San Bruno Municipal Code Ch. 7.36 Abandoned or Inoperable Vehicles

In addition to and in accordance with the determination made and the authority granted by the state under Section 22660 of the Vehicle Code to remove abandoned, wrecked, dismantled, or inoperative vehicles or parts thereof as public nuisances, the city council finds and declares as follows:

A. The accumulation and storage of abandoned, wrecked, dismantled, or inoperative vehicles or parts thereof on private property is found:

1. To create a condition tending to reduce the value of private property;

2. To promote blight and deterioration;

3. To invite plundering;

4. To create fire hazards;

5. To constitute an attractive nuisance creating a hazard to the health and safety of minors;

6. To create a harborage for rodents and insects; and

7. To be injurious to the health, safety, and general welfare.

B. Therefore, the presence of an abandoned, wrecked, dismantled, or inoperative vehicle or part thereof, on private property, except as expressly hereinafter permitted, is declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this chapter.

(Prior code § 13-11.1; Ord. 1376 § 1, 1981; Ord. 1548 § 1, 1993; Ord. 1900 § 3, 2021)

As used in this chapter, the following words, phrases, or terms shall have the meanings set forth in this section.

"Enforcement officer"

means the chief of police, regularly employed and salaried employees of the city under his or her supervision and control, and code enforcement officers.

"Highway"

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 streets.

"Inoperable vehicle"

means and includes, without limitation, any motor vehicle which is immobilized or mechanically incapably of being driven on a highway or public right-of-way. Factors that may be used to determine this condition include, without limitation, vehicles lacking a current registration (a DMV certificate that the vehicle is registered as non-operational is insufficient to meet this factor), a working engine, transmission, wheels, tires, doors, windshield or any other part or equipment necessary to operate legally and safely on the public streets.

"Owner of the land"

means the owner of the land on which the vehicle, or parts thereof, is located, as shown on the last equalized assessment roll.

"Owner of the vehicle"

means the last registered owner and legal owner of record.

(Prior code § 13-11.2; Ord. 1376 § 1, 1981; Ord. 1527 § 2, 1991; Ord. 1548 § 2, 1993; Ord. 1900 § 3, 2021)

A. This chapter shall not apply to:

1. A vehicle, or parts thereof, which complies with Section 7.36.160 herein.

2. 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 dismantler, licensed 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.

(Prior code § 13-1.3; Ord. 1376 § 1, 1981; Ord. 1900 § 3, 2021)

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 provisions of law which have been or may in the future be enacted by the city, the state, or any other legal entity having jurisdiction.

(Prior code § 13-11.3; Ord. 1376 § 1, 1981; Ord. 1900 § 3, 2021)

If permitted by court order or by state or federal law, in the enforcement of this chapter an enforcement officer may enter upon private property to examine a vehicle or parts thereof or to obtain information as to the identity of a vehicle, or to remove or cause the removal of a vehicle or parts thereof declared to be a nuisance pursuant to this chapter or pursuant to court order or state or federal law.

(Prior code § 13-11.4; Ord. 1376 § 1, 1981; Ord. 1527 § 3, 1991; Ord. 1900 § 3, 2021)

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.

(Prior code § 13-11.5; Ord. 1376 § 1, 1981; Ord. 1900 § 3, 2021)

The city council shall from time to time determine and fix by resolution an amount to be assessed as administrative costs under this chapter, excluding the actual cost of removal of any vehicle or parts thereof.

(Prior code § 13-11.6; Ord. 1376 § 1, 1981; Ord. 1900 § 3, 2021)

Upon discovering the existence of an abandoned, wrecked, dismantled or inoperable vehicle, or parts thereof, on private property within the city, any enforcement officer shall have the authority to cause the abatement and removal thereof in accordance with the procedure prescribed in this chapter.

(Prior code § 13-11.7; Ord. 1376 § 1, 1981; Ord. 1527 § 4, 1994; Ord. 1548 § 3, 1993; Ord. 1900 § 3, 2021)

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 or certified mail to the owner of the land and the owner of the vehicle, except as follows:

1. No such notice need be mailed to the owner of the vehicle if the vehicle is in such condition that identification numbers are not available to determine ownership;

2. No such notice shall be issued if both the property owner and the owner of the vehicle have signed releases authorizing removal and waiving further interest in the vehicle or part thereof.

