Chapter 10.12 ABANDONED VEHICLES

D. “Person in charge of property” means any agent, occupant, lessee, contract purchaser, owner or person having possession, control or title of property where a vehicle is located.

E. “Vehicle” means every device in, upon or by which any person or property is or may be transported or drawn upon a public highway, except devices moved by human power or used exclusively upon stationary rails or tracks.

F. “Vehicle owner” means any individual, firm, corporation or unincorporated association with a claim, either individually or jointly, of ownership or any interest, legal or equitable, in a vehicle. (Ord. 1737 §1, 1996; Ord. 1061 §1, 1972).

10.12.020 Prohibited.

No motor vehicle shall be abandoned upon any street, alley or other municipal property in the city or upon privately owned property without the permission of the owner of said privately owned property. (Ord. 935(part), 1968; Ord. 886 §1, 1967).

10.12.030 Declaration of public nuisance.

The open accumulation and storage of a discarded vehicle is found to create a condition tending to reduce the value of private property, to promote blight, deterioration and unsightliness, 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 a discarded vehicle on private or public property is declared to constitute a public nuisance which may be abated in accordance with the provisions of this chapter. (Ord. 1061 §2, 1972).

10.12.040 Unlawful acts.

It is unlawful for any person owning or in possession or control of any property within the city to keep, wreck, store or allow to remain thereon in such manner as to be exposed to view from without the property, a discarded vehicle unless the vehicle is stored in connection with a business enterprise dealing in junked vehicles lawfully conducted within the city. For purposes of this section, if an automobile is permitted to remain upon premises for longer than ten consecutive days without being removed therefrom, it is deemed to have been “stored” or “allowed to remain” thereon. “Exposed to view from without the property” means visible from any ground-level vantage point. Storage inside a building or behind a sight-obscuring fence is acceptable; obscuring the vehicle by means of a tarp or other covering is not acceptable. After the expiration of the said ten-day period, and each day during which the vehicle or part thereof is stored or permitted to remain on the premises in violation of this chapter shall be punishable as a separate offense. (Ord. 1766 §1, 1997; Ord. 1117 §1, 1973; Ord. 1061 §3, 1972).

10.12.050 Evidence of abandonment.

A. For purposes of establishing an abandonment of a motor vehicle pursuant to Section 10.12.020, the following shall constitute conclusive evidence of abandonment by the owner or person entitled to possession thereof:

1. A motor vehicle left parked or standing on privately owned property without the approval of the owner thereof where the owner registers complaint to the chief of police; or

2. A motor vehicle left standing for more than seventy-two consecutive hours on any street, alley or other municipal property, which motor vehicle is not currently registered under the laws of the state; or

3. An inoperable motor vehicle left standing for more than seventy-two consecutive hours on any street, alley or other municipal property.

B. It is no defense to subsections (A)(2) or (A)(3) that the motor vehicle has been moved from one place to another, so long as it is left on a street, alley or other municipal property for more than seventy-two consecutive hours. (Ord. 1737 §2, 1996; Ord. 1015 §1, 1971; Ord. 935(part), 1968; Ord. 886 §3, 1967).

10.12.060 Impoundment--Generally.

A motor vehicle so abandoned as provided in Section 10.12.020 may be taken into custody by the police if same has been abandoned and shall be held at the expense of the owner or person entitled to the possession thereof. (Ord. 935(part), 1968; Ord. 886 §2, 1967).

10.12.070 Police--Duty.

A. It is the duty of the chief of police, whenever a discarded vehicle is found upon private property to:

1. Make an investigation to discover the owner of the vehicle and the person in charge of the property upon which such is located, and give written notice to them by personal service or by registered or certified mail, that the vehicle is in violation of this chapter; and

2. If the owner of the vehicle is not found, to place a notice upon the windshield or some other part of the vehicle where it can be easily seen.

B. The notice shall state that a certain discarded vehicle is in violation of this chapter and that within seven days of the day of the sending or posting of the notice:

1. The vehicle must be removed from the city or to the storage yard of a business enterprise dealing in junked vehicles lawfully conducted within the city; or

2. The vehicle must be stored in such a manner so as to be hidden from view from without the property in compliance with Section 10.12.040 of this chapter.

C. The notice shall also state that the alternative to compliance with subsection B of this section is to petition the city recorder and request appearance in writing before the city council within seven days of sending or posting of the notice and show cause why such vehicle should not be immediately abated as provided in this chapter.

