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Or C : ~a nc e No . 13 61
AN URGENCY ORDINANCE ADDING ARTICLE XII TO CHAPTER
14 OF THE BUTTE COUNTY CODE PROVIDING FOR THE
ABATEMENT AND REMOVAL AS PUBLIC NUISANCES OF ABANDON-
ED, WRECKED, DISMANTLED OR INOPERATIVE VEHICLES OR
PARTS THEREOF FROM PRIVATE PROPERTY OR PUBLIC
PROPERTY NOT INCLUDING HIGHWAYS AND RECOVERY OF
COSTS OF ADMINISTRATION THEREOF AS AUTHORIZED BY
§ 22660 VEHICLE CODE ____~~, ~~~^_w_..._.~_._..~
The Board of Supervisors of the County of Butte DO
'ORDAIN as follows:
Section 1. Article XII is hereby added to Chapter 14
of the Butte County Code to read as follows:
ARTICLE XII. ABATEMENT AND REMOVAL AS PUBLIC
ISANCES OF ABANDONED, WRECKED, DISMANTLED OR INOPERATIVE
CLES OR PARTS THEREOF.
Section 14.51. FINDINGS AND DECLARATIONS. In
32 ~Iaddition to and in accordance with the determination made and the
33 authority granted by the State of California under §22bbO of the
14 ~~Vehicle Code to remove abandoned, wrecked, dismantled or in-
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.operative vehicles or parts thereof as public nuisances, the Board
of Supervisors of the County of Butte 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
jhazard to the health and safety of minors, to create an harborage
far rodents and insects and to be injurious to the health, safety
and general welfare. Therefore, the presence of an abandoned,
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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 Articled
Section 14452, EXCEPTIONS. This Article shall not apply
f to:
{a) A vehicle or part thereof which is completely enclos
within a building in a lawful manner where it is not visible from
the street or ather public or private property;.>~.
(b} A vehicle or part thereof which is stored or parked
in a lawful manner on private property in connectionwith the
business of a licensed dismantler, licensed vehicle dealer, a junk
dealer, ar when such storage or parking is necessary to the operat
of a lawfully conducted business or commercial enterprise; or
{c) A vehicle or part thereof which is located behind a
solid fence six (6) feet in height or which is not plainly visible
from a h ighway o
Nothing in this section shall authorize the maintenance
of a public or private nuisance as defined under provisions of the
law other than Chapter 10 (commencing with Section 22b50) of
Division ll of the Vehicle Code and this Article..
Section 14053, DEFINITIONS. As used in this Article:
(a} The term "vehicle" means a device by which any perso
or property may be propelled, moved, or drawn upon a highway,
except a device moved by human power or used exclusively upon
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stationary rails or tracks; provided, however, that the term
"vehicle" shall not include mobile homes or travel trailerso
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{b) The term "highway" means a way or place of
whatever nature, publicly maintained and open to the use of the
public for purposes of vehicular travel. Highway includes street.
{c) The term °~public property" does not include
"highway~u.
Section 15x54. NON-EXCLUSIVE REGULATION. This
Article is not the exclusive regulation of abandoned, wrecked,
dismantled or inoperative vehicles within the County of Butte.
Tt shall supplement and be in addition to the other regulatory
codes, statutes, and ordinances heretofore or hereafter enacted
by the County of Butte, the State, or any other legal entity or
agency having jurisdiction.
Section 14._55. ADMINISTRATION. Except as other-
34 W15e provided herein, the provisions of this Article shall be
].5 administered and enforced by the Director of Public Works. Tn
18 the enforcement of this Article such officer and his deputies,
37 assistants and employees may enter upon private or public property
18 to examine a vehicle or parts thereof, or obtain informationas
39 to the identity of a vehicle and to remove or cause the removal
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~of a vehicle or part thereof declared to be a nuisance pursuant
Ito this Article.
Section 14.5b.
CONTRACTOR OR FRANCHISE HOLDER;
ENTRY TO REMOVE VEHICLE. 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 the removal of
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a vehicle or parts thereof declared to be a nuisance pursuant
to this Article.
Section 14.57. ADMINISTRATIVE COSTS. The Board of
Supervisors shall from time to time determine and fix by resolu-
tion an amount to be assessed as administrative costs excluding
the actual cost of removal o£ any vehicle or part thereof under
this Article.
Section 14.5$. NOTICE OF INTENTION TO ABATE AND
(REMOVE VEHICLE. Notice of intention to abate and remove a vehicle
~or part thereof as a public nuisance shall be given at least 10
days before such abatement and removal. Such notice shall contain
a statement of the hearing rights of the owner of the property
on which the vehicle is located and the owner of the vehicle..
The statement shall include notice to the property owner that he
may appear in person at a hearing or may present a sworn written
statement denying responsibility for the presence of the vehicle
on the land, with his reasons for such denial, in lieu of
appearing. The notice of intention to abate and remove shall.
be mailed, by registered or certified mail, to the owner of
land as shown on the Last equalized 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.
