Issue link: https://www.epageflip.net/i/701112
LEGAL NOTICE ORDINANCE NO. 2026 AN ORDINANCE OF THE BOARD OF SUPERVISORS OF THE COUNTY OF TEHAMA AMENDING CHAPTER 9.02 OF THE TEHAMA COUNTY CODE RELATING TO ABANDONED VEHICLE ABATEMENT THE BOARD OF SUPERVISORS OF THE COUNTY OF TEHAMA OR- DAINS AS FOLLOWS: SECTION 1. Section 9.02.010 of the Tehama County Code is hereby repealed. read: SECTION 2. Section 9.02.010 is hereby added to the Tehama County Code to 9.02.010 - Abandoned vehicles as nuisances. In addition to and in accordance with the determination made and the authority granted by the State of California under Vehicle Code Sections 22660, 26661 and 22710 to remove abandoned, wrecked, dismantled or inopera- tive vehicles or parts thereof as public nuisances, the Board of Supervisors of the County of Tehama makes the following findings and declaration: The accumulation and storage of abandoned, wrecked, dismantled, or inoperative vehi- cles, and/or parts thereof on pri- vate or public property creates a condition tending to reduce the value of private property, to promote blight and deteriora- tion, to invite plundering, to cre- ate 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, to be in- jurious to the health, safety and general welfare of the residents of Tehama County. Therefore, the presence of an abandoned, wrecked, dismantled or inopera- tive vehicle or parts thereof, on private or public property, ex- cept as expressly permitted in this chapter constitutes a public nuisance which may be abated as such in accordance with the provisions of this chapter. SECTION 3. Section 9.02.020 of the Tehama County Code is hereby repealed. SECTION 4. Section 9.02.020 is hereby added to the Tehama County Code to read: 9.02.020 - Definitions. As used in this chapter, the fol- lowing words and phrases are defined as set out in this sec- tion: A. "Highway" shall mean a way or place of whatever nature, publicly maintained and opened to the use of the public for pur- poses of vehicular travel. High- way shall include street. B. "Landowner" shall mean the owner of the property on which the abandoned, wrecked, dismantled or inoperative vehicle(s), or parts thereof, is lo- cated, as shown on the last equalized assessment roll. C. "Occupant" shall mean the occupant of the property on which the abandoned, wrecked, dismantled or inoperative vehicle(s), or parts thereof, is lo- cated. D. "Vehicle Owner" shall mean the last registered owner and le- gal owner of record of the sub- ject vehicle. E. "Vehicle" shall mean a de- vice by which any person or property may be propelled, moved, or drawn upon a high- way except a device moved by human power or used exclusive- ly upon stationary rails or tracks. "Vehicle" does not in- clude usable farm equipment lo- cated on land used for agricul- tural purposes. SECTION 4. Section 9.02.030 of the Tehama County Code is hereby repealed. SECTION 5. Section 9.02.030 is hereby added to the Tehama County Code to read: 9.02.030 - Exceptions. This chapter shall not apply to: A. A vehicle, or part there- of, which is completely enclosed within a building in a lawful manner where it is not visible from the highway or other pub- lic or private property; B. A vehicle, or part there- of, which is not completely en- closed within a building, but is at all times completely screened from unaided view from neigh- boring properties or public ways by vegetation, solid wood or ma- sonry fence, solid cover, or oth- erwise with the approval of the county vehicle abatement offi- cer; C. A vehicle, or part thereof, which is at all times completely covered by a custom- fitted tar- paulin or similar covering; and D. A vehicle, or part thereof, which is stored or parked in a lawful manner on private prop- erty in connection with the busi- ness of a licensed dismantler as defined by Vehicle Code Section 220, licensed vehicle dealer as defined in Vehicle Code Section 285 , or a lawfully permitted junkyard as defined by Tehama County Code Section 17.04.320; E. Nothing in this section authorizes the maintenance of a public or private nuisance as defined under provision of law other than Chapter 10 (com- mencing with Section 22650) Di- vision 11 of the Vehicle Code and this Chapter. A vehicle cit- ed for a 72-hour parking viola- tion pursuant to Vehicle Code section 22651, subdivision (k), and a ve- hicle cited for expired registra- tion longer than six (6) months, pursuant to Vehicle Code sec- tion 22651, subdivision (o) con- stitute nuisances under the Chapter, but are not subject to the noticing requirements here- in, and shall be abated by the enforcing officer pursuant to the Vehicle Code. SECTION 6. Section 9.02.040 of the Tehama County Code is hereby repealed. SECTION 7. Section 9.02.040 is hereby added to the Tehama Code read: hereby County Code to read: 9.02.040 – Cumulative Regulation and Remedy. The provisions of this chapter are supplementary to, and cu- mulative with, all other regula- tions and/or remedies provided in the Tehama County Code and applicable state law. Nothing herein shall be read, interpreted or construed in any