D. The notice shall also state that failure to comply with this chapter authorizes the city to remove the vehicle and charge the cost. (Ord. 1766 §2, 1997; Ord. 1061 §4, 1972).

10.12.080 Police--Entry upon private property.

A. The chief of police is authorized at all reasonable times to enter upon private property and examine any vehicle for the purpose of determining whether or not it is in a discarded condition. However, before entering upon private property, the chief shall obtain the consent of an occupant thereof or a warrant of the municipal court authorizing his entry for the purpose of inspection, except when an emergency exists.

B. No search warrant shall be issued under the terms of this chapter until an affidavit has been filed with the municipal court, showing probable cause for such inspection by stating the purpose and extent of the proposed inspection, citing this chapter as the basis for such inspection, whether it is an inspection instituted by complaint or other specific or general information concerning the vehicle in question or the property on which it is situated.

C. It is unlawful for any person to interfere with or attempt to prevent the chief of police from entering upon private premises and inspecting any vehicle, when an emergency exists or when the chief exhibits a warrant authorizing entry. (Ord. 1061 §5, 1972).

10.12.090 Abatement--Hearing by city council.

Pursuant to a request, the city council shall fix a time for a hearing to show cause why a vehicle should not be immediately abated. It shall receive the evidence and testimony of the chief of police and other interested persons concerning the existence, location and condition of the vehicle. After the hearing, the council may authorize and order the vehicle removed by the city in accordance with the provisions of this chapter. The council shall make its order in the form of a resolution which declares the vehicle to be a public nuisance. The resolution may order the removal of more than one vehicle and may consolidate the hearings and orders relating to more than one vehicle. The persons receiving the notice specified in Section 10.12.070 shall be sent copies of the resolution of the council. In addition, the council may impose conditions and take such other action as it deems appropriate under the circumstances in order to carry out the purposes of this chapter. It may delay the time for removal of said vehicle where, in its opinion, the circumstances justify it. It shall refuse to order the removal of the vehicle where the vehicle, in the opinion of the council, is not subject to the provisions of this chapter. The council shall not be bound by the technical rules of evidence in the conduct of the hearing. (Ord. 1061 §6, 1972).

10.12.100 Abatement--City action--Vehicle appraisal.

A. Seven days after the giving of notice required in Section 10.12.070 or three days after adoption of a resolution declaring a vehicle to be a public nuisance as set forth in Section 10.12.090, the city shall be deemed to have acquired jurisdiction to abate the nuisance and may remove the vehicle by use of city employee or duly authorized independent contractors. It is unlawful for any person to interfere with, hinder or refuse to allow such persons to enter upon private property for the purpose of removing a vehicle under the provisions of this chapter.

B. After removing the vehicle, the city shall cause it to be appraised. The chief of police shall be competent to appraise said vehicle. (Ord. 1061 §7, 1972).

10.12.110 Impoundment--Redemption.

The owner or person entitled to possession of the motor vehicle taken into custody and held by the police department pursuant to this chapter may reclaim the motor vehicle upon presentation of satisfactory proof of payment of the costs and expenses incurred in the taking and storage of the motor vehicle; provided however, that the owner or person entitled to possession of the motor vehicle shall not be liable for nor required to pay storage charges for a period in excess of thirty days. (Ord. 935(part), 1968; Ord. 886 §4, 1967).

10.12.120 Unclaimed vehicle--Sale.

If an abandoned vehicle is not reclaimed under this chapter within thirty days after it is taken into custody, it shall be sold as provided by this chapter. (Ord. 935(part), 1968; Ord. 886 §5, 1967).

10.12.130 Unclaimed vehicle--Storage.

Whenever a motor vehicle has in any manner come into the custody of the police department without an owner or person entitled to possession thereof claiming the same, the police department shall either place the motor vehicle upon premises of the city as may from time to time be designated by the city manager or store the vehicle at the owner’s expense with some reputable storage yard, garage or other storage place pending investigation into the ownership or right of possession thereof. (Ord. 1969 §1(part), 2013; Ord. 886 §6, 1967).

10.12.140 Impoundment--Inquiry into ownership.

Upon taking custody of a motor vehicle the chief of police of the police department shall cause to be made diligent inquiry as to the name and address of the owner or other person interested therein or entitled to possession and examine the same for license number, motor number, serial number, make and style and for any other information which will aid in the identification of the motor vehicle, and in the identification of the owner or person entitled to possession. (Ord. 886 §7, 1967).

