Pursuant to the authority created by California Vehicle Code Section 22660 for the removal of abandoned, dismantled, inoperative or wrecked vehicles or parts thereof as public nuisances, the board of supervisors finds as follows: the accumulation and storage of abandoned, wrecked, inoperative or dismantled vehicles or parts thereof on private or public property, including highways, are found to create a condition tending to reduce the value of private property; to promote blight and deterioration; to invite burglary, theft and other crimes; to create fire and environmental hazards; to create a harbor for rodents, insects, and other pests; and to constitute a nuisance and be injurious to the health, safety and general welfare. Therefore, the presence of an abandoned, dismantled, inoperative or wrecked vehicle, or parts thereof, on private or public property, including highways, except as expressly hereinafter permitted in this code, constitutes a public nuisance which may be abated. (Ord. 613 § 1(part), 2006).

As used in this chapter, the following terms shall have the following meanings:
“Abandoned vehicle” means any vehicle that is wrecked, dismantled, inoperative, and/or cannot be legally operated on public ways because of lack of a license, and which is left on a highway, public or private property, exterior of a completely enclosed structure or at a lawful dismantling or wrecking yard, in such wrecked, dismantled, inoperative and/or unlicensed condition that the owner’s intent to relinquish all further rights or interest in it may be reasonably concluded.
“Completely enclosed structure” means a structure that consists of at least three nonmoveable walls, roof and permanent floor, and with one wall including an opening with attached approved door that provides a sufficiently large opening for at least one person at a time to enter and exit, and which is capable of providing complete enclosure of the interior. For completely enclosed structures used as garages, as defined in this code, the opening and door shall be large enough to allow entry by a motor-driven vehicle. Except as otherwise provided in this code, only completely enclosed structures may be used for storage of abandoned, wrecked, inoperative and/or dismantled vehicles.
“Dismantled vehicle” means any vehicle that is partially or completely disassembled.
“Highway” means a way or path that is publicly maintained and open to the use of the public for purposes of vehicular travel, and shall include streets.
“Inoperative vehicle” means any motor-driven vehicle that, upon demand, cannot be started and moved a minimum of two hundred feet forward and one hundred feet backward under its own power. “Inoperative vehicle” shall also mean any vehicle that is listed with the California Department of Motor Vehicles as a “planned non-operation” vehicle.
“Junkyard” means the use of more than two hundred square feet of the area of any lot for the storage or keeping of discarded household appliances, including scrap metals, abandoned vehicles, debris, tires or other scrap materials or refuse, that is outside of a completely enclosed structure or licensed landfill, dismantling or wrecking yard.
“Owner of the land” means the owner of the land on which the vehicle, or parts thereof, is located, as shown on the last equalized assessment roll of the county of Madera.
“Owner of the vehicle” means the last registered owner and legal owner of record, as shown on the records of the Department of Motor Vehicles.
“Private property” means anything that belongs absolutely to an individual person or group of persons and of which that person or persons have the exclusive right of disposition. Such property is of a specific, fixed, and tangible nature, capable of being possessed and transmitted to another, such as land and structures thereon, fixtures and improvements to the land and structures, and personal property such as vehicles and equipment.
“Public nuisance vehicle” means any vehicle or a portion of a vehicle that is abandoned, wrecked, dismantled or inoperative and that is on public or private property, not including highways or the interior of a completely enclosed structure or lawful dismantling or wrecking yard, and that is a public nuisance by creating a condition that is offensive to the senses, or obstructs the free use of public property, or promotes blight and deterioration, or otherwise jeopardizes health, safety and general welfare of the public or a considerable number of persons.
“Public property” shall be anything owned by the state or any political subdivision thereof, or any city, district, agency, joint powers authority, or the federal government, and not owned by or leased to an individual person or persons, whether those persons be natural persons or artificial entities such as corporations. “Public property” shall not include highways.
“Structure” means anything constructed, erected or buried, the use of which requires permanent location on, in the ground, or by attachment to something having a permanent location on or in the ground.
“Vehicle” means a device by which any person or property may be propelled, moved or drawn upon a highway, excepting devices moved exclusively by human power or used exclusively upon stationary rails or tracks. “Vehicle” shall not include any machine designed and to be used for an agricultural implement and not intended for transportation on highways.
“Wrecked vehicle” means any vehicle that is damaged to such an extent that it cannot be operated upon the highway, public or private property, regardless of licensing status.
“Wrecking or dismantling yard” means an approved commercial or industrial structure and zoned premise used for storage and/or dismantling of abandoned, wrecked, dismantled or inoperable vehicles, including commercial and recreational vehicles, trailers, boats and motorcycles. All wrecking or dismantling yards shall, at a minimum, be enclosed by an eight-foot high solid wall, with secured openings, appropriate lighting, and concrete surface, and shall have approved means of catching and disposing of all waste generated on-site. (Ord. 613 § 1(part), 2006).

