Chapter 8.10 DISCARDED AND ABANDONED VEHICLES

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

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

“Vehicle owner” means an individual, firm, corporation or unincorporated association with a claim, either individually or jointly, of ownership or an interest, legal or equitable, in a vehicle. [Ord. 255 § 1, 1981].

8.10.020 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 causing 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 article. [Ord. 255 § 2, 1981].

8.10.030 Prohibited action.

No person shall store or permit the storing of a discarded vehicle upon private property within the city unless the vehicle is completely enclosed within a building or unless it is in connection with a lawfully conducted business enterprise dealing in junked vehicles. [Ord. 255 § 3, 1981].

8.10.040 Police duty.

A. Whenever a discarded vehicle is found on private property, the law enforcement officer shall:

1. Make an investigation to discover the owner of the vehicle and the person in charge of the property on which the vehicle 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 article.

2. If the owner of the vehicle is not found, 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 article and that within 10 days of the day of sending or posting the notice:

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

2. Be completely enclosed within a building.

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 30 days of sending or posting the notice and show cause why the vehicle should not be immediately abated as provided in this article.

D. The notice shall also state that failure to comply with this article authorizes the city to remove the vehicle and charge the cost against the property. [Ord. 255 § 4, 1981].

8.10.050 Entry on private property.

A. The law enforcement officer is authorized at all reasonable times to enter on private property and examine a vehicle to determine whether it is in a discarded condition. Except when an emergency exists, before entering on private property, the officer shall obtