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.

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)

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)

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)