A. This chapter shall not apply to:
1. A vehicle or parts thereof that is completely enclosed within a structure or a solid wall or fence at least eight feet high, in a lawful manner, where it is not visible from the street or other public or private property;
2. A vehicle or parts thereof that is stored or parked in a lawful manner on private property in connection with the business of a licensed vehicle dealer, lawful wrecking or dismantling yard, or junk dealer as defined in Chapter 5.08 of this code.
B. Nothing in this chapter shall authorize the maintenance of a public or private nuisance, as defined under provisions of law other than this chapter and Chapter 10 (beginning with Section 22650) of the California Vehicle Code. (Ord. 613 § 1(part), 2006).

This chapter shall not be the exclusive regulation of abandoned, wrecked, dismantled or inoperative vehicles within the county of Madera. It shall supplement and be in addition to other regulatory codes, statutes and ordinances heretofore or hereafter enacted by the county of Madera, the state of California, or any other legal entity or agency having jurisdiction. (Ord. 613 § 1(part), 2006).

This chapter shall be administered concurrently by the code enforcement division of the county of Madera, the Madera County sheriff, and the California Highway Patrol. The code enforcement division is authorized to utilize other persons or entities for the actual removal of vehicles or parts thereof. (Ord. 613 § 1(part), 2006).

A. It shall be unlawful for any person to abandon, store, leave or permit the abandonment, storing or leaving of any licensed or unlicensed vehicle (or parts thereof) which is abandoned, dismantled, inoperative or wrecked upon any public property or private property, including highways, within the county of Madera for a period in excess of seventy-two or more consecutive hours unless either:
1. Such vehicle (or parts thereof) is located within a completely enclosed structure;
2. Such vehicle or part thereof is stored or parked in a lawful manner on private property in connection with the business of a licensed vehicle dealer, lawful wrecking or dismantling yard, or junk dealer as defined in Chapter 5.08 of this code; or
3. Such vehicle or parts thereof is within a total area not to exceed two hundred square feet on any parcel of privately owned land, which area is used for the storage or keeping of discarded household appliances, including scrap metals, debris, tires or other scrap metals or refuse, and which is not within a completely enclosed structure or licensed landfill, wrecking or dismantling yard.
B. Each day on which a violation of the provisions of this chapter occurs shall be a separate offense.
C. Violations of this section, or any other provision of this chapter, shall be punished as infractions under Chapter 1.12 of this code. (Ord. 613 § 1(part), 2006).

Upon receiving knowledge of an abandoned, dismantled, inoperative or wrecked vehicle, the code enforcement division shall cause the same to be abated and removed pursuant to the following procedure:
A. The code enforcement division shall either personally serve upon or mail, by registered or certified mail, a ten-day notice of intention to abate and remove the vehicle or parts thereof, as a public nuisance, 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. The notice shall contain the names of the owner of the land and the owner of the vehicle, the date of the violation, the address or assessor’s parcel number of the land, and the name, signature and badge or identification number of the citing officer.
B. The notice of intention to the owner of the land shall be substantially in the following form:

“NOTICE OF INTENTION TO LANDOWNER TO ABATE AND REMOVE ABANDONED, DISMANTLED, INOPERATIVE, OR WRECKED VEHICLE OR PARTS THEREOF AS A PUBLIC NUISANCE”

(Name and address of owner of the land and owner of the vehicle, if different)

“As owner of land located at (address), as listed on the last equalized assessment roll of the County of Madera, you are hereby notified that the County of Madera, pursuant to Chapter 10.34 of the Madera County Code, has determined that there exists upon your land (or parts of) an abandoned, dismantled, wrecked, or inoperative vehicle registered to (name, if known or determined), license number (if known or determined) which constitutes a public nuisance.