Section 14.59. PUBLIC HEARING BEFORE BOARD OF
SUPERVI50RS. A public hearing shall be held before the Board of
Supervisors of the County of Butte upon request for such hearing
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by the owner of the vehicle or the owner of land on which such
:.vehicle was located. The request shall be made to the Board of
Supervisors within 10 days after the mailing of notice of intention
to abate and remove the vehicle. If the owner of land on which
the vehicle is located submits a sworn written statement denying
responsibility far the presence of the vehicle on his land within
such time period, this statement sha11 be construed as a request
for hearing which does not require the presence of the owner
submitting such request. If such a request is not received
within such period, the Director o`_Public Works, his deg uties,
assistants, or employees shall. have the authority to remove or
ea use removal of, the vehicle, and in such cases removal and
~~administrative costs shall be assessed as follows: removal costs
Isha11 be assessed by the Board of Supervisors, except when removal
~~~is accomplished by a private contractor ar franchise holder, in
(which event the removal cost shall be assessed by the Director
of Public Works in an amount equal to the amount actually
charged for such removal.; administrative costs shall be assessed
by the Director of Public Works in accordance with the resolution
adapted pursuant to Section 14.57 of this Article.
If a hearing is requested or construed to be requested
the Board of Supervisors shall set a time for hearing. 15 days
notice of hearing shall be mailed to all parties requesting a
hearing and to all land owners who have submitted sworn
written statements denying liability.
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Section 14ob0, HEARING PROCEDURE; DECISION AND
ORDER.. A11 hearings under this Article shall be before the Board
of Supervisors of Butte County, which shall hear all facts and
testimony it deems pertinent. Said 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 ox public propertyo The Board of Supervisors shall not
be limited by the technical, rules of evidence. The owner of land
~on which the vehicle is located may appear in person at the hearing)
or may present a sworn written statement denying responsibility
for the presence of the vehicle on the land, with his reasons for
Isuch denial.
The Board of Supervisors may impose such conditions and
take such other actia~ as it deems appropriate under the circum-
stances to carry out the purpose of this Article. It may-decay
the time for removal of the vehicle or part thereof, if, in its
Iopinian, the circumstances justify it.
At the conclusion of the public haring, 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 order the same removed from the property as a
public nuisance not less than 30 days after the date of the order
land disposed of as hereinafter provided and determine the
administrative costs and the costs of removal to be charged
'iagainst the owner of the parcel of land on which the vehicle
Ior part thereof is located. The order requiring removal shall
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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.
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
Board of Supervisors shall not assess costs of administration ar
8 removal of the vehicle against the property upon which the vehicle
9 is located or otherwise attempt to co~.lect such costs from such
~.0 Ellandowner.
I1~~ Tf an interested party makes a written presentation to
12 the Board of Supervisors but does not appear, he sha11 be notified
13 in writing of the decision. Sueh notice shall be mailed within
14` 15 days of the date of the decision.
15 Section 14.61. REMOVAL AND DISPOSITION OF VEHICLE
1g~~OR PARTS. Upon removal of a vehicle under Section 14.59 or
17 14.60.of this Article the vehicle or parts thereof may be disposed
18 of by removal to a scrapyard or automobile dismantler's yard.
19 After a vehicle has been removed it shall not thereafter be
20 reconstructed or made operable.
2Z Section 14.620 NOTICE TO DEPARTMENT Ok' MOTOR
22 VEHICLES. Within five days after the date of removal of the
23 vehicle or part thereof, notice sha11 be given to the Department
24 of Motor Vehicles identifying the vehicle or part thereof removed.
25 At the same time there shall be transmitted to the Department of
26 Motor Vehicles any evidence of registration available,- including,
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but nat limited to, registration certificates, certificates of
title or license platesa
Section 14063. ASSESSMENT OF COSTSo Tf the administrati~
costs and the cost of removal which are charged against a parcel
of land pursuant to Sections 14059 and 14,b0 are not paid within
x.30 days of the date of the order, such costs shall be assessed
.,against the parcel of land pursuant to Section 25845 of the
Government Code and shall be transmitted to the tax collector for
collectionp Said assessment sha11 have the same priority as other
~~ounty taxeso
Section 20 EFFECTIVE DATE: URGENCY ORDINANCE. This
ordinance is an ordinance for the immediate preservation of the
:public peace, health, and safety, and shall take effect immediat
in accordance with Section 25123 of the Government Code of the
State of Californiaq The facts constituting the urgency are that
the accumulation and storage of abandoned, wrecked, dismantled,
or inoperative vehicles or parts thereof on private or public
property (not including highways) within the County of Butte
creates a condition tending to reduce the value of private proper
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
an harborage for rodents and insects and to be injurious to the
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1 health, safety and general welfare, It is therefore necessary
2 to immediately provide for the abatement and removal as public
3 nuisances of such vehicles.
4 This urgency ordinance shall take effect immediately
5 upon its passage, and before the expiration of fifteen (l5}
6 days after its passage shall be published once with the names of
7 all members voting for and against the same in the ^_ Gr~~ ~ ~,~_
8 Herald ~, a newspaper of general circulation in the
9 County of Butte, State of California .
10 PASSED AND ADOPTED by the Butte County Board of Super-
~1 visors this 26th_ day of ~ J~x3~_____~ ~, 1973, by the follow-
12 ing vote:
13` AYES: Supervisors Cameron, Gi~.man, Madigan and Chairman Ms
14 ~ NOES : Supervisor Ladd
15 ABSENT: None
16" NOT VOTING. None
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18 J c Ja Killop, Chairman o~--
e Boa of Supervisors
~'~ 'ATTEST
20 CLARK A. NELSON, County Clerk and
21 ex-officio Clerk of the Board
23 Y.._.._...~...T._._,_____________ _..~__._.
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~Killop