San Francisco County Municipal Code Art. 4 Parking and Traffic Enforcement

FUNDS AND FEES

Sec. 4.1. Administrative Fee – Police Department. Sec. 4.2. Traffic Offender Fund. Sec. 4.3. Use of Parking Meter and Garage Revenue. Sec. 4.4. Service Authority Established.

(a) A fee to reimburse the City and County for costs incurred in the administration of the procedures for removing vehicles shall be charged by the San Francisco Police Department to the owner of a vehicle removed pursuant to Sections 22651(h), 22651(p), 22655.5 or 22850.5 of the Vehicle Code. Such charges collected for the removal or storage of vehicles shall not be subject to reimbursement under Chapter 10C of the Administrative Code.

(b) The Chief of Police shall propose the fee authorized by Subsection (a). The fee shall not go into effect until approved, by resolution, by the Board of Supervisors, in an amount not to exceed the Police Department's average actual costs for the removal, impoundment, storage, and release of vehicles. The fee imposed pursuant to this Section shall not be taken into account in determining the maximum fee that may be charged by the tow car operator to the owner of a removed vehicle as provided by law, nor shall the administrative fee imposed pursuant to this Section be taken into account in determining whether a fee charged by the tow car operator to the owner of removed vehicle is excessive. (c) The Chief of Police, with the approval of the Police Commission, is hereby authorized to adopt such rules, regulations and procedures as he or she determines are necessary for the department to impose, collect and administer the fee imposed by this Section. (Amended by Ord. 287-08, File No. 081340, App. 12/5/2008)

(a) Establishment of Fund. There is hereby established a special fund for the purpose of receiving and expending fees collected for the impoundment of vehicles from the public right of way. Said special fund shall be known and designated as the Traffic Offender Fund. (b) Expenditure of Monies. The appropriation of all monies in the Traffic Offender Fund ("Fund") shall be made exclusively for the purposes of the Traffic Offender Program. The Traffic Offender Program shall include the enforcement of, education for, and prosecution of a suspended or revoked driving privilege, unlicensed driver, and persons driving under the influence of alcohol or drugs. Expenditures shall include, but not be limited to, purchase of equipment, contractual services, material and supplies, any other technology necessary to prosecute the case, and personnel costs, including salary and benefits for a Deputy District Attorney and a part-time law clerk, specifically provided to the program. The administration of the Fund shall conform to the provisions of the Charter, annual appropriation ordinance, and the procurement procedures as prescribed by the Controller and the Office of Contract Administration. (c) Accumulation of Monies in Fund. The balance remaining in the Traffic Offender Fund at the close of any fiscal year shall be deemed to have been provided for a specific purpose and shall be carried forward and accumulated in said Fund for the purposes recited herein. (Amended by Ord. 287-08, File No. 081340, App. 12/5/2008)

All funds obligated to pay debt service from the Parking Revenue Fund, the Parking Meter Revenue Account, or the Off-Street Parking Fund pursuant to Section 213 of the former San Francisco Traffic Code, shall continue to be used for such purposes pursuant to all approved debt and contractual obligations existing as of January 1, 2008. Any subsequent expenditures from such funds shall be made in accordance with Section 8A.105 of the San Francisco Charter. (Amended by Ord. 287-08, File No. 081340, App. 12/5/2008)

(a) A Service Authority for the Abatement of Abandoned Vehicles is hereby established pursuant to the provisions of Section 22710 of the California Vehicle Code. The members of the Municipal Transportation Agency Board of Directors shall serve ex officio as the members of the Service Authority for the Abatement of Abandoned Vehicles. Except as otherwise provided in this Article 4, the Service Authority shall have all of the powers and be subject to all of the conditions, restrictions, and obligations that are set forth in Section 22710 of the California Vehicle Code. (b) Extension of the service fee of $1 on vehicles registered to an owner with an address in the City and County of San Francisco for deposit in the Abandoned Vehicle Trust Fund, as permitted by Section 9250.7(g) of the California Vehicle Code, is hereby approved, and the Service Authority for the Abatement of Abandoned Vehicles is authorized to enact a resolution extending such service fee for a ten-year period, from June 1, 2023 through May 31, 2033 under California Vehicle Code Section 9250.7(g). (Amended by Ord. 287-08, File No. 081340, App. 12/5/2008; Ord. 101-13, File No. 130318, App. 6/10/2013, Eff. 7/10/2013, Oper. 6/1/2013; Ord. 98-23, File No. 230450, App. 5/26/2023, Eff. 6/26/2023, Retro. 6/1/2023) ARTICLE 5:

ABATEMENT OF NUISANCE VEHICLES FROM PRIVATE PROPERTY Sec. 5.1. Public Nuisance: Findings and Declarations. Sec. 5.2. Scope of Article; Authority to Cause Abatement. Sec. 5.3. Exceptions. Sec. 5.4. Use of Contractors. Sec. 5.5. Notice of Intention to Abate and Remove Abandoned Vehicles. Sec. 5.6. Request for Public Hearing by Interested Parties. Sec. 5.7. Conduct of Hearing: Notification of Findings: Imposition of Costs. Sec. 5.8. Disposal of Vehicle. Sec. 5.9. Notice to Department of Motor Vehicles. Sec. 5.10. Assessment of Costs Against Land. Sec. 5.11. Continuing Appropriation Account.

The Board of Supervisors makes the following findings and declarations: The accumulation and storage of abandoned, wrecked, dismantled, or inoperative vehicles or vehicle parts on private property or on Public Property creates conditions tending to reduce property values, to promote blight and deterioration, to invite plundering, to create fire hazards, to constitute an attractive nuisance creating a hazard to the health and safety of minors, to create harborage for rodents and insects and to be injurious to the health, safety and general welfare. Accordingly, the presence of an abandoned, wrecked, dismantled or inoperative vehicle or vehicle parts, on private property or on Public Property is hereby declared to constitute a public nuisance that may be abated as such in accordance with applicable laws. (Amended by Ord. 287-08, File No. 081340, App. 12/5/2008)

(a) For the purpose of this Article "abandoned vehicle or vehicle parts" shall mean vehicles that are missing any equipment that would make them unsafe to operate on the highway, or that are wrecked, dismantled, or inoperative, or regarding which there is reasonable cause to believe that the vehicle or vehicle part(s) have been abandoned as described in Vehicle Code sections 22660 and 22669 when located on Public Property or on private property. (b) This Article shall be administered and enforced by the Director of Public Health. Upon discovering the existence of an abandoned vehicle or vehicle parts on private property or Public Property within the City, the Director of Public Health shall have the authority to cause the abatement and removal thereof in accordance with the procedure prescribed herein and all applicable state and federal laws. The Director of Public Health's authority to enter upon private property or Public Property includes the authority to examine vehicle(s) or vehicle parts, to obtain information as to the identity of a vehicle and to remove or cause the removal of abandoned vehicle(s) or vehicle parts declared to be a nuisance pursuant to this Article. (Amended by Ord. 287-08, File No. 081340, App. 12/5/2008)

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)

ABANDONED VEHICLES. (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)

IMPOSITION OF COSTS.

(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)