Chapter 7.60 ABANDONED VEHICLES

As used in this chapter the following definitions apply:
(a) “Abandonment” means any vehicle or vehicle part which has been left upon public or private property without the express or implied consent of the owner or person in lawful possession or control of the property.
(b) “Vehicle” means a device by which any person may be propelled, moved, or drawn upon a highway, except a device moved by human power or used exclusively upon stationary rails or tracks.
(c) “Vehicle part” means any unit or section of the vehicle.
(d) “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.
(e) “Public property” does not include “highway”.
(f) “Hearing officer” means (1) a member of the Board of Police Commissioners of the Broadmoor Police Protection District, as appointed by the Board of Commissioners, for those areas within the boundaries of the Broadmoor Police Protection District, and (2) the Sheriff, or Planning Director, or an authorized representative of the Sheriff or Planning Director for all other unincorporated areas of the County.
(g) “Locally designated officer” means (1) a peace officer of the Broadmoor Police Protection District for those areas within the boundaries of the Broadmoor Police Protection District, and (2) the Sheriff of the County of San Mateo, or Planning Director, or an authorized representative of either, for all other unincorporated areas of the County.
(h) “Owner of land” means the owner of the land on which the vehicle, or parts thereof, is located, as shown on the last equalized assessment roll.
(i) “Owner of vehicle” means the last registered owner and legal owner of record. (Prior code § 3800; Ord. 1895, 04/09/68; Ord. 1918, 07/09/68; Ord. 2125, 01/04/72; Ord. 2824, 04/05/83; Ord. 3162, 11/08/88; Ord. 3555, 03/29/94)

(a) Nothing in this chapter shall authorize the maintenance of a public or private nuisance as defined under provisions of law.
(b) This chapter is not the exclusive regulation of abandoned, wrecked, dismantled or inoperative vehicles within the County. It shall supplement and be in addition to the other regulatory codes, statutes, and ordinances heretofore or hereafter enacted by the County, the state, or any other legal entity or agency having jurisdiction. (Prior code § 3802; Ord. 1895, 04/09/68; Ord. 1918, 07/09/68; Ord. 2125, 01/04/72; Ord. 2824, 04/05/83; Ord. 3162, 11/08/88; Ord. 3555, 03/29/94)

Except as otherwise provided below, the provisions of this chapter shall be administered and enforced by the locally designated officer. In the enforcement of this chapter the locally designated officer may enter upon private or public property to examine a vehicle or vehicle parts or obtain information as to the identity of a vehicle and to remove or cause the removal of a vehicle or vehicle part declared to be a nuisance pursuant to this chapter. (Prior code § 3803; Ord. 1895, 04/09/68; Ord. 1918, 07/09/68; Ord. 2125, 01/04/72; Ord. 2824, 04/05/83; Ord. 3162, 11/08/88; Ord. 3555, 03/29/94)

Notwithstanding section 7.60.150 of this code or any other provision of law, whenever the locally designated officer determines that an abandoned, wrecked, dismantled or inoperative vehicle, or parts thereof, on private or public property constitutes a nuisance, the locally designated officer may serve a written notice to abate and remove the vehicle or parts thereof. The notice shall be served by registered or certified mail on the last registered and legal owner of record of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership, and on the owner shown on the last equalized assessment roll of any private parcel upon which the vehicle is located.
The notice shall instruct the vehicle owner and parcel owner that if the vehicle or parts thereof are not removed within ten (10) calendar days of service of the notice, the County or District, as appropriate, or its authorized agent shall have the right to enter the property during normal business hours to remove the vehicle or parts and demand the vehicle owner and/or parcel owner to pay for the cost of abatement. Cost of abatement is defined to include the cost of actual removal of the vehicle or parts thereof plus reasonable administrative costs. Reasonable administrative costs are the lesser of actual costs or fifteen percent (15%) of the cost of actual removal. If the vehicle owner and/or parcel owner fails to pay such cost, that cost may be specially assessed against the parcel and shall be subject to the same collection procedures including any lien, penalty and sale procedures that are provided for delinquent County taxes. The notice shall further state that the vehicle owner and/or parcel owner may request a hearing to contest the abatement action or assessment of cost by filing a written request for a hearing with the locally designated officer that issued the notice within ten (10) calendar days of service of the notice to abate. Failure to file a request for hearing within this time period shall waive any right to appeal the action by the locally designated officer. (Prior code § 3805; Ord. 1895, 04/09/68; Ord. 1918, 07/09/68; Ord. 2125, 01/04/72; Ord. 2824, 04/05/83; Ord. 3162, 11/08/88; Ord. 3555, 03/29/94)

(a) Upon request of the owner of the vehicle or owner of the land received by the locally designated officer within ten (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 vehicle parts as an abandoned, wrecked, dismantled or inoperative vehicle, and the assessment of the administrative costs and cost of removal of the vehicle or parts of a vehicle against the property on which it is located. If a request for a hearing is not received within ten (10) days after mailing of the notice of intention to abate and remove, the County or the District, as appropriate, shall have the authority to abate and remove the vehicle or parts of a vehicle without hearing.
(b) All hearings under this chapter shall be held before the designated hearing officer. The technical rules of evidence shall not apply. 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 reasons for such denial. The hearing officer may impose such conditions and take such other action as he deems appropriate under the circumstances to carry out the purposes of this chapter. He or she may delay time for removal of the vehicle or vehicle parts if the circumstances justify it. At the conclusion of the public hearing, the hearing officer may find that the vehicle or parts of a vehicle has been abandoned, wrecked, dismantled, or is inoperative on private or public property and order removal from the property as a public nuisance and disposal as hereinafter provided and determine the administrative costs and cost of removal charged against the owner of the land. The order requiring removal shall include a description of the vehicle or parts of a vehicle and the correct identification number and license number of the vehicle, if available at the site. The decision of the hearing officer for all unincorporated areas other than the Broadmoor Police Protection District shall be final. The decision of the hearing officer for the area within the Broadmoor Police Protection District may be appealed as provided in section 7.60.080.
(c) The owner of the vehicle or vehicle parts, the owner of the land upon which the vehicle or vehicle parts are located, and any interested party who made a written presentation to the hearing officer, shall be notified in writing of the decision of the hearing officer unless such person was present at the hearing when the decision was rendered, in which case notice shall be deemed to have been given to that person. (Prior code § 3806; Ord. 1895, 04/09/68; Ord. 1918, 07/09/68; Ord. 2125, 01/04/72; Ord. 2824, 04/05/83; Ord. 3162, 11/08/88; Ord. 3555, 03/29/94)

Any interested party may appeal the decision of the hearing officer for the Broadmoor Police Protection District by filing a written notice of appeal with the hearing officer within five days of the mailing of the notice of decision. Such appeal shall be heard by the Board of Police Commissioners of the Broadmoor Police Protection District, who may affirm, amend, or reverse the order to take other action deemed appropriate.
The hearing officer shall give written notice of the time and place of the hearing to the appellant and those persons specified in section 7.60.060.
The hearing before the Board of Commissioners shall be conducted according to the provisions of section 7.60.070, and notice of the decision in appeal shall be given in accordance with subsection (d) of section 7.60.070, if required.
In conducting the hearing, the Board of Police Commissioners shall not be limited by the technical rules of evidence. (Prior code § 3807; Ord. 1895, 04/09/68; Ord. 1918, 07/09/68; Ord. 2125, 01/04/72; Ord. 2824, 04/05/83; Ord. 3162, 11/08/88; Ord. 3555, 03/29/94)

At any time after five days from the date of the decision by the hearing officer or the appeal body, or five days after any required notice or decision is mailed, whichever is later, the vehicle or parts of a vehicle may be disposed of by removal to a scrapyard 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 under State law. (Prior code § 3808; Ord. 1918, 07/09/68; Ord. 2824, 04/05/83; Ord. 3162, 11/08/88; Ord. 3555, 03/29/94)

The collection, assessment or lien for the cost of abatement under this chapter shall not be made against a parcel owner or parcel upon which the vehicle was located if:
(1) the parcel owner presents evidence at a hearing described in section 7.60.070 or presents a sworn written statement to the locally designated officer within ten (10) calendar days of service of the notice of abatement, denying responsibility for the presence of the vehicle on the parcel and the reasons for this denial; and
(2) the locally designated officer determines that the vehicle was placed on the land without the consent of the owner. (Prior code § 3810; Ord. 1918, 07/09/68; Ord. 2824, 04/05/83; Ord. 3162, 11/08/88; Ord. 3555, 03/29/94)