manner so as to limit any existing right or power of the County of Tehama or any other authorized govern- mental entity to enforce county ordinances, abate any and all nuisances, or employ any reme- dy otherwise available at law or in equity. SECTION 8. Section 9.02.050 of the Tehama County Code is hereby repealed. SECTION 9. Section 9.02.050 is hereby added to the Tehama County Code to read: 9.02.050 – Enforcing officer. A. As used in this chap- ter, "enforcing officer" shall mean the Director of Environ- mental Health, Sheriff, and any person employed by the County of Tehama and appointed to the position of code enforcement of- ficer, as established by Tehama County Resolution Number 125- 1991, each of whom is independ- ently authorized to enforce this chapter. B. Whenever necessary to ascertain and/or abate any vio- lation of the provisions of this chapter, or whenever there is reasonable cause to believe that there exists a violation of this chapter, the enforcing officer may enter onto any premises or into any building upon presenta- tion of proper credentials to the Landowner and/or the occu- pant thereof. Notwithstanding the foregoing, the enforcing of- ficer may enter onto any prem- ises or into any building under authority of warrant issued pur- suant to Code of Civil Procedure sections 1822.50 et seq. SECTION 10. Section 9.02.060 of the Tehama County Code is hereby repealed. SECTION 11. Section 9.02.060 is hereby added to the Tehama County Code to read: 9.02.060 - Duty of Landowners and occupants. No person or entity shall cause, permit, maintain, conduct or otherwise suffer or allow a pub- lic nuisance as defined in this chapter to exist within the unin- corporated limits of the County of Tehama. It shall be the duty of every Landowner, occupant, and person that controls any land or interest therein within the unincorporated area of the uisance upon such land. Such duty of a Landowner shall exist regardless of whether the Land- owner is in actual possession of his or her real property, and may include an obligation to take action to evict or otherwise remove an occupier who creates a public nuisance upon the Landowner's property. SECTION 12. Section 9.02.070 of the Tehama County Code is hereby repealed. SECTION 13. Section 9.02.070 is hereby added to the Tehama County Code to read: 9.02.070 - Notice to Abate Public Nuisance and Administrative Or- der to Show Cause. Whenever the enforcing officer determines that a nuisance as described in this chapter exists on any real property within the unincorporated area of Tehama County, he or she is authorized to issue a "Notice to Abate Pub- lic Nuisance and Administrative Order to Show Cause" in accord- ance with this chapter. SECTION 14. Section 9.02.080 of the Tehama County Code is hereby repealed. SECTION 15. Section 9.02.080 is hereby added to the Tehama County Code to read: 9.02.080 – Contents of Notice to Abate Public Nuisance and Ad- ministrative Order to Show Cause. The notice set forth in Section 9.02.070 shall be in writing and shall: A. Identify the recipients: 1. Identify the Landowner(s) of the property upon which the nuisance exists, as named in the records of the county assessor, and identify the occupant(s), if other than the Landowner(s), and if known or reasonably identifiable; 2. Identify the Vehicle Owner(s) of the subject vehicle, and/or parts thereof, constituting a nui- sance under this chapter, unless the vehicle and/or parts thereof is in such a condition that iden- tification numbers are not avail- able to determine ownership; B. Describe the location of such property by its commonly used street address, giving the name or number of the street, road or highway and the number, if any, of the property; C. Identify such property by ref- erence to the assessor's parcel number; D. Contain a statement that an abandoned, wrecked, dismantled, or inoperative vehi- cle, and/or parts thereof, exists on the property and that it has been determined by the enforc- ing officer to be a public nui- sance described in this chapter; E. Describe the abandoned, wrecked, dismantled, or inoper- ative vehicle, and/or parts thereof, that exists and the action(s) required to abate it; Landowner(s), occupant(s), and/or Vehicle Owner(s) must abate the nuisance within ten (10) calendar days after the date that said notice was served and describing the action(s) re- quired to abate the nuisance conditions; G. If the Notice to Abate Public Nuisance and Administrative Or- der to Show Cause is combined with a Notice of Violation and Proposed Administrative Penal- ty pursuant to Section 10.16.200, contain a statement that the Landowner(s), occupant(s), and/or Vehicle Owner(s) must abate the nuisance within ten (10) calendar days after the date (10) calendar days after the date that said notice was served and describing the action(s) re- quired to abate the nuisance conditions; H. Notify the recipient(s) that, unless the Landowner(s), occupant(s), and/or Vehicle Owner(s) abates the nuisance conditions, a hearing will be held before the Tehama County Planning Commission to deter- mine whether there