HomeMy WebLinkAbout38731
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Ordinance No . 3873
AN ORDINANCE DESIGNATING THE DIRECTOR OF DEVELOPMENT SERVICES AND
DESIGNEES AS VEHICLE APPRAISAL OFFICERS PURSUANT TO VEHICLE CODE
PROVISIONS CONCERNING REMOVAL OF ABANDONED VEHICLES AND ESTABLISHING
A 7-DAY PARKING LIMIT ON COUNTY-MAINTAINED ROADS AND HIGHWAYS IN THE
UNINCORPORATED AREAS OF THE COUNTY
The Board of Supervisors of the County of Butte ordains as
follows:
Section 1. Section 14-64 of the Butte County Code is amended to read',
as follows: "Sec. 1g-b4. Notice To Abate Public Nuisance. ~
(a.) When the Director of Development Services or
designated representative(s), determines pursuant to an
inspection of the property, that conditions existing on the
premises constituting a violation of the provisions of this
Article XII are the result of the existence on such
premises of any abandoned, wrecked, dismantled or
inoperative vehicle, or parts thereof, the Director may
issue a fifteen-day notice of intention to abate and remove
the vehicle, or parts thereof, as a public nuisance. The
notice shall be mailed by registered or certified mail with
return receipt, to the owner of the land and to the owner
of the vehicle, unless the vehicle is in such condition
that identification numbers are not available to determine
ownership. This notice shall contain:
(1} The street address and such other
description as is required to identify the premises on
which the vehicle or parts thereof are located.
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(2) The identity of the vehicle or parts thereof
to be abated.
(3) A statement that the Director of Development
Services has found the vehicle or parts thereof to be a
public nuisance as specified in this Article with a
reference to the applicable section hereof, and to other
sections of the County Code, if applicable, including
sufficient detail to provide the owner with information as
to the conditions constituting the alleged nuisance.
(4) A statement of the action required to be
taken as determined by the Director of Development
Services, and that such action is to be completed within
ten days after the mailing of the notice.
(5) A statement providing for a hearing by the
hearing examiner upon written request to the Director of
Development Services by the owner of the premises on which
the vehicle or parts thereof is located or by the owner of
the vehicle or parts thereof within ten days after the
mailing of the notice.
(b.) The notice shall be sent certified mail, postage
prepaid, to the owner of the premises as shown on the
latest equalized assessment roll of the county using such
address as may be shown by such assessment roll ar such
other address as may be known by the Director of
Development Services and to the last registered and legal
owner of record of the vehicle unless the vehicle or parts
thereof are in such condition that identification numbers
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are not available to determine ownership. The failure of
the Director of Development Services to serve any person
required herein to be served shall not invalidate any
proceedings hereunder as to any other person duly served or
relieve any such person -duly served from any duty or
obligation imposed an him by the provisions of this
Article.
(c.) Upon issuance of the notice, the Director of
Development Services may provide additional notice by
posting a copy thereof conspicuously an the vehicle or
parts to be abated.
(d.) Provided, however, a notice of intention to abate
shall not be required if (1) the property owner and the
owner of the vehicle have signed releases authorizing
removal and waive further interest in the vehicle or part
thereof, or (2} all of the following conditions are
satisfied:
1) the vehicle or part thereof is inoperable due to
the absence of a motor, transmission, or wheels and
incapable of being towed;
2} the vehicle or part thereof is valued at less than
two hundred dollars {$200) by a person specified in vehicle
code section 22855;
3} the Director of Development Services has determined
that the vehicle or part thereof is a public nuisance
presenting an immediate threat to public health or safety
4} the property owner has signed a release authorizing
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the removal and waiving further interest in the vehicle or
part thereof; and
5) the vehicle or part thereof is located upon a
parcel that is either zoned for agricultural use ar is not
improved with a residential structure,
If a vehicle is removed pursuant to subdivision (2), prior
to final disposition, the registered and legal owner shall
be notified by the Director of Development Services of the
intent to dispose of the vehicle or part thereof. If the
vehicle or part is then not claimed and removed from the
scrapyard, automobile dismantler's yard or public disposal
area within 12 days after the notice to dispose of vehicle
is mailed, disposition may proceed without further notice
or administrative proceedings. Neither the county nor its
contractor shall be liable for damage to a vehicle or part
thereof caused by removal pursuant to this subsection.
(e.) The Director of Development Services and his/her
designees are designated vehicle appraisal officers,
pursuant to Vehicle Code Sections 22669(x) and 22855, for
the purposes set forth in the Vehicle Code, Division 11,
Chapter 10, entitled `Removal of Parked and Abandoned
Vehicles', commencing with Section 22650."
Section 2. Section 14-49 is added to the Butte County Code to read
as follows:
•`14-49 Maximum consecutive parking hours -- Parking
restriction.
No person who owns a vehicle or has possession, custody or
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control of any vehicle shall park such vehicle upon any
County-maintained road or highway for a consecutive period
of more than 168 hours (7 days)."
Section 3. Severabil..ity_
Tf any provision of this Ordinance or the application thereof to
any person or circumstances is for any reason held to be invalid by
a court of competent jurisdiction, such provision shall be deemed
severable, and the invalidity thereof shall not affect the remaining
provisions or other applications of the Ordinance which can be given
effect without the invalid provision or application thereof.
Section 4. Effective Date and Publication. This Ordinance sha11 take
effect thirty (30) days after the date of its passage. The Clerk of
the Board of Supervisors is authorized and directed to publish this
'ordinance before the expiration of fifteen (15) days after its
passage. This Ordinance shall be published once, with the names of
the members of the Board of Supervisors voting for and against it, in
the Enter rise-Record a newspaper of general
circulation published in the County of Butte, State of California.
PASSED AND ADOPTED by the Board of Supervisors of the County of
Butte, State of California, on the 23rd day of March ,
2004, by the following vote:
AYES: 5uper~risors Dolan, Houx, Josiassen, Yamaguchi and Chair Beeler
NOES : None
ABSENT ; None
I NOT VOTTNG : None
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R.J. B EL R, Chair of the
Butte County Board of Supervisors
ATTEST:
PAUL McTNTOSH, Chief
Administrative Officer
and Clerk of the Board
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