A. 
The provisions of this chapter shall be administered by the Sausalito Police Department. Whenever any provision of the California Vehicle Code (CVC) requires any hearing or other administrative procedure by a local agency prior to the decision to remove any vehicle or prior to the disposition of any towed, stored, removed or abandoned vehicle, that hearing or administrative procedure shall be conducted by the Chief of Police of the Sausalito Police Department, or by a captain of the Sausalito Police Department selected for such duty by the Chief of Police.
B. 
Vehicles removed pursuant to the provisions of this chapter or pursuant to the provisions of the California Vehicle Code shall be removed by persons or companies authorized to do so by the Sausalito Police Department or as authorized pursuant to the provisions of CVC Sections 22671 and 22710 and shall be removed to the place designated by the Chief of Police pursuant to the provisions of CVC Section 22850. Persons or companies so authorized by the Sausalito Police Department shall be permitted to enter onto private property for the purposes specified in this chapter to examine a vehicle or part specified in this chapter, to obtain information as to the identify of any vehicle or part thereof specified in this chapter, or to remove or cause the removal of a vehicle or part thereof declared to be a nuisance and authorized to be removed pursuant to the provisions of this chapter or otherwise by State or local law.
C. 
At the time of ordering a vehicle or part thereof removed, the Police Department shall, for the purpose of complying with CVC Section 22670, and subject to the provisions of Chapter 10 of Division 11 of the California Vehicle Code, determine if the estimated value of the vehicle is $300.00 or less, over $300.00 but $2,500 or less, or over $2,500.
D. 
Words and terms used in this chapter shall have their common meaning except that whenever the meaning of a term is not clear or is susceptible to several meanings, its meaning shall be determined by reference to any definition or other clarifying language in the California Vehicle Code.
(Ord. 1090 § 1, 1993)
A. 
An abandoned, wrecked, dismantled or inoperative vehicle, or parts thereof, which is placed, deposited, located or maintained on private or public property excluding public right-of-way is declared to be a public nuisance; provided, however, that this subsection shall not apply to wrecked, dismantled, or inoperative vehicles, or parts thereof, when the same are kept and maintained in connection with a licensed and legally operating service station, automotive repair shop or garage conducted in conformity with the provisions of all applicable ordinances of the City nor to any vehicle or part thereof which is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property or to a vehicle or part thereof which is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, licensed vehicle dealer or junkyard so long as the use of such property for such use complies with all applicable provisions of local law. The exceptions provided herein shall not authorize the maintenance of any public or private nuisance declared by any other provision of law or local ordinance and shall not result in permitting the maintenance of any nuisance declared under any other provision of local or State law.
B. 
An abandoned, wrecked, dismantled or inoperative vehicle, or parts thereof, which is placed, deposited, located or maintained on public right-of-way is declared to be a public nuisance.
(Ord. 1090 § 1, 1993)
A. 
The provisions of this section are intended in part to satisfy the requirements established by California Vehicle Code Section 22660, and is adopted by the authority established therein. The provisions of this section providing authority for the removal of specified vehicles or parts thereof from any public or private property are intended to supplement and not replace any other provisions of State or local law which provide authority for the removal of vehicles from any public or private property. The provisions of this section provide an alternative means to any other provision of law which may provide for the removal of vehicles or parts thereof affected by its provisions.
B. 
Any vehicle which is a public nuisance as defined by SMC § 15.08.010(A) may be removed from public or private property in accordance with the provisions of this section.
C. 
1. 
A 10-day notice of intention to abate and remove the vehicle or part thereof as a public nuisance shall be mailed, by registered or certified mail, to the owner of the land as shown on the last equalized assessment roll and to the last registered and legal owner of record unless the vehicle is in such condition that identification numbers are not available to determine ownership. Such notice shall contain a statement of the hearing rights of the owner of the property and the owner of the vehicle and shall include notice to the property owner that he/she may appear in person at a hearing or may present a sworn written statement denying responsibility for the presence of the vehicle on the land, with his or her reasons for such denial, in lieu of appearing.
2. 
The notice required by this subsection shall not be required if the property owner and the owner of the vehicle have signed releases authorizing removal of the vehicle and waiving further interest in the vehicle or part thereof.