is any good cause why these conditions should not be abated. The no- tice shall specify the date, time, and location of this hearing, and shall state that the Landowner(s), occupant(s), and/or Vehicle Owner(s) will be given an opportunity at the hearing to present and elicit tes- timony and other evidence re- garding whether the conditions existing on the property consti- tute a n uisance under this chap- ter, or whether there is any oth- er good cause why those condi- tions should not be abated. The Landowner(s), occupant(s), and/or Vehicle owner(s) may, in lieu of appear- ing at the hearing, submit a sworn statement to the Clerk of the Planning Commission deny- ing responsibility for the pres- ence of the subject vehicle(s), and/or part(s) thereof, consti- tuting a nuisance on the proper- ty. I. Contain a statement that, unless the Landowner(s), occupant(s), and/or Vehicle Owner(s) abates the nuisance conditions, or shows good cause before the Planning Commission why these conditions should not be abated, the enforcing officer will abate the nuisance. It shall also state that the abatement costs, including administrative costs, may be made a special assessment added to the county assessment roll and become a lien on the real property, or be placed on the unsecured tax roll. SECTION 16. Section 9.02.090 of the Tehama County Code is hereby repealed. SECTION 17. Section 9.02.090 is hereby added to the Tehama County Code to read: 9.02.090 - Service of Notice to Abate Public Nuisance and Ad- ministrative Order to Show Cause. The notice shall be served in the following manner: A. By cer- tified mail, addressed to the: 1. Landowner(s) at the address shown on the last equalized as- sessment roll or as otherwise known to the enforcing officer, and 2. Vehicle Owner(s) at the ad- dress shown on the last regis- tered and legal owners of record document unless the vehicle(s), and/or part(s) thereof, is in such condition that identification numbers are not available to de- termine ownership. Service shall be deemed to have been completed upon the de- posit of said notice, postage prepaid, in the United States mail; and B. By certified mail addressed to anyone known to the enforc- ing officer to be in possession of the property at the street ad- dress of the property subject to the notice, if the property is ca- pable of receiving mail. Service shall be deemed to have been completed upon the deposit of said notice, postage prepaid, in the United States mail; and C. By posting such notice con- spicuously in front of the prop- erty subject to the notice, or if the property has no frontage, upon any street, highway, or road then upon the portion of the property nearest to a street, highway, or road, or most likely to give actual notice to the own- er and any person known by the enforcing officer to be in pos- session of the property. SECTION 18. Section 9.02.100 of the Tehama County Code is hereby repealed. SECTION 19. Section 9.02.100 is hereby added to the Tehama County Code to read: 9.02.100 – Planning Commission hearing and recommended deci- sion. A. The Planning Commis- sion hearing shall be held in accordance with the provisions of Section 10.16.100 of the Tehama County Code and shall additionally include the Vehicle Owner(s). B. The Landowner(s), occupant(s), and/or Vehicle Owner(s) may appear in person at the hearing or present a writ- ten statement in time for con- sideration at the hearing, and deny responsibility for the pres- ence of the vehicle on the prop- erty, with reasons for such deni- al. C. If it is determined at the hearing that the vehicle and/or part thereof was placed on the property without the consent of the Landowner, and that he or she has not subsequently acqui- esced in its presence, the Plan- ning Commission shall not as- sess costs of abatement, includ- ing costs of administration, against the property upon which the vehicle is located, or other- wise attempt to collect such costs from such Landowner. D. The Clerk of the Planning Commission shall promptly transmit the recommended de- cision to the Board of Supervi- sors for consideration in accord- ance with Section 9.02.110. SECTION 20. Section 9.02.110 of the Tehama County Code is hereby repealed. SECTION 21. Section 9.02.110 is hereby added to the Tehama County Code to read: 9.02.110 - Board of Supervisors' decision. The Board of Supervisors shall review all recommendations by the Planning Commission in ac- cordance with the provisions of Section 10.16.110 of the Tehama County Code. SECTION 22. Section 9.02.120 of the Tehama County Code is hereby repealed. SECTION 23. Section 9.02.120 is hereby added to the Tehama Code read: hereby County Code to read: 9.02.120 - Abatement by Landowner(s), occupant(s), and/or Vehicle Owner(s). Any Landowner, occupant, and/or Vehicle Owner may abate the nuisance or cause it to be abated at any time prior to commencement of abatement by, or at the direction of, the en- forcing officer. Such abatement by any Landowner, occupant, and/or Vehicle Owner shall not impair the enforcing officer's ability to impose any adminis- trative penalty