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This Article shall not apply to:
(a) A vehicle or vehicle part that is completely enclosed within a building or behind a fence in a lawful manner where it is not visible from the street or other Public Property or private property;
(b) A vehicle or vehicle part that is stored or Parked in a lawful manner on private property in connection with the business of a licensed vehicle dismantler or dealer, or when such storage or Parking is necessary to the operation of a lawfully conducted business.; or
(c) A vehicle or vehicle part(s) located behind a solid fence six feet in height or which is not plainly visible from the public right of way.
(Amended by Ord. 287-08, File No. 081340, App. 12/5/2008)
The Director of Public Health may authorize contractor(s), including any vehicle removal and storage contractor(s) retained by the Municipal Transportation Agency, to enter private property or Public Property for the purpose of removing and disposing of vehicles and/or vehicle parts in accordance with this Article and all applicable provisions of the contract. The Municipal Transportation Agency may recover actual costs for such removal and disposal from the Department of Public Health.
(Amended by Ord. 287-08, File No. 081340, App. 12/5/2008)
(a) The Director of Public Health shall mail a notice of intention to abate and remove a vehicle or vehicle parts as a public nuisance by registered or certified mail to the property owner as shown on the last equalized assessment roll and to the last registered and legal vehicle owner(s) of record, unless the vehicle or vehicle part(s) are in such condition that identifying information is not available to determine vehicle ownership. At the time the abatement action is initiated, the Director of Public Health may elect to seek recovery of attorneys' fees. In a case where the Director of Public Health makes this election, the prevailing party shall be entitled to recover attorneys' fees. In no event shall the award of attorneys' fees to a prevailing party exceed the amount of reasonable attorneys' fees incurred by the Department in the action.
(b) The notice of intention shall be in substantially the following form:
NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED, WRECKED, DISMANTLED, OR INOPERATIVE VEHICLE OR VEHICLE PARTS AS A PUBLIC NUISANCE
[name and address of property owner]
This is to notify you, the property owner shown on the last equalized assessment roll of the property located at [address] ("Property"), that the Department of Public Health has determined that there are abandoned, wrecked, dismantled or inoperative vehicle(s) and/or vehicle parts identified as:
License number (vehicle license number if identifiable), Vehicle Identification Number (VIN, if identifiable)], registered to (name of vehicle owner)] ("Vehicle Owner").
located on the Property which constitute(s) a public nuisance pursuant to the provisions of San Francisco Transportation Code Article 5.
You must abate the nuisance by removing the vehicle and/or vehicle part(s) within 10 days from the date of the mailing of this notice. If you do not remove the vehicle or request a hearing within 10 days, the Department of Public Health will abate the nuisance and the cost of abatement, including administrative costs and attorneys' fees, may be assessed to you as owner of the Property.
How to Request a Public Hearing.
As owner of the Property, you may request a public hearing by submitting a request to the Department of Public Health, at [mailing address, fax number, email address]. Any request for a public hearing must be postmarked no later than the 10th day following the date of the mailing of this notice. If you request a hearing, you may either appear in person at the hearing, or you may request a hearing at which your presence is not required.
How to Request a Hearing for which Your Presence is not Required
You may submit a signed written statement within such 10-day period denying responsibility for the presence of the vehicle and/or vehicle parts on the Property and explaining the reason why you are not responsible for the presence of the vehicle(s) and/or vehicle parts on the property, or for the cost of removal. Any such statement must be postmarked no later than the 10th day following the date of this notice, and will be construed as a request for hearing at which your presence is not required.
Right to Appear in Hearing
You may appear in person at any hearing requested, by you or by the owner of the vehicle, or, as an alternative, you may present a signed written statement in time for consideration at such hearing.
Notice Mailed____________ | s/____________ |
[Date] | [Locally Designated Officer] |
NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED, WRECKED, DISMANTLED OR INOPERATIVE VEHICLE OR PARTS THEREOF AS A PUBLIC NUISANCE
[Name and address of last registered and/or legal owner of record of vehiclemust be sent to both the property owner and the vehicle owner of record if different]
This is to notify you, the last registered and/or legal owner(s) of record of the following vehicle(s): [make, model year, color of vehicle], license number [vehicle license number(s) if identifiable], that the Department of Public Health has determined that said vehicle(s) and/or parts of vehicles are abandoned, wrecked, dismantled or inoperative at the property located at [address] ("Property"), and constitute(s) a public nuisance pursuant to the provisions of San Francisco Transportation Code Article 5.
You are hereby notified to abate said nuisance by the removal of said vehicle(s) and/or parts of vehicles within 10 days from the date of mailing of this notice.
How to Request a Public Hearing.
As owner of the vehicle, you may request a public hearing within 10 days by submitting a written request to the Department of Public Health, at [mailing address, fax number, email address]. Any request for a public hearing must be postmarked no later than the 10th day following the date of the mailing of this notice. If you do not make a request for a public hearing within 10 days, the Director of Public Health has the authority to abate and remove the vehicle and/or vehicle parts as a public nuisance.
If at the hearing it is found that the property owner has not consented to the presence of the vehicle and/or vehicle parts on the Property, then you as the vehicle owner are responsible for the cost of abatement, and may be assessed a fine for violation of California Vehicle Code Section 22523, unless you demonstrate by a police report or other evidence that the vehicle and/or vehicle parts were stolen prior to abandonment, or that the ownership of the vehicle has been transferred.
Right to Appear in Hearing
You may appear in person at any hearing requested, by you or by the owner of the Property, or, as an alternative, you may present a signed written statement in time for consideration at such hearing.
Notice Mailed____________ | s/____________ |
[Date] | [Locally Designated Officer] |
(Amended by Ord. 287-08, File No. 081340, App. 12/5/2008)
(a) Upon written request by the vehicle owner or the property owner received by the Director of Public Health within 10 days after the date of mailing the notices of intention to abate and remove, a public hearing shall be held by the Director of Public Health on the question of abatement and removal of the vehicle or vehicle parts as abandoned, and the assessment of the administrative costs and the cost of removal of the vehicle or vehicle parts against the property on which it is located.
(b) If the property owner submits a written statement denying responsibility for the presence of the vehicle on the property within such 10-day period, said statement shall be construed as a request for a hearing which does not require the attendance of the property owner. If a request for hearing is not received within 10 days after mailing of the notice of intention to abate and remove, the Director of Public Health shall have the authority to abate and remove the vehicle or parts thereof as a public nuisance without holding a public hearing.
(c) Notice of the hearings shall be mailed, by registered or certified mail, at least 10 days before the hearing to the property owner and to the vehicle owner, unless the vehicle is in such condition that identification numbers are not available to determine ownership. The notice of hearing shall include a statement of whether the Department of Public Health will seek recovery of attorneys' fees for the hearing.
(Amended by Ord. 287-08, File No. 081340, App. 12/5/2008)
(a) All hearings conducted pursuant to this Article shall be held before the Director of Public Health. Testimony at the hearing may include the testimony on the condition of the vehicle or vehicle parts and the circumstances concerning their location on the said private property or Public Property. The Director of Public Health shall not be limited to the judicial rules of evidence. The property owner or the vehicle owner may appear in person at the hearing or present a sworn written statement in time for consideration at the hearing to deny responsibility for the presence of the vehicle on the property, and stating the reasons for such denial.
(b) The order resulting from a hearing before the Director of Public Health must include:
(1) a description of the vehicle or vehicle parts and any available identifying information for the vehicle or vehicle part;
(2) a finding of whether the property owner has given express or implied consent to the presence of the vehicle or vehicle parts on the property, or, in the alternative, whether the vehicle owner has abandoned the vehicle on the property in violation of Vehicle Code Section 22523.
