§ 5.5.

NOTICE OF INTENTION TO ABATE AND REMOVE 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]

History

(Amended by Ord. 287-08, File No. 081340, App. 12/5/2008)

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