This chapter shall be known and cited as the “South San Francisco Abandoned Vehicle Abatement Ordinance.”
(Ord. 783 § 19, 1979; Ord. 820 § 2, 1980)
In addition to and in accordance with the determination made and the authority granted by the state of California under Section 22660 of the Vehicle Code to remove abandoned, wrecked, dismantled or inoperative vehicles or parts thereof as public nuisances, the city council 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 including highways, is found to create a condition tending to reduce the value of private property, to promote blight and constitute an attractive nuisance creating a hazard to the health and safety of minors, to create a harborage for rodents and insects, and to be injurious to the health, safety and general welfare. Therefore, the presence of an abandoned, wrecked, dismantled or inoperative vehicle, or parts hereof, on private or public property including highways, except as expressly permitted in this chapter, is declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this chapter.
(Ord. 783 § 1(part), 1979; Ord. 1125 § 1, 1993)
As used in this chapter, the following definitions shall apply:
means the city manager or person or persons designated by the city manager.
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.
means the chief of police or officer designated by the chief of police.
means the owner of the land on which the vehicle, or parts thereof, is located, as shown on the last equalized assessment roll.
means the last registered owner and legal owner of record.
does not include “highway.”
means a device by which any person or property may be propelled, moved, or drawn upon a highway, except a device moved by human power or used exclusively upon stationary rails or tracks.
(Ord. 783 § 1(part), 1979)
(a)
This chapter shall not apply to the following:
(1)
A vehicle, or parts thereof, which is completely enclosed within a building in a lawful manner so that it is not visible from the highway or other public or private property;
(2)
A vehicle, or parts thereof, which is located behind a solid fence six feet in height or which is not plainly visible from a highway;
(3)
A vehicle, or parts thereof, which is stored or parked in a lawful manner on private property in connection with the business of a licensed auto dismantler, vehicle dealer or junk dealer, or when such storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise.
(Ord. 783 § 2, 1979; Ord. 820 § 1, 1980; Ord. 1033 § 4, 1988)
This chapter is not the exclusive regulation of abandoned, wrecked, dismantled or inoperative vehicles within the city. It shall supplement and be in addition to the other regulatory codes, statutes, and ordinances heretofore or hereafter enacted by the city, the state, or any other legal entity or agency having jurisdiction.
(Ord. 783 § 3, 1979)
Except as otherwise provided in this chapter, the provisions of this chapter shall be administered and enforced by the locally designated officer. In the enforcement of this chapter, such officer and his deputies may enter upon a highway or private or public property to examine a vehicle or parts thereof, or obtain information as to the identity of a vehicle and to remove or cause the removal of a vehicle or parts thereof declared to be a nuisance pursuant to this chapter.
(Ord. 783 § 4, 1979; Ord. 1125 § 2, 1993)
When the city council 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 a vehicle or parts thereof declared to be a nuisance pursuant to this chapter.
(Ord. 783 § 5, 1979)
The city council shall, from time to time, determine and fix by resolution an amount to be assessed as administrative costs, excluding the actual cost of removal of any vehicle or parts thereof under this chapter. Said costs shall be published in the master fee schedule of the city.
(Ord. 783 § 6, 1979; Ord. 912 § 11, 1982)
Upon discovering the existence of an abandoned, wrecked, dismantled or inoperative vehicle, or parts thereof, on a highway or private or public property within the city, the locally designated officer shall have the authority to cause the abatement and removal thereof in accordance with the procedure prescribed in this chapter.
(Ord. 783 § 7, 1979; Ord. 1125 § 3, 1993)
After a vehicle has been removed from public or private property under this chapter, it shall not be reconstructed or made operable, unless it is a vehicle that qualifies for either horseless carriage license plates or historical vehicle license plates, pursuant to Vehicle Code Section 5004, in which case the vehicle may be reconstructed or made operable.
(Ord. 1242 § 2, 1999)
(a)
A ten-day notice of intention to abate and remove the vehicle, or parts thereof, as a public nuisance shall be mailed by registered mail to the owner of the land and to the owner of the vehicle.
(b)
A notice of intention is not required when any of the following conditions is satisfied:
(1)
The vehicle is in such condition that identification numbers are not available to determine ownership;
(2)
The property owner and owner of the vehicle have signed releases authorizing removal and waiving further interest in the vehicle or part thereof;
(3)
The removal of a vehicle or a part thereof is in operable due to the absence of a motor, transmission, or wheels and is incapable of being towed, the vehicle or part thereof is valued at less than two hundred dollars by a person specified in Vehicle Code Section 22855, and is determined by the city to be a public nuisance presenting an immediate threat to public health or safety, provided that the property owner has signed a release authorizing removal and waiving further interest in the vehicle or part thereof.