10.12.150 Impoundment--Information to Department of Motor Vehicles.

The chief of police shall cause to be transmitted the information concerning the motor vehicle to the Department of Motor Vehicles of the state with an inquiry for the name and address of the owner or other person interested therein or entitled to possession whenever the vehicle is required by law to be registered with the Department of Motor Vehicles of the state. If the owner or other person interested therein or entitled to the possession is found and identified, the chief of police shall cause that person to be immediately notified by registered or certified mail at his last known address that the vehicle is held by the police department of the city and will be delivered to the person entitled thereto upon the payment of the costs and expense of taking and storing the same, and such costs as are incidental to the notification to such person, and further, that in the event such property is not claimed and such costs are not paid that the motor vehicle will be sold on a date thereafter to be fixed by the chief of police to the highest and best bidder for cash, and after notice of such sale given, as hereinafter provided. No such sale shall be held until ten days have elapsed from the receipt by the owner of the registered or certified notice. (Ord. 886 §8, 1967).

10.12.160 Vehicle description--Notice of sale.

If the owner or other person interested or entitled to the possession of the motor vehicle cannot be found after due diligence, as herein set out, then the chief of police shall cause to be published in a newspaper of general circulation published in Jackson County, a notice describing the motor vehicle to be sold and setting forth the time and place of sale, and which notice shall be published not less than once a week for two successive weeks prior to the date of the sale. (Ord. 886 §9, 1967).

10.12.170 Impoundment--Proof of ownership.

If the owner or other interested person or persons entitled to the possession of said motor vehicle applies to the chief of police before a sale thereof for the return of the motor vehicle and submits to the chief of police evidence satisfactory to him of his interest therein and tenders with said application the costs in removing, storing and making sale of the motor vehicle, the chief of police, upon being satisfied that the claim is rightful, shall surrender the same to the claimant. (Ord. 886 §10, 1967).

10.12.180 Sale--Generally.

If no claim is made before the time set for the sale of the motor vehicle the chief of police shall, at the time and place fixed for the sale thereof, and within view of the property to be sold, offer the same for sale and sell the motor vehicle to the highest and best bidder therefor for cash and in default of bids from others for a greater sum shall bid the same in for the city in the amount of its costs incurred in the removing, keeping and sale of the same. (Ord. 886 §11, 1967).

10.12.190 Sale--Conveyance of property--Certificate.

Upon any such sale being consummated, the chief of police shall make, execute and deliver upon behalf of and in the name of the city a certificate of sale thereof, signed by him as chief of police of the city, conveying the property to the purchaser and delivering possession thereof to the purchaser. (Ord. 886 §12, 1967).

10.12.200 Sale--City nonliability.

Any sale and conveyance herein provided for shall be without redemption; the proceeds thereof shall go to the general fund of the city and the city shall assume no responsibility as to the condition of title of the property sold, and in the event that for any reason such sale is invalid, the liability of the city is limited to the return of the purchase price upon application therefor made to the council. (Ord. 886 §13, 1967).

10.12.210 Low value vehicle--Certificate of sale.

A. If the vehicle is appraised at seventy-five dollars or less, the chief of police shall file with the Department of Motor Vehicles an affidavit describing the vehicle, including the license plates, if any, stating the location and appraised value of the vehicle, and stating that the vehicle will be junked or dismantled. The chief of police may, without notice and public auction, dispose of the vehicle and execute a certificate of sale.

B. The certificate of sale shall be substantially as follows:

“CERTIFICATE OF SALE
This is to certify that under the provisions of ordinance No. 1061 entitled “An Ordinance for the Impounding and Disposition of Discarded Vehicles,” I did on the _______ day of _______, 20__, sell to _____________ for the sum of $____ cash, the following described personal property, to-wit:

(brief description of the property)

and in consideration of the payment of the said sum of $_________, receipt whereof is hereby acknowledged, I have this day delivered to said purchaser the foregoing property.
Dated this ______ day of _______, 20 __.
	_________________

Note: The city of Central Point assumes no responsibility as to the condition of title of the above described property. In case this sale shall for any reason be invalid, the liability of the city is limited to the return of the purchase price.”

(Ord. 1061 §58, 1972).