(3) a finding identifying the prevailing party or parties for the purpose of assessing attorney's fees against the non-prevailing party or parties.
(4) The order may also:
(A) find that a vehicle or vehicle parts have been abandoned, wrecked, dismantled, or are inoperative on private property or Public Property and order the same removed from the property as a public nuisance;
(B) impose any conditions and take such other action as the Director of Public Health deems appropriate under the circumstances to carry out the purpose of this Article;
(C) Delay the time for removal of the vehicle or vehicle parts, if in the opinion of the Director of Public Health the circumstances justify it;
(D) assess an amount to be charged to for the cost of removal and disposal, not to exceed the cost of towing and seven days' of storage that may be assessed against the party found to be responsible for the nuisance in subsection 5.7(b)(ii) above, and any attorneys' fees to the prevailing party or parties;
(E) assess an administrative fee established annually by Director of Public Health in an amount reasonably calculated to recover the Department of Public Health's costs for administering this Article that may be assessed against the party found to be responsible for the nuisance in subsection 5.7(b)(ii) above.
(c) No administrative fee, attorneys' fees or costs for removal or disposal of a vehicle or vehicle parts may be assessed against the property owner under this article if it is determined at the hearing that the vehicle or vehicle parts were placed on the land without the consent of the property owner or that the property owner has not subsequently acquiesced to their presence.
(d) If the vehicle owner or property owner submits a sworn written statement denying responsibility for the presence of the vehicle or vehicle parts on the property but does not appear, or if an interested party makes a written presentation to the Director of Public Health but does not appear, the property owner shall be notified in writing of the decision.
(Amended by Ord. 287-08, File No. 081340, App. 12/5/2008)
Five days after adoption of an order declaring the vehicle or vehicle parts to be a public nuisance, or five days from the date of mailing of notice of the decision if such notice is required by Section 5.9, the vehicle or vehicle parts, shall be removed and disposed of in accordance with applicable legal requirements. Any vehicle or vehicle part that is removed pursuant to this Article must be removed to an automobile dismantler's yard to be disposed of as scrap, and may not be reconstructed or made operable unless it qualifies for horseless carriage or historical vehicle license plates pursuant to Vehicle Code Section 5004.
(Amended by Ord. 287-08, File No. 081340, App. 12/5/2008)
Within five days after the date of removal of the vehicle or vehicle parts, the Director of Public Health shall give notice to the Department of Motor Vehicles identifying the vehicle or vehicle parts removed and any identifying information available, including vehicle identification number, certificates of registration or title or license plates.
(Amended by Ord. 287-08, File No. 081340, App. 12/5/2008)
If the administrative fee and the cost of removal charged against the property owner pursuant to Section 5.7 are not paid within 30 days of the date of the order, such costs shall be assessed against the parcel of land pursuant to Government Code Section 25845 and shall be transmitted to the Tax Collector for collection. Said assessment shall have the priority as other City taxes.
(Amended by Ord. 287-08, File No. 081340, App. 12/5/2008)
There is hereby created in the General Fund a continuing appropriation account entitled "The Abandoned Vehicle Abatement and Removal Fund." This account shall be credited with such sums as may be appropriated by the Board of Supervisors, amounts collected by the Director of Public Health or the Director of Transportation, sums received in payment of special assessments and moneys received from the Abandoned Vehicle Trust Fund pursuant to Vehicle Code Section 9250.7. Expenditures from said Fund shall be made to pay for the abatement and removal of nuisances pursuant to this Article. All moneys received from the Abandoned Vehicle Trust Fund shall be segregated and used only for abatement, removal and disposal of abandoned, wrecked, dismantled or inoperative vehicles or parts thereof. In the event that the unexpended balance in said account, excluding moneys received from the Abandoned Vehicle Trust Fund, shall exceed $200,000, such excess shall be transferred to the unappropriated balance of the General Fund.
(Amended by Ord. 287-08, File No. 081340, App. 12/5/2008)