From SFAR - Members have reported that the City and County of San Francisco is issuing citations to homeowners who are parking cars on front lawns or in rear yards. The citations reference various sections of the city’s Planning Code. Here’s a simple grid prepared by the city’s Customer Service Center (Telephone 311) describing typical minor violations of the Planning Code and the penalties that are assessed for each violation:

http://www.sfgov.org/site/sf311rfs_index.asp?id=79509

Are you interested in more information?

The City and County of San Francisco established 311 to provide an easy-to-remember telephone number that connects residents, businesses and visitors to Customer Service Representatives ready to help with general government information and services. One call does it all—24-hours a day, 7 days a week, and 365 days a year.

In case you haven’t heard yet, the City of San Francisco has decided to start enforcing a law that will make the already bad parking problem even worse.

No longer will you be able to block your OWN driveway. The City must be deeply in trouble financially since there will now be fines for parking in the street across your own garage door.

Once again, we see what we get when elite supervisors decide what is best for the rest of us.

- Mick Orton

Parking is a huge issue in San Francisco, and bumps and scrapes are all part of the game. So what can you do when you want to get rid of scratches and dings and keep that new car appearance or if you’re trying to get it ready for sale?

We have a fantastic guy who has performed miracles on our vehicles; we swear by him! And it doesn’t cost an arm and a leg to have it done!

After sideswiping the garage one evening several months ago, I took the paint off my front fender. We were given the name of a fellow who comes to your house and does factory quality paint repairs right out of his truck. It only took a couple of hours and the car looked like new again!

Then recently one of our partners returned her car to us, and we wanted to sell it. Before putting the “For Sale” sign on it, we had Patrick come and do both front and back bumpers which had taken a beating from City parking. Now it looks like new, and we will probably get top dollar for it!

What’s his name? Ironically enough, it is Patrick Carr with Automotive Touch-Up. He can be reached at 415-806-3214. Tell him Janis sent you!

- Janis Stone

A reader asks: We recently had a situation where we loaned someone a car for an extended period of time (over a year) before they returned it to us. Is there a way to see if there are any outstanding parking tickets? We don’t want any surprises when we sell to a third party.

Our reply: As a matter of fact, the City has a very good online system which may be reached through the Department of Parking and Traffic website. It allows you to search by citation or license number (which is what you will want to use). Keep in mind the records are about 48 hours behind.

- Janis Stone

From the Davis-Stirling newsletter put out by ADAMS & KESSLER LLP regarding towing rules for condominiums:

QUESTION: Do fire lanes require signage?

ANSWER: Fire lanes must be properly marked. If the fire lane is not on public streets, i.e., it is association controlled, the board can tow vehicles without further notice and without specifically authorizing each tow (provided the association has complied with all statutory requirements).

QUESTION: Can residents tow cars that are parked in their assigned spaces?

ANSWER: The statute appears to preclude residents from towing cars without first giving 96-hours notice since owners don’t have contractual relationships with towing companies and have not posted signs at the entrances. However, residents could contact the association and the association may tow the car (provided the association has complied with the new statute).

QUESTION: Can an association demand a copy of an owner’s drivers license?

ANSWER: If the association’s streets are private, it can require proof that drivers are licensed to drive. Associations can also suspend driving privileges on its streets for driving infractions (if provided for in the Rules & Regulations).

QUESTION: Some of us own scooters. Previous boards let us park our scooters in a portion of the garage that doesn’t interfere with foot traffic. The new board wants to charge for scooter parking. Is that legal?

ANSWER: Boards often charge rent to owners who want a storage room or a parking space for their exclusive use. However, open (unassigned) parking for bicycles and scooters in designated areas is usually provided without charge. A user fee for non-exclusive parking would probably fall under Civ.Code §1366.1. Such fees may not exceed the amount necessary to defray the costs for which they are levied, i.e., they may not be treated as revenue streams for the association.

QUESTION: We don’t have signs at our entrances. What if vehicles are not staying the full 96 hours hours but return at a later time?