You are hereby notified to abate that nuisance by the removal of the vehicle (or vehicle parts) within ten (10) days from the date of mailing or personal delivery of this notice. If you fail to abate the nuisance within that time, the Code Enforcement Division will abate and remove the nuisance, and the costs thereof, together with administrative costs, shall be assessed against your land upon which the vehicle (or parts) is located.

You are also notified that you may, within ten (10) days after personal service or mailing of this Notice of Intention, request a public hearing. If the Code Enforcement Division does not receive a request for a hearing within the ten (10) day period, the Code Enforcement Division shall have the authority to abate and remove the vehicle(s) (or parts) as a public nuisance and assess the costs against your property without a public hearing.

If a hearing is requested, you or the owner of the vehicle, or both, may appear in person at the hearing to contest the Code Enforcement Division’s determination of the abandoned vehicle as a public nuisance. In lieu of a personal appearance, you or the owner of the vehicle, or both, may present a sworn written statement contesting the Code Enforcement Division’s determination of the abandoned, dismantled, wrecked, or inoperative vehicle as a public nuisance, in time for consideration at the hearing.”

(printed name and signature of Code Enforcement Officer)

Notice mailed or personally served:

(date)

C. The notice of intention to the owner of the vehicle shall be substantially in the following form:

“NOTICE OF INTENTION TO VEHICLE OWNER TO ABATE AND REMOVE ABANDONED, DISMANTLED, INOPERATIVE, OR WRECKED VEHICLE OR PARTS THEREOF AS A PUBLIC NUISANCE”

(Name and address of last registered owner of the vehicle)

“As the last registered or legal owner of record of (description of vehicle: make, model, license, vehicle identification number, etc.), you are hereby notified that the County of Madera, pursuant to Chapter 10.34 of the Madera County Code, has determined that the vehicle (or parts of vehicle) is an abandoned, dismantled, wrecked, or inoperative vehicle at (describe location on public or private property, including street address) which constitutes a public nuisance.

You are hereby notified to abate that nuisance by the removal of the vehicle (or vehicle parts) within ten (10) days from the date of mailing or personal delivery of this notice. If you fail to remove the vehicle (or parts of vehicle), the Code Enforcement Division will abate and remove the nuisance, and the costs thereof, together with administrative costs, shall be assessed against you as the owner of the vehicle (or parts of vehicle).

You are also notified that you may, within ten (10) days after personal service or mailing of this Notice of Intention, request a public hearing. If the Code Enforcement Division does not receive a request for a hearing within the ten (10) day period, the Code Enforcement Division shall have the authority to abate and remove the vehicle(s) (or parts) without a public hearing.

If a hearing is requested, you or the owner of the land, or both, may appear in person at the hearing to contest the Code Enforcement Division’s determination of the abandoned vehicle as a public nuisance. In lieu of a personal appearance, you or the owner of the land, or both, may present a sworn written statement contesting the Code Enforcement Division’s determination of the abandoned, dismantled, wrecked, or inoperative vehicle as a public nuisance, in time for consideration at the hearing.”

(printed name and signature of Code Enforcement Officer)

Notice mailed or personally served:

(date)
(Ord. 613 § 1(part), 2006).