10.12.220 Sale--Notice.

A. If the vehicle is appraised over seventy-five dollars, the chief of police shall cause to be published a newspaper of general circulation within the city a notice of sale. The notice of sale shall state:

1. The sale is of discarded property in possession of the city;

2. A description of the vehicle, including the type, make, license number, I.D. number, and any other information which will aid in accurately identifying the vehicle;

3. The terms of the sale; and

4. The date, time and place of the sale.

B. The notice of sale shall be published two times. The first publication shall be made not less than ten days prior to the date of the proposed sale, and the second shall be made not less than three days prior to the date of the proposed sale. (Ord. 1061 §9, 1972).

10.12.230 Sale--Procedure--Certificate.

A. If a vehicle is appraised over seventy-five dollars, the chief of police shall hold a sale at the time and place appointed within the view of the vehicle to be sold.

B. The vehicle shall be sold to the highest and best bidder, providing that if no bids are entered, or those bids which are entered are less than the costs incurred by the city, the chief of police may enter a bid on behalf of the city in an amount equal to such costs.

C. At the time of payment of the purchase price, the chief of police shall execute a certificate of sale, in duplicate, the original of which shall be delivered to the purchaser, and the copy thereof filed with the city recorder of the city.

D. The certificate of sale shall be substantially as follows:

“CERTIFICATE OF SALE
This is to certify that under the provisions of Ordinance No. 1061 entitled “An Ordinance for the Impounding and Disposition of Discarded Vehicles” and pursuant to due notice of the time and place of sale, I did on the ________ day of __________, 20__, sell at public auction to __________________ for the sum of $_____ cash, he being the highest and best bidder, and that being the highest and best sum bid therefor, the following described personal property, to-wit:

(brief description of the property)

And in consideration of the payment of the said sum of $________, receipt whereof is hereby acknowledged, I have this day delivered to said purchaser the following property.

Dated this ________ day of __________, 20 ___.

________________________________
Note: The city of Central Point assumes no responsibility as to the condition of title of the above described property. In case this sale shall for any reason be invalid, the liability of the city is limited to the return of the purchase price.”

(Ord. 1061 §10, 1972).

10.12.240 Redemption before sale.

A. A vehicle, impounded under the provisions of this chapter, may be redeemed by its owner or by the person in charge of the property from which the vehicle was removed, before a sale or disposition has taken place, by applying to the police department, where upon he shall:

1. Submit evidence of his ownership or interest in the vehicle, satisfactory to the chief of police, that such claim is rightful; and

2. Pay the costs due and owing at the time the application to redeem is made; and

3. Give evidence that the nuisance character of the vehicle will not be allowed to be resumed.

B. Upon compliance with subsection A of this section, the chief of police shall execute a receipt and cause the vehicle to be returned. (Ord. 1061 §11, 1972).

10.12.250 Assessment of costs.

A. After disposing of the discarded vehicle and deducting the money, if any, received from any sale of the vehicle from the costs, the city recorder shall give notice as specified in Section 10.12.070 to the person in charge of the property from which the vehicle was removed:

1. Of the unpaid costs of abatement;

2. That the cost as indicated will be assessed to and become a lien against the real property unless paid within thirty days from the date of the notice;

3. That if the person in charge of the property objects to the cost of the abatement indicated, he may file a written notice of objection with the city recorder within twenty days from the date of the notice.

B. Within forty days after the date of the notice, objections to the proposed assessment shall be heard and determined by the council.

C. If the costs of the abatement are not paid within thirty days from the date of the notice, an assessment of the costs shall be made by resolution of the city council and shall be entered in the docket of city liens, and upon such entry being made shall constitute a lien upon the real property from which the nuisance was removed or abated.

D. The lien shall be enforced in the same manner as liens for street improvements are enforced, and shall bear interest at the rate of six percent per year. Such interest shall accrue from date of the entry of the lien in the lien docket.

E. An error in the name of the person in charge of the property shall not void the assessment nor will a failure to receive the notice of the proposed assessment render the assessment void. The assessment shall remain a valid lien against the property. (Ord. 1061 §12, 1972).

10.12.260 Penalties.

Any person violating any of the provisions of this chapter shall upon conviction thereof be punished by a fine not to exceed two hundred dollars for each violation. (Ord. 1117 §2, 1973; Ord. 1061 §13, 1972).

For statutory provisions regarding abandoned vehicles, see ORS 483.380 et seq.; for Charter provisions regarding nuisances, see City Charter Art. VII §4. Nuisances generally, see Ch. 8.04.