(c)
Prior to final disposition under Vehicle Code Section 22662 of such a low-valued vehicle or part thereof for which evidence of registration was recovered, notice shall be provided to the registered and legal owners of intent to dispose of the vehicle or part thereof. If the vehicle or part thereof is not claimed and removed within twelve days after the notice is mailed, final disposition may proceed.
(d)
The notices of intention shall be in substantially the following forms:
NOTICE OF INTENT TO ABATE AND REMOVE AN ABANDONED, WRECKED, DISMANTLED, OR INOPERATIVE VEHICLE OR PARTS THEREOF AS A PUBLIC NUISANCE | |
To: ___________________________________ | |
Name of Owner | |
___________________________________ | |
Address | |
As owner shown on the last equalized assessment roll of the land located at __________, you are hereby notified that the undersigned, pursuant to Section __________of Ordinance No. __________has determined that there exists upon said land an abandoned, wrecked, dismantled or inoperative vehicle, or parts thereof, registered to __________, license number __________, which constitutes a public nuisance pursuant to the provisions of Ordinance No. __________. | |
You are hereby notified to abate said nuisance by the removal of said vehicle, or parts thereof, within 10 days from the date of mailing of this notice, and upon your failure to do so the City of South San Francisco will enter said land to abate and remove the vehicle, or parts thereof, and the costs thereof, together with administrative costs, assessed to you as owner of the land on which said vehicle, or parts thereof, is located. Upon abatement and removal by the City of South San Francisco, the vehicle, or parts thereof, will be treated as follows: ____________________[brief description of consequences of abatement, e.g. destroyed, sold, stored]. | |
As owner of the land on which said vehicle, or parts thereof, is located, you are hereby notified that you may, within 10 days after the mailing of this notice of intention, request a public hearing and if such request is not received by the hearing officer within such 10-day period, the locally designated officer shall have the authority to enter said land and abate and remove said vehicle, or parts thereof, as a public nuisance and assess the costs of aforesaid without a public hearing. You may submit a sworn, written statement within such 10-day period denying responsibility for the presence of said vehicle, or parts thereof, on said land, with your reasons for denial, and such statement shall be construed as a request for a hearing at which your presence is not required. You may appear in person at any hearing requested by you or the owner of the vehicle or, in lieu thereof, may present a sworn written statement as aforesaid in time for consideration at such hearing. | |
Notice Mailed | |
____________________ Date | [s]____________________ |
NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED, WRECKED, DISMANTLED OR INOPERATIVE VEHICLE OR PARTS THEREOF AS A PUBLIC NUISANCE | |
To: | |
Name of last registered owner of record | Name of last legal owner of record |
Address | Address |
As last registered (and/or legal) owner of record of the following described vehicle: Make __________, Model __________, License Number __________, you are hereby notified that the undersigned, pursuant to Section __________of Ordinance No. __________, has determined that said vehicle or parts of a vehicle exists as an abandoned, wrecked, dismantled or inoperative vehicle located at __________, and that said vehicle or parts of a vehicle located on public or private property constitute a public nuisance pursuant to the provisions of Ordinance No. __________. | |
You are hereby notified to abate said nuisance by the removal of said vehicle or parts of a vehicle within 10 days from the date of mailing of this notice. | |
As registered (and/or legal) owner of record of said vehicle or parts of a vehicle, you are hereby notified that you may, within 10 days after the mailing of this notice of intention, request a public hearing, and if such request is not received by the hearing officer within such a 10-day period, the locally designated officer shall have the authority to enter said land and abate and remove said vehicle or parts of a vehicle without a hearing. Upon abatement and removal by the City of South San Francisco, the vehicle, or parts thereof, will be treated as follows: _________________________ [brief description of consequences of abatement, e.g. destroyed, sold, stored]. | |
Notice Mailed | [s]____________________" |
____________________ Date | |
(Ord. 783 § 8, 1979; Ord. 1242 § 1, 1999)
(a)
Upon request by the owner of the vehicle or owner of the land received by the locally designated officer within ten days after the mailing of the notice of intention to abate and remove, a public hearing shall be held by the hearing officer on the question of abatement and removal of the vehicle or parts thereof as an abandoned, wrecked, dismantled or inoperative vehicle, and the assessment of the administrative costs and the cost of removal of the vehicle or parts thereof against the property on which it is located.
(b)
If the owner of the land submits a sworn, written statement denying responsibility for the presence of the vehicle on his land within such ten-day period, said statement shall be construed as a request for a hearing which does not require his presence. Notice of the hearing shall be mailed, by registered mail, at least ten days before the hearing, 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. If such a request for hearing is not received within said ten days after mailing of the notice of intention to abate and remove, the city shall have the authority to abate and remove the vehicle or parts thereof as a public nuisance without holding a public hearing.