A. If the owner of the vehicle, or the owner of the land on which the vehicle (or parts thereof) is located, files a request for a public hearing with the code enforcement division within ten days of the personal service or mailing of the notice of intention to abate and remove, a public hearing shall be heard before a neutral hearing officer designated by the county of Madera (other than a code enforcement officer) on the question of abatement and removal of the vehicle (or parts thereof) as an abandoned, dismantled, inoperative or wrecked vehicle, and the assessment of the administrative costs and removal of the vehicle (or parts thereof) against the property on which it is located.
B. Notice of the hearing shall be personally served upon or mailed by registered or certified mail, at least ten days before the hearing, to the owner of the land and the owner of the vehicle, unless the vehicle (or parts thereof) is in such condition that identification numbers are not available to determine ownership.
C. If such a request for hearing is not received within ten days after personal service or mailing of the notice of intention to abate and remove, the county shall abate and remove the vehicle (or parts thereof) as a public nuisance without holding a public hearing.
D. All hearings under this chapter shall be held before the hearing officer, who shall hear all facts and testimony deemed pertinent. The facts and testimony may include testimony on the condition of the vehicle (or parts thereof) and the circumstances concerning the vehicle’s location on the private property or public property. The hearing officer shall not be limited by the technical rules of evidence. The owner of the land on which the vehicle is located, or the owner of the vehicle (or parts thereof), or both, may appear in person at the hearing or present a written statement for consideration at the hearing.
E. The hearing officer may impose such conditions and take such action as deemed appropriate under the circumstances to carry out the purpose of this chapter. This may delay the time for removal of the vehicle (or parts thereof) if, in the opinion of the hearing officer, the circumstances justify the delay.
F. At the conclusion of the public hearing, the hearing officer may find that a vehicle (or parts thereof) has been abandoned, dismantled, inoperable or wrecked and left on private or public property and order the same removed from the property as a public nuisance and disposed of as provided in this chapter and determine the administrative costs and the costs of removal to be charged against the owner of the parcel of land on which the vehicle (or parts thereof) is located. If the owner of the vehicle can be determined, the hearing officer may allocate up to one-half of the administrative costs and the costs of removal to be charged against the owner of the vehicle. The order requiring removal shall include a description of the vehicle (or parts thereof) and the correct identification number and license number of the vehicle, if available at the site.
G. If it is determined at the hearing that the vehicle was placed upon the land without the consent of the owner of the land and that he/she has not later approved or accepted its presence, the hearing officer shall not assess costs of administration or removal of the vehicle against the property upon which the vehicle is located or otherwise attempt to collect such costs from such land owner. Such costs shall be charged against and collected from the owner of the vehicle.
H. If the owner of the land or the owner of the vehicle makes a written presentation to the hearing officer, but does not appear, he/she shall be informed in writing of the decision.
I. The owner of the land or the owner of the vehicle, or both, can appeal the decision of the hearing officer by filing a notice of appeal and request for hearing with the board of supervisors within fifteen days of the decision. The appeal to the board of supervisors shall be conducted as provided in Chapter 8.02 of this code. (Ord. 613 § 1(part), 2006).

The vehicle (or parts thereof) may be disposed of by removal to a wrecking or dismantling yard or junkyard five days after adoption of the order declaring the vehicle (or parts thereof) to be a nuisance, or five days from the date of mailing of the decision, whichever is later. After a vehicle is removed, it shall not thereafter be reconstructed or made operable unless it is a vehicle that qualifies for either “horseless carriage” or “historical vehicle” license plates pursuant to the California Vehicle Code. (Ord. 613 § 1(part), 2006).

Within five days after the date of removal of the vehicle (or parts thereof), the code enforcement division shall send notice to the Department of Motor Vehicles, which shall identify the vehicle (or parts thereof) removed. At the same time, the code enforcement division shall transmit to the Department of Motor Vehicles any evidence of registration available, including registration certificates, certificates of title, and license plates. (Ord. 613 § 1(part), 2006).

If the administrative costs and the costs of removal which are charged against the owner of the land pursuant to Section 10.34.080 of this chapter are not paid within thirty days of the date of the order, such costs shall be assessed against the parcel of land pursuant to Government Code Section 25845, with such assessment having the same priority as other county tax assessments. If any share of the administrative costs and the costs of removal are charged against the owner of the vehicle, and the owner of the vehicle owns any parcel of land within the county of Madera, such costs shall be assessed against that parcel pursuant to Government Code Section 25845. (Ord. 613 § 1(part), 2006).