The Board of Supervisors hereby authorizes the locally designated officer or hearing officer to file and record a notice of abatement lien on behalf of the County or District in the event the property owner or vehicle owner fails to pay the costs of the abatement upon a thirty days’ written demand for payment. The notice of abatement lien shall identify and set forth the name and last known address of both the vehicle owner and the owner of the parcel on which the abated vehicle was located. The notice shall set forth the date removal was completed. The notice shall also describe the real property subject to the lien and the amount of tow cost of abatement. Recordation of a notice of abatement lien under this provision shall have the same effect as recordation of an abstract of a money judgment recorded under state law. The lien created shall have the same priority as a judgment lien on real property and shall continue in effect until released. An abatement lien created under this section may be released or subordinated in the same manner as any judgment lien on real property. The Board of Supervisors hereby authorizes the locally designated officer or hearing officer to compromise, settle or agree to subordinate any lien imposed under this section in the amount of $10,000 or less. (Prior code § 3811; Ord. 3555, 03/29/94)

The service of a Notice to Abate under section 7.60.060 is not required in the case of an inoperable vehicle if the vehicle is located upon a parcel that is either zoned for agricultural use or is not improved with a residential structure containing one or more dwelling units and either one of the two following conditions are met:
(1) the parcel owner and the vehicle owner have signed releases authorizing removal of the vehicle and waiving any further interest in the vehicle or parts thereof; or
(2) in the event the vehicle owner is unknown and the vehicle is inoperable due to the absence of a motor, transmission, or wheels, incapable of being towed, and is valued at less than three hundred ($300) by a person specified in the Vehicle Code section 22855, provided that:
(a) the locally designated officer determines that the vehicle or part is a public nuisance and an immediate threat to public health and safety; and
(b) the parcel owner has signed a release authorizing removal and waiving further interest in the vehicle or part thereof; and
(c) there is no evidence of registration of the vehicle. However if evidence of registration is recovered prior to the final disposition of vehicle or parts thereof, the locally designated officer shall notify the registered and legal owner of an intent to dispose of the vehicle or parts. Final disposition of the vehicle or parts thereof may proceed only if the vehicle or parts are not claimed and removed within twelve (12) calendar days of mailing of the notice. (Prior code § 3812; Ord. 3555, 03/29/94)

(a) It is unlawful and an infraction for any person to leave or permit the abandonment, parking, storing, or leaving of any licensed or unlicensed vehicle or parts of a vehicle which is in an abandoned, wrecked, dismantled or inoperative condition upon any private or public property not including highways for a period in excess of ten 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 in connection with the business of licensed dismantler, licensed vehicle dealer or a junkyard.
(b) It is unlawful and an infraction for any person to fail or refuse to remove an abandoned, wrecked, dismantled or inoperative vehicle or parts of a vehicle 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) Any person violating any of the provisions or failing to comply with any of the mandatory provisions of this chapter shall be guilty of an infraction and shall be punishable by the following:
(1) A fine not exceeding one hundred ($100.00) dollars for a first violation;
(2) A fine not exceeding two hundred ($200.00) dollars for a second violation;
(3) A fine not exceeding three hundred ($300.00) dollars for each additional violation within one year.
(d) Each person shall be guilty of a separate offense for each and every day during any portion of which said violation is committed. (Prior code § 3813; Ord. 3555, 03/29/94)

In the event that any vehicle is parked or left standing on any street, highway, public road, or thoroughfare, in the unincorporated area of the County of San Mateo for a period of seventy-two (72) or more consecutive hours, any member of the California Highway Patrol or any regularly employed and salaried deputy of the Sheriff’s Office may remove such vehicle from such street, highway, public road, or thoroughfare, and may store such vehicle with the nearest keeper of a garage or other storage place of safety, pursuant to the provisions of this chapter. (Prior code § 3750.1; Ord. 1109, 05/17/55; Ord. 1625, 11/12/63; Ord. 3113, 06/16/87)

In the event that any officer removes a vehicle from a street, highway, public road, or thoroughfare, pursuant to section 7.60.160 of this chapter, such officer shall give the notices provided for in section 22852 et seq. of the Vehicle Code of the State of California, and the keeper of any garage in which any such vehicle is stored may have a lien thereon for his compensation for towage and for caring for and for keeping safe such vehicle and may satisfy such lien upon compliance with and under the conditions stated in section 22851 of the Vehicle Code. (Prior code § 3750.2; Ord. 1109, 05/17/55; Ord. 1625, 11/12/63)