(Ord. 783 § 9, 1979)
A.
All hearings under this chapter shall be held before the hearing officer who shall hear all facts and testimony he deems pertinent. Said facts and testimony may include testimony on the condition of the vehicle or parts thereof and the circumstances concerning its 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 may appear in person at the hearing or present a sworn written statement in time for consideration at the hearing, and deny responsibility for the presence of the vehicle on the land, with his reasons for such denial.
B.
The hearing officer may impose such conditions and take such other action as he deems appropriate under the circumstances to carry out the purpose of this chapter. He may delay the time for removal of the vehicle or parts thereof if, in his opinion, the circumstances justify it. At the conclusion of the public hearing, the hearing officer may find that a vehicle or parts 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 and disposed of as hereinafter provided and determine the administrative costs and the cost of removal to be charged against the owner of the land. 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.
C.
If it is determined at the hearing that the vehicle was placed on the land without the consent of the owner of the land and that he has not subsequently acquiesced in its presence, the hearing officer shall not assess the 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 owner of the land.
D.
If the owner of the land submits a sworn, written statement denying responsibility for the presence of the vehicle on his land but does not appear, or if an interested party makes a written presentation to the hearing officer but does not appear, he shall be notified in writing of the decision.
(Ord. 783 § 10, 1979)
(a)
Any interested party may appeal the decision of the hearing officer by filing a written notice of appeal with the hearing officer within five days after his decision. Such appeal shall be heard by the city council who may affirm, amend, or reverse the order or take other action deemed appropriate.
(b)
The hearing officer shall give written notice of the time and place of the hearing to the appellant and those persons specified in Section 8.48.090.
(c)
In conducting the hearing, the city council shall not be limited by the technical rules of evidence.
(Ord. 783 § 11, 1979)
Five days after adoption of the order declaring the vehicle or parts thereof to be a public nuisance, five days from the date of mailing of notice of the decision if such notice is required by Section 8.48.110, or fifteen days after such action of the governing body authorizing removal following appeal, the vehicle or parts thereof may be disposed of by removal to a scrapyard or automobile dismantler’s yard. If the local agency determines that commercial channels of disposition are not available or are inadequate, it may dispose of the vehicles by removal to any suitable site operated by it. The local agency may make final disposition of such vehicles or parts thereof or may transfer such vehicles or parts to another, provided such disposal is only for scrap. After a vehicle has been removed it shall not thereafter be reconstructed or made operable.
(Ord. 783 § 12, 1979)
(a)
Within five days from the date of removal of the vehicle or parts thereof, notice shall be given to the Department of Motor Vehicles identifying the vehicle or parts thereof removed. At the same time there shall be transmitted to the Department of Motor Vehicles any evidence of registration available, including registration certificates, certificates of title and license plates.
(b)
Immediately after removal of the vehicle, the public agency which removed, or caused removal of, the vehicle shall notify the State Vehicle System of the Department of Justice in Sacramento of the removal.
(Ord. 783 § 13, 1979; Ord. 1125 § 4, 1993)
If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to Section 8.48.110 are not paid within thirty days of the date of the order, or the final disposition of an appeal therefrom, such costs shall be assessed against the parcel of land pursuant to Section 38773.5 of the Government Code, and shall be transmitted to the tax collector for collection. Said assessment shall have the same priority as other city taxes.
(Ord. 783 § 14, 1979)
(a)
It is unlawful and an infraction for any person to abandon, park, store or leave or permit the abandonment, parking, storing or leaving of any licensed or unlicensed vehicle or parts thereof which is in an abandoned, wrecked, dismantled or inoperative condition upon any private property or public property including highways within the city for a period in excess of ten days unless such vehicle or parts thereof is completely enclosed within a building in a lawful manner where it is not plainly visible from the street or other public or private property, or unless such vehicle is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, licensed vehicle dealer or a junkyard.
(b)
It is unlawful and an infraction for any person to fail or refuse to remove an abandoned, wrecked, dismantled or inoperative vehicle or parts thereof or refuse to abate such nuisance when ordered to do so in accordance with the abatement provisions of this chapter or state law where such state law is applicable.
(Ord. 783 §§ 15, 16, 1979; Ord. 1125 § 5, 1993)
(a)
Any person violating any provision of this chapter shall be guilty of an infraction and upon conviction shall be subject to payment of a fine not to exceed the limits set forth in Section 36900 of the Government Code.
(b)
Any person violating any provision of this chapter shall be guilty of a separate offense for each and every day during which the violation is committed.
(Ord. 783 § 17, 1979; Ord. 1033 § 4, 1988)