ABANDONED VEHICLE ABATEMENT PROGRAM DEFINITION OF TERMS
- ABANDONED VEHICLE
- DISMANTLED VEHICLE
- INOPERATIVE VEHICLE
- PRIVATE PROPERTY
- PUBLIC NUISANCE VEHICLE
- PUBLIC PROPERTY
- WRECKED VEHICLE
- SERVICE AUTHORITY
1. "ABATEMENT COSTS" or
"COSTS OF ABATEMENT" means
the direct cost or expense to the County for removing, correcting, or
otherwise abating any violation of this Chapter.
2. "ADMINISTRATIVE COSTS"
or "COSTS OF
ADMINISTRATION" means the cost to the County of performing the various
administrative acts required under this Chapter with regard to the abatement
of a public nuisance, including without limitation, administrative overhead,
salaries and expenses incurred by County officers, employees and contractors
for performing services such as site inspections, investigations, summaries,
reports, notices, telephone contacts and correspondence, and conducting
hearings, as well as time expended by County staff in calculating the above
expenses and preparing itemized invoices showing such expenses.
Administrative Cost and Costs of Administration also include the cost of the
Administrative Law Judge, the cost of time and expenses associated with
bringing the matter to hearing, the costs associated with any appeals from
the decisions of the Administrative Law Judge, the costs of judicially
abating a violations, the cost of securing expert and other witnesses, and
3. "AFFECTED DEPARTMENT" means any County
department that has the responsibility to administer or enforce other
provisions of this Code.
4. "BOARD" means the Board of Supervisors of the County
5. "CODE" means the Yuba County Ordinance Code.
Top of Page
6. "CODE ENFORCEMENT OFFICER" means any person
employed by the County of Yuba and assigned to the position of Code
7."CONTIGUOUS PROPERTIES" means any two (2)
parcels of real property which share a mutual boundary. Property shall be
considered as contiguous units even if it is separated by roads, streets,
utility easements or railroad right-of-way.
means the County of Yuba, acting by and
through the Board of Supervisors or any County department or official.
9."DAY" means calendar day.
10."DIRECTOR" means the Director of the County
Department that has been assigned responsibility for administration of code
enforcement services in the County and his or her designee.
11."ENFORCEMENT OFFICIAL" means any officer,
employee, or department head of the County or other public agency charged
with the duty of enforcing County ordinances or laws of the State of
California and specifically includes the Director and Code Enforcement
12. "JUNK" includes, but is not limited to, any cast-off,
damaged, discarded, junked, obsolete, salvaged, scrapped, unusable, work-out
or wrecked asphalt, brick, carbon, cement, plastic or other synthetic
substance, fiber, glass, metal, paper, plaster, plaster of Paris, rubber,
terra cotta, wool, wood, cloth, canvas, organic matter, or other substance
which is ready for destruction or has been collected or stored for salvage
or conversion to some use.
Top of Page
13."OCCUPIED PREMISES" means any property which is
used as, or supports, a residence on a permanent or intermittent basis. Such
property may include, but is not limited to, any property which functions as
a venue for any legal activity such as camping, picnicking, gardening or
gatherings by, or with the permission of, its owner(s) and which shall also
"OCCUPANT" means the person or
persons occupying or otherwise in real or apparent charge and control of the
15."OWNER" means the person or persons in whom is vested
the ownership of, dominion over, or title to real property.
16. "PREMISES" means the real property of the alleged
Violator, including Contiguous Properties,
and/or any buildings, structures or other improvements situated thereon or
affixed thereto, where any
violation of any of the provisions of the Yuba County Ordinance Code has or
is suspected to have
occurred or is or is suspected to be occurring. The premises may include
public property to which an
alleged Violator has access.
17. "PROOF OF SERVICE"
means a form which is prepared in
compliance with Code of Civil
Procedure section 1011, et seq., on which an Enforcement Official or
employee enters information
specifying the method employed to convey documentation, information, orders
or notices to a Violator,
alleged Violator, or any other entity as required under this Chapter along
with the date of such
conveyance, and the signature of the individual effecting such conveyance.
18. "REAL PROPERTY" includes all the surface or subsurface
areas described in the most recently
recorded deed or deeds relating to such property and all improvements on the
Top of Page
19. "VIOLATOR" means an adult owner, tenant, occupant,
resident or other person having
possession, control or any other ownership interest in or who has otherwise
obtained access to a premises
on which an offending condition exists, excluding persons having only a
security interest in the premises or
those persons who are exempted in Section 7.36.220 subsection (c) of this
Chapter, who is/are determined
to have violated or to be in violation of any of the provisions of the Yuba
County Ordinance Code. There
may be one or more Violators as to any particular premises.
ABANDONED VEHICLE ABATEMENT PROGRAM
DEFINITION OF TERMS
1. "ABANDONED VEHICLE" A vehicle is considered to be
"abandoned" if it is left on a highway, public property, or private property
in such inoperable or neglected condition that the owner's intent to
relinquish all further rights or interests in it may be reasonably
2. "DISMANTLED VEHICLE" Any vehicle that is
partially or wholly disassembled.
3. "INOPERATIVE VEHICLE" Any motor vehicle that
cannot be moved under its own power.
4. "PRIVATE PROPERTY" Property that belongs absolutely
to an individual and that person has the exclusive right of disposition.
Property of a specific, fixed, and tangible nature, capable of being
possessed and transmitted to another, such as houses, lands, vehicles, etc.
5. "PUBLIC NUISANCE VEHICLE" Any vehicle that
is abandoned, wrecked, dismantled, or any inoperative part thereof that is
on public or private property, not including highways, and that create a
condition tending to reduce the value of private property, promotes blight
and deterioration, invites plundering, creates fire hazards, constitutes an
attractive nuisance endangering the health and safety of minors, harbors
rodents and insects, or jeopardizes health, safety, and general welfare is a
Top of Page
6. "PUBLIC PROPERTY"
This term is commonly used as a
designation of those things which are considered owned by the "public", the
state or community, and not restricted to dominion of a private person. it
may also apply to any property owned by a state, nation, or municipality.
7. "SERVICE AUTHORITY" A service authority for
the abatement of abandoned vehicles may be established, and a one dollar
vehicle registration fee imposed, in any county if the board of
supervisors of the county, by a two-thirds vote, and a majority of the
cities having a majority of the incorporated population within the county
have adopted resolutions providing for the establishment of the authority
and imposition of the fee. The membership of the authority shall be
determined by concurrence of the board of supervisors and a majority vote of
the majority of the cities within the county having a majority of the
incorporated population. The authority may contract and may undertake any
act convenient or necessary to carry out any law relating to the authority.
The authority shall be staffed by existing personnel of the city, county, or
county transportation commission.