ANSWER: By moving their cars around, violators can avoid being towed but that does not exempt them from fines. The violation notice on the windshield that the vehicle will be towed if not moved can also serve as a notice of fine. The board still needs to hold a hearing before levying the fine.

- Adrian J. Adams, Esq

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The following has been reprinted from the Davis-Stirling.com Newsletter, a publication of ADAMS & KESSLER LLP. New legislation with regard to towing cars in a condo development.
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QUESTION:

I live in a condo development with 73 units. There is a large community next door that uses our parking because it’s closer to their front doors. I was told that because of new legislation, we can no longer tow vehicles as we have been doing.

ANSWER:

What you were told is true. New legislation took effect January 1, 2007 that changes towing requirements for associations. As provided for in the new Vehicle Code 22658, associations may tow vehicles only if:

1. the vehicle has been issued a notice of parking violation, and 96 hours have elapsed since the issuance of that notice; or
2. the vehicle is parked on association property and lacks any major part or equipment necessary to operate safely on the highway, such as an engine, transmission, wheels, tires, doors, windshield, etc., and the local traffic enforcement agency has been notified at least 24 hours prior to towing; or
3. the association has posted towing signs at each entrance.

Signage: As noted above, associations may tow vehicles, without first issuing parking violations, if they install signs:

• in plain view at all entrances to the property,
• not less than 17″ x 22″ in size, with lettering not less than 1″ in height,
• stating that public parking is prohibited and unauthorized vehicles will be towed at owner’s expense,
• providing the telephone number of the local traffic enforcement agency, and
• providing the name and number of each company party to towing agreement with the association.

Towing Agreements: Associations should enter into written agreements with one or more towing companies (which must be listed on the towing signs) requiring them to comply with the requirements of the Vehicle Code, including:

• providing notice to the local traffic enforcement agency within 1 hour of receiving authorization by the association to tow a vehicle;
• immediately giving notice to the owner of the vehicle of the towing, the grounds for the removal, and the place to which the vehicle has towed;
• providing a copy of the notice to the proprietor of the facility (such facilities must be within a 10-mile radius of where the vehicle was removed), if the vehicle is stored in a storage facility.

Specific Authorization: Except as noted below, each time a vehicle is towed (i) the association must provide a specific signed authorization to the towing company and (ii) a representative of the association must be present when the vehicle is towed. The towing request must contain the following information:

• the make, model, vehicle identification number, and license plate number of the removed vehicle;
• the name, signature, job title, residential or business address and working telephone number of the person authorizing the removal of the vehicle;
• the grounds for the removal of the vehicle;
• the time when the vehicle was first observed parked at the private property; and
  the time that authorization to tow the vehicle was given.

Exceptions to Specific Authorization: Associations may give written general authorizations to companies to tow any vehicle unlawfully parked within 15 feet of a fire hydrant or in a fire lane, or in a manner which interferes with an entrance to, or exit from, the property.

RECOMMENDATION: You should have legal counsel review your agreements with towing companies to make sure they contain sufficient safe-guards for the association. And, you should prepare towing guidelines in your Rules & Regulations.

- Adrian J. Adams, Esq.

A reader asks: The parking in San Francisco has always been a problem for me as a renter and now as a potential homeowner. Is there a way to fix the problem of buying a home or condo that does not have a garage or parking space?

Our answer: Many properties in San Francisco are older buildings constructed before cars were invented so they do not have parking. When you are considering purchasing a property you can think about adding a garage. This can be done by either raising the building or excavating, or a combination of both. Not only will this provide parking for you but will add value to your property.

In order to find out if it is either structurally or economically possible to add a garage, consult with a contractor who specializes in garage construction in San Francisco. (Add a Garage is just one of the contractors who tackle this type of project.) They can come out to the property and give you an estimate before you purchase the property. Also be aware there may be height restrictions for your particular area so check with the city and any neighborhood associations as well.

If you do not mind parking on the street, you can obtain a residential parking permit issued by the City, which allows you to park in your neighborhood without getting a ticket for parking more than the time limits imposed by the city. Of course, you still have to find a parking place near your home, but if you do not use your car everyday this could be an option.

- Janis Stone, Mick Orton