3. 
The notice required by this subsection shall not be required for removal of a vehicle or part thereof which is located on property zoned agriculture or which is not improved with a residential structure containing as least one dwelling unit and which is inoperable due to the absence of a motor, transmission, or wheels and incapable of being towed, is valued at less than $200.00 by a person specified in CVC Section 22855, and is determined by the Police Department to be a public nuisance presenting an immediate threat to public peace, health or safety; provided, that the property owner has signed a release authorizing removal and waiving further interest in the vehicle or part thereof. Prior to final disposition under CVC Section 22662 of such low valued vehicle or part thereof for which evidence of registration was recovered pursuant to subsection F of this section, the Police Department shall provide notice to the registered and legal owners of the intent to dispose of the vehicle or part, and if the vehicle or part is not claimed and removed, within 12 days after the notice is mailed, from a location specified in CVC Section 22662, final disposition may proceed.
4. 
Neither the City nor any contractor or agent of the City shall be responsible or liable for damage caused to a vehicle or part thereof by removal pursuant to this section.
D. 
Prior to removal of the vehicle, upon the request of the owner of the vehicle or the owner of the land on which the vehicle is located made within 10 days of the mailing of the notice required by subsection (C)(1) of this section or at the time of signing the release pursuant to subsection (C)(2) of this section, a public hearing shall be held before the Chief of Police or his or her designee. If the owner of the land on which the vehicle is located submits a sworn written statement denying responsibility for the presence of the vehicle on his or her land within the 10-day period, that statement shall be construed as a request for a hearing which does not require the presence of the owner submitting the statement. If no request for a hearing is made within the 10-day period, the Police Department shall be empowered to remove the vehicle. At the hearing, the owner of the land on which the vehicle is located shall be permitted to appear in person or present a written sworn statement denying responsibility for the presence of the vehicle on the land, with his or her reasons for such denial. If it is determined at the hearing that the vehicle was placed on the land without the consent of the owner, and that the owner has not subsequently acquiesced in the presence of the vehicle on the property, then the City shall not assess costs of administration or the removal of the vehicle against the property upon which the vehicle is located nor shall the City make any other attempt to collect such cost from such owner.
E. 
After a vehicle has been removed pursuant to the provisions of this section, it shall not be reconstructed or made operable, unless the vehicle qualifies for either horseless carriage license plates or historical vehicle license plates pursuant to CVC Section 5004, in which case the vehicle may be reconstructed or made operable.
F. 
Within five days after a vehicle is removed pursuant to the provisions of this section, the Police Department shall notify the State Department of Motor Vehicles, identifying the vehicle or part thereof and providing any evidence of registration available, including, but not limited to, the registration card, certificates of ownership, or license plate.
(Ord. 694 § 2, 1967; Ord. 1090 § 1, 1993)
Vehicles authorized to be disposed pursuant to the provisions of this chapter shall be removed to a storage or wrecking and dismantling yard authorized by the Sausalito Police Department for disposition consistent with the provisions of this chapter and by State and local law.
(Ord. 694 § 3, 1967; Ord. 968 § 10, 1980; Ord. 1090 § 1, 1993)
Except as otherwise provided in this chapter, the City shall be entitled to seek reimbursement for the cost of removing a nuisance vehicle or part thereof from property pursuant to this chapter, and in the event that the City is not reimbursed within 30 days after a request for reimbursement is made, and after the notice requirements set forth in Government Code Section 38773.1 are satisfied, all costs incurred by the City in removing the vehicle or part thereof from private property shall become a lien as provided in Government Code Section 38773.1.
(Ord. 1090 § 1, 1993)
It is unlawful for the owner or person in control of any vehicle to park the vehicle or leave the same standing upon a street or highway within the City for 72 or more consecutive hours. The Sausalito Police Department may remove or cause to be removed any vehicle which has been parked or left standing in violation of this section. The violation of this section shall in addition be an infraction.
(Ord. 554 §§ 1 – 4, 1959; Ord. 637 §§ 1 – 4, 1964; Ord. 1090 § 1, 1993)