San Mateo Municipal Code Ch. 7.17 Abandoned Vehicles

This chapter shall be known and cited as the "San Mateo Abandoned Vehicle Abatement Ordinance." It shall be a procedure alternative to that set forth in Chapter 7.16.

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 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 a harborage for rodents and insects, and to be injurious to the health, safety and general welfare. Therefore, the presence of abandoned, wrecked, dismantled or inoperative vehicles, or parts thereof, 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.

As used in this chapter, the following definitions shall apply:

(a) "Hearing officer" means the City Manager or person or persons designated by the City Manager.

(b) "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 street.

(c) "Locally designated officer" means the Chief of Police, officer or other person designated by the Chief of Police.

(d) "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.

(e) "Owner of the vehicle" means the last registered owner and legal owner of record or more current owner, if known.

(f) "Vehicle" 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.

(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 (6) 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, this chapter and Chapter 7.16 of the Municipal Code.

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. Nothing herein shall be construed in any manner to limit the authority of a peace officer or other public officer to take actions as authorized by law whether or not in compliance with this chapter.

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 or her deputies may enter upon 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.

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.

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.

Upon discovering the existence of an abandoned, wrecked, dismantled, or inoperative vehicle, or parts thereof, on private property 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.

A 10-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, unless the vehicle is in such condition that identification numbers are not available to determine ownership in which case the vehicle and/or land will be posted and the owner of the land noticed as required. The notices of intention shall be in substantially the following forms:

(a) Upon request by the owner of the vehicle or owner of the land received by the locally designated officer within 10 days after the mailing of the notices 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 or her land within such 10-day period, said statement shall be construed as a request for a hearing which does not require his or her presence. Notice of the hearing shall be mailed, by registered mail, at least 10 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 in which case the vehicle and/or land shall be posted.

(c) If such a request for hearing is not received within said 10 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.

(a) All hearings under this chapter shall be held before the hearing officer who shall hear all facts and testimony he or she 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 or her reasons for such denial.

(b) The hearing officer may impose such conditions and take such other action as he or she deems appropriate under the circumstances to carry out the purpose of this chapter. He or she may delay the time for removal of the vehicle or parts thereof if, in his or 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 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 without the consent of the owner of the land and that he or she 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 or her land but does not appear, or if an interested party makes a written presentation to the hearing officer but does not appear, he or she shall be notified in writing of the decision.

Five (5) days after adoption of the order declaring the vehicle or parts thereof to be a public nuisance or five (5) days from the date of mailing of notice of the decision, the vehicle or parts thereof may be disposed of by removal to a scrap yard 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.

(a) Within five (5) days after the date of removal of the vehicle or parts thereof, the Police Department shall notify 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.

(a) If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to Section 7.16.110 are not paid within 30 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.

(b) The City may also collect fees through other legal means including, but not limited to, court action.

(a) It is unlawful 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 10 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 or highway property in connection with the business of a licensed dismantler, licensed vehicle dealer or a junk yard.

(b) It is unlawful 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.

(c) The provisions of Sections 1.04.010, 1.04.015, and 7.16.200, as well as any penalties set forth in the California Vehicle Code, shall apply to the violations set forth in this section.

(a) Any person violating any provision of this chapter shall be guilty of a public offense.

(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.