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.
(b)
Nothing
in this section shall authorize the maintenance of a public or private
nuisance as defined under provisions of law other than Chapter 10
(commencing with Section 22650) of Division 11 of the Vehicle Code,
and this chapter.
(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:
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NOTICE OF INTENT TO ABATE AND
REMOVE AN ABANDONED, WRECKED,
DISMANTLED, OR INOPERATIVE
VEHICLE OR PARTS THEREOF AS
A PUBLIC NUISANCE
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To: ___________________________________
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Name of Owner
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___________________________________
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Address
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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. __________.
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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].
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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.
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Notice Mailed
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____________________
Date
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[s]____________________
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NOTICE OF INTENTION TO ABATE AND
REMOVE AN ABANDONED, WRECKED,
DISMANTLED OR INOPERATIVE VEHICLE
OR PARTS THEREOF AS A PUBLIC
NUISANCE
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To:
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Name of last registered owner of record
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Name of last legal owner of record
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Address
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Address
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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. __________.
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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.
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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].
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Notice Mailed
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[s]____________________"
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____________________
Date
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(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)