accrued prior to such abatement. SECTION 24. Section 9.02.130 of the Tehama County Code is hereby repealed. SECTION 25. Section 9.02.130 is hereby added to the Tehama County Code to read: 9.02.130 – Enforcement. A. Whenever the enforcing offi- cer becomes aware that a Land- owner, occupant, and/or Vehicle Owner has failed to abate any nuisance within fourteen (14) calendar days, or other time pe- riod as specified by the Board of Supervisors, of the date of serv- ice of the decision of the Board of Supervisors requiring such abatement, the enforcing officer may enter upon the property and abate the nuisance by coun- ty personnel, or by private con- tractor under the direction of the enforcing officer. The en- forcing officer may apply to a court of competent jurisdiction for a warrant authorizing entry upon the property for purposes of undertaking the work, if nec- essary. If any part of the work is to be accomplished by private contract, that contract shall be submitted to and approved by the purchasing agent or Board of Supervisors, as applicable, prior to commencement of work. Nothing herein shall be construed to require that any private contract under this code be awarded through competi- tive bidding procedures where such procedures are not re- quired by the general laws of the state of California. B. The enforcing officer will noti- fy the Department of Motor Ve- hicles in accordance with the provisions of Vehicle Code sec- tion 22661. SECTION 26. Section 9.02.140 of the Tehama County Code is hereby repealed. SECTION 27. Section 9.02.140 is hereby added to the Tehama County Code to read: 9.02.140 – Liability for costs. A. In any enforcement ac- tion brought pursuant to this chapter, each person who caus- es, permits, suffers, or main- tains the nuisance to exist shall be liable for all costs incurred by the county, including, but not limited to, administrative costs, and any and all costs incurred to undertake, or to cause or com- pel any responsible party to un- dertake, any abatement action in compliance with the require- ments of this chapter, whether those costs are incurred prior to, during, or following enact- ment of this chapter. B. If the costs of abate- ment, including costs of admin- istration, are not charged against the Landowner(s) and/or occupant(s) of the prop- erty on which the vehicle(s) and/or part(s) thereof is locat- ed, the presence of the vehicle(s) and/or part(s) thereof thereon shall constitute a prima facie presumption that the Vehi- cle Owner(s), having failed to comply with the provisions of Vehicle Code Section 5900, is responsible for abandoning the vehicle(s) and/or part(s) thereof without the express or implied consent of the Landowner(s) and/or occupant(s) of the property and is thereby liable for the costs of abatement, including costs of administration, of the vehicle(s) and/or part(s) thereof under Ve- hicle Code Sections 22523 and 22524. Such costs may be col- lected by appropriate civil ac- tion in the name of the County. C. In any action by the enforc- ing officer to abate a nuisance under this chapter, the prevail- ing party shall be entitled to a recovery of the reasonable at- torney's fees incurred. Recovery of attorneys' fees under this subdivision shall be limited to those actions or proceedings in which the county elects, at the initiation of that action or pro- ceeding, to seek recovery of its own attorney's fees. In no ac- tion, administrative proceeding, or special proceeding shall an award of attorneys' fees to a prevailing party exceed the amount of reasonable attorney's fees incurred by the county in the action or proceeding. SECTION 28. Section 9.02.150 of the Tehama County Code is hereby repealed. SECTION 29. Section 9.02.150 is hereby added to the Tehama County Code to read: 9.02.150 – Accounting. The enforcing officer shall keep an account of the cost of every abatement carried out and shall render a report in writing, item- ized by parcel, to the Board of Supervisors showing the cost of abatement and the administra- tive costs for each parcel. SECTION 30. Section 9.02.160 of the Tehama County Code is hereby repealed. SECTION 31. Section 9.02.160 is hereby added to the Tehama County Code to read: 9.02.160 - Notice of hearing on accounting; waiver by payment. Upon receipt of the account of the enforcing officer, the Clerk of the Board of Supervisors shall deposit a c opy of the account pertaining to the cost of abating a nuisance upon the Landowne- r's property. Such notice shall be in writing and shall be served in the following manner: A. By mail, addressed to the: 1. Landowner at the address shown on the last equalized as- sessment roll or as otherwise known to the enforcing officer. enforcing 2. Vehicle Owner(s) at the ad- dress shown on the last regis- tered and legal owners of record document unless the vehicle(s), and/or part(s) thereof, is in such condition that identification numbers are not available to de- termine ownership; and 3. Occupant at the address of the property where the vehicle and/or vehicle parts was locat- ed or if no address is available then by