 22661, 22662, 22663 and 22671 , and Government Code
Section 25845 .
(b) Findings . The board finds and declares that the
accumulation and storage of abandoned, wrecked, dismantled, or
inoperative vehicles or parts thereof on private and public
property not including highways 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 , and to be injurious to the public health, safety and
general welfare.
(c) Nuisance. The presence of an abandoned, wrecked,
dismantled, or inoperative vehicle or parts thereof , on private or
public property not including highways, except as expressly
hereinafter permitted, constitutes a public nuisance which may be
abated as such in accordance with the provisions of this division
and code.
(Ords. 86- §2 , 84-64 §1, 77-112 . )
SECTION III . Chapters 430-6 , 430-8 , 430-10 , and 430-12 of the
County Ordinance Code are amended to read as follows:
Chapter 430-6 ADMINISTRATION AND ENFORCEMENT
430-6. 002 Building Inspection. The provisions of this
division shall be administered and enforced by the director of
building inspection and his regularly salaried full-time employees
pursuant to Vehicle Code Section 22663. In the enforcement of
this division such employees and other persons duly authorized by
the director of .building inspection 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 an abandoned vehicle.
(Ords . 86- §3, 77-112 . )
430-6 . 004 Abatement. The director of building inspection
may have abandoned vehicles abated and/or removed in accordance
with the procedure prescribed in this division.
(Ords. 86- §3, 77-112 . )
430-6 . 006 Notice of intention. (a) Notice. The director
of building inspection 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 may appear in
person at a hearing or may submit a sworn written statement
denying responsibility for the presence of the vehicle on his
land, with his reasons for such denial, in lieu of appearing.
(Ords . 86- §3, 77-112 . )
430-6 .008 Inoperable nontowable 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 the 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 director of building inspection 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, director of building inspection 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 . 86- §3, 84-64 §2: Veh.C. §22661 . )
-2-
ORDINANCE NO. 86-
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 abatement and removal and the estimated cost thereof.
(b) Disclaimer. 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 director of building inspection of any such request or
disclaimer.
(Ords . 86- §3, 77-112 . )
430-8 . 004 No hearing. If no disclaimer or request for
hearing is received within the ten-day period, the director of
building inspection or any person he authorizes shall abate and
remove the vehicle or parts thereof . Thereafter, the costs of
abatement shall be collected pursuant to Chapter 430-12 .
(Ords . 86- §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 director of building
inspection, 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 . 86- §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 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 land
with his reasons for such denial.
(Ords . 86- §3, 77-112 . )
430-8 . 010 Decisions . (a ) The zoning administrator may
impose such conditions and take such other action as he deems
appropriate under the circumstances to carry out the purpose of
this division. He may delay the time for removal of the vehicle
or parts thereof if, in his 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.
-3-
ORDINANCE NO. 86-
(7-7-86)
(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 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 . 86- §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 shall be notified in writing of the decision.
(Ords . 86- §3, 77-112. )
430-8 . 014 Appeals . (a) The director of building
inspection, the landowner , any known possessor of the parcel or
the vehicle owner may appeal the zoning administrator ' s decision
by filing with him a written notice of appeal within ten calendar
days after his decision. He 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 . 86- §3, 77-112 . )
Chapter 430-10 FINAL ABATEMENT ACTION
430-10 . 002 Removal and disposal. Abandoned vehicles may be
disposed of by removal to a scrapyard or automobile dismantler' s
yard when:
(1 ) releases authorizing removal and waiving further
interest in said vehicle have been signed by its owner(s) ; or
(2 ) there is no reply to the notice of intent to abate by
the end of the ten-day waiting period; or
( 3 ) the zoning administrator decides the vehicle is to be
removed and no appeal is made to the board; or
(4 ) after an appeal has been decided in favor of removal.
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 or historical vehicle
license plates.
(Ords . 86- §3, 77-112 . )
-4-
ORDINANCE NO. 86-
(7-7-86)
430-10 . 004 Notify D.M.V. Within five days after removal of
an abandoned vehicle, the director of building inspection 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 . 86- §3, 77-112: Veh.C. §22661 . )
430-10 .006 Cost record. The director of building inspection
shall prepare an itemized written account of his 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 . 86- §3, 77-112)
Chapter 430-12 COST COLLECTION
430-12 . 002 Collection. If the abatement cost
(administrative and removal costs ) which is charged against the
owner of a parcel of land pursuant to Sections 430-8. 004,
430-8. 010 and 4308. 014 is not paid within thirty days after the
completed abatement, the date of the order or the final
disposition of an appeal therefrom, such cost shall be, and is
assessed as a special assessment against the parcel of land
pursuant to Government Code Section. 25845, which shall be
transmitted to the county tax collector for collection with the
same priority as other county taxes and to the office of the
county recorder for recordation.
(Ords. 86- §3, 77-112 . )
430-12 .004 Assessment notice abatement lien. The director
of building inspection shall file with the tax collector and
county recorder 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
Ordinance 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 shown
on the last equalized assessment roll or possessor, and fixed the
below-shown amount as the cost thereof and hereby claims a special
assessment and abatement lien against said parcel for this amount.
1. OWNER(S) OR POSSESSOR( S) : . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2. LAST KNOWN ADDRESSES OF OWNER(S) OR
POSSESSOR(S) : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 . DATE ABATEMENT ORDERED: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4 . DATE ABATEMENT COMPLETE: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
-5-
ORDINANCE NO. 86-
(7-7-86)
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: . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(Director of Building Inspection) "
(Ords . 86- §3, 77-112 . )
430-12 . 006 Release and subordination. An abatement lien
created under this division may be released or subordinated by the
county treasurer in the same manner as a judgment lien on real
property may be released or subordinated.
(Ords . 86- §3, 77-112 : Govt.C. §25845. )
SECTION IV. EFFECTIVE DATE. This ordinance becomes effective 30
days after passage and within 15 days after passage shall be
published once, with the names of the supervisors voting for and
against it, in the a newspaper published
in this County.
PASSED on 1986, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: PHIL BATCHELOR,
Clerk of the Board of
Supervisors and County
Administrator
By
Deputy Board Chair
[SEAL]
VJW:df
( 6-16-86)
(7-7-86 )
-6-
ORDINANCE NO. 86-