B. The notices of intention shall be in substantially the following forms:

(Prior code § 13-11.8; Ord. 1376 § 1, 1981; Ord. 1900 § 3, 2021)

A. Upon request by the owner of the vehicle or owner of the land received by the chief of police within ten days after mailing of the notices of intention to abate and remove, a public hearing shall be held by the chief of police, or the neighborhood improvement representative, on the question of abatement and removal of the vehicle or parts thereof as an abandoned, wrecked, dismantled or inoperable 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 or her land within such ten-day period, such statement shall be construed as a request for a hearing which does not require his or her presence.

C. Notice of the hearing shall be mailed, by registered or certified mail at least ten days before the hearing to the owner of the land and to the owner of the vehicle; provided, however, that such notice need not be mailed to the owner of the vehicle if the vehicle is in such condition that identification numbers are not available to determine ownership.

D. If such a request for hearing is not received within such ten days after mailing of the notice of intention to abate and remove, or if both the property owner and the owner of the vehicle have signed releases authorizing removal and waiving further interest in the vehicle or part thereof, the city shall have the authority to abate and remove the vehicle or parts thereof as a public nuisance without holding a public hearing.

(Prior code § 13-11.9; Ord. 1376 § 1, 1981; Ord. 1527 § 5, 1991; Ord. 1900 § 3, 2021)

A. Hearings. All hearings under this chapter shall be held before the chief of police, or his or her designate, who shall hear all facts and testimony he or she deems pertinent. Such facts and testimony may include testimony on the condition of the vehicle or parts thereof and the circumstances concerning its location on the private 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 or her reasons for such denial.

B. Finding and Order at Conclusion of Hearing. The hearing officer may impose such conditions and take such action as he or she deems appropriate under the circumstances to carry out the purpose of this chapter. The hearing officer may delay the time for removal of the vehicle or parts thereof if, in his/her 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 inoperable on private or public property. If she/he makes such finding she or he may order the same removed from the property as a public nuisance and disposed of as hereinafter provided. The hearing officer shall determine the administrative costs and the cost of removal to be charged against the owner of the land, where such removal is ordered. 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. Vehicles Placed on Land Without Acquiescence of Property Owner. 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 she or 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 the owner of the land.

D. Notice to Owner of Decision. If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle on his or her land but does not appear, or if an interested party makes a written presentation to the hearing officer but does not appear, she or he shall be notified in writing of the decision.

(Prior code § 13-11.10; Ord. 1376 § 1, 1981; Ord. 1527 § 6, 1991; Ord. 1900 § 3, 2021)

A. Any interested party may appeal the decision of the hearing officer by filing a written notice of appeal with the city clerk within five days after the decision.

B. Such appeal shall be heard by the city council, which may affirm, amend, or reverse the order, or take other action deemed appropriate.

C. The clerk shall give written notice of the time and place of the hearing to the appellant and those persons specified in Section 7.36.090.

D. In conducting the hearing the city council shall not be limited by the technical rules of evidence.

(Prior code § 13-11.11; Ord. 1376 § 1, 1981; Ord. 1527 § 7, 1991; Ord. 1900 § 3, 2021)

Five days after adoption of the order declaring the vehicle or parts thereof 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 7.36.110, or fifteen days after such action of the city council authorizing removal following appeal, the vehicle or parts thereof may be disposed of by removal to a scrap yard or automobile dismantler's yard. After a vehicle has been removed it shall not thereafter be reconstructed or made operable, unless it is a vehicle which qualifies for either horseless carriage license plates or historical vehicle license plates, pursuant to Section 5004 of the Vehicle Code, in which case the vehicle may be reconstructed or made operable.

(Prior code § 13-11.12; Ord. 1376 § 1, 1981; Ord. 1900 § 3, 2021)

A. Within five days after 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 the removal of the vehicle shall notify the Stolen Vehicle System of the Department of Justice in Sacramento of the removal.

(Prior code § 13-11.13; Ord. 1376 § 1, 1981; Ord. 1548 § 4, 1993; Ord. 1900 § 3, 2021)

If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to Section 7.36.110 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. Such assessment shall have the same priority as other city taxes.

(Prior code § 13-11.14; Ord. 1376 § 1, 1981; Ord. 1900 § 3, 2021)

It is unlawful to park or store an inoperable vehicle in any residential district, unless such vehicle is stored completely within an enclosed building such as a roofed garage or storage area where such vehicle or parts is not visible from the street or other public or private property.

A. This section does not prohibit routine maintenance, minor repairs or emergency repairs that are completed within seventy-two hours.

B. Violation of this section shall constitute an infraction.

C. Imposition of criminal prosecution under this section may be in addition to, or as an alternative to the abatement procedures authorized by this chapter.

(Ord. 1527 § 8, 1991; Ord. 1900 § 3, 2021)