posting the notice in a conspicuous location on the property. Service shall be deemed to have been completed upon the de- posit of said notice, postage prepaid, in the United States mail; and B. By mail addressed to anyone known to the enforcing officer to be in possession of the property at the street address of the property subject to the no- tice, if the property is capable of receiving mail. Service shall be deemed to have been completed upon the deposit of said notice, postage prepaid, in the United States mail; and The notice shall inform the Landowner(s), occupant(s), and/or Vehicle Owner(s) that, at a date and time not less than five (5) business days after the date of mailing of the notice, the Board of Supervisors will meet to review the account and that the Landowner(s), occupant(s), and/or Vehicle Owner(s) may appear at said time and be heard. The Landowner(s), occupant(s), and/or Vehicle Owner(s) may waive the hearing on the accounting by paying the cost of abatement and the cost of administration to the enforc- ing officer prior to the time set for the hearing by the Board of Supervisors. Unless otherwise expressly stated by the owner, payment of the cost of abate- ment and the cost of adminis- tration prior to said hearing shall be deemed a waiver of the right thereto and an admission that said accounting is accurate and reasonable. SECTION 32. Section 9.02.170 is hereby added to the Tehama County Code to read: 9.02.170 - Hearing on accounting. A. At the time fixed, the Board of Supervisors shall meet to review the report of the en- forcing officer. A Landowner, oc- cupant, and/or Vehicle Owner may appear at said time and be heard on the questions whether the accounting, so far as it per- tains to the cost of abating a nuisance upon the land of the owner is accurate and the amounts reported reasonable. The cost of administration shall also be reviewed. B. The report of the en- forcing officer shall be admit- ted into evidence. The Landowner(s), occupant(s), and/or Vehicle Owner(s) shall bear the burden of proving that the accounting is not accurate and/or reasonable. SECTION 33. Section 9.02.180 is hereby added to the Tehama County Code to read: 9.02.180 - Modifications. The Board of Supervisors shall make such modifications in the accounting as it deems necessa- ry and thereafter shall confirm the report by resolution. SECTION 34. Section 9.02.190 is hereby added to the Tehama County Code to read: 9.02.190 - Special assessment and lien. The Board of Supervisors may order that the cost of abating a nuisance pursuant to this chap- ter and the administrative costs as confirmed by the Board be placed upon the county tax roll by the county auditor as special assessments against the re- spective parcels of land, or placed on the unsecured roll, pursuant to section 25845 of the Government Code; provided, however, that the cost of abate- ment and the cost of adminis- tration as finally determined shall not be placed on the tax roll if paid in full prior to entry of said costs on the tax roll. The Board of Supervisors may also cause notices of abatement lien to be recorded against the respective parcels of real property pursuant to section 25845 of the Government Code. SECTION 35. Section 9.02.200 is hereby added to the Tehama County Code to read: 9.02.200 – Non-contested aban- doned vehicle abatement; Re- lease authorizing removal. A. As an alternative to the procedures set forth in Sections 9.02.070 through 9.02.190, a Landowner, occupant, and/or Vehicle Owner may re- quest the enforcing officer re- move a vehicle, and/or parts thereof. Subject to and consis- tent with any rules and regula- tions of the Board of Supervi- sors, the enforcing officer, in his or her discretion, may limit the number of vehicles, and/or parts thereof, removed pursuant to this Section. Notwithstanding the foregoing, the enforcing offi- cer has no duty to remove any vehicle and/or part thereof. B. Except as provided in subdivision (C), the enforcing of- ficer may issue a Notice of Non- Contested Abandoned Vehicle Abatement containing the con- tents of the notice identified in Section 9.02.080, Subdivisions (A) through and including (E), and served in the manner set forth in Section 9.02.090. Said notice shall further state that (i) the Landowner(s), or occupant(s), and the Vehicle Owner(s) shall execute, and de- liver to the enforcing officer pri- or to removal, a signed Right of Entry, Abatement, and Indemni- fication Agreement authorizing the removal of the vehicle and/or parts thereof, and (ii) the Landowner(s), occupant(s), and/or Vehicle Owner(s) may at any time prior to the expiration of the ten (10) day notice peri- od, withdraw his or her con- sent to a non-contested aban- doned vehicle abatement by making a written request to the Department of Environmental Health. Upon receipt of such written request, the enforcing officer shall not be precluded from following the procedures forth in Sections i}> ÌVià i}> ÌVià i}> ÌVià i}> ÌVià i}> ÌVià i}> ÌVià i}> ÌVià i}> ÌVià i}> ÌVià i}> ÌVià | CLASSIFIEDS | REDBLUFFDAILYNEWS.COM THURSDAY, JULY 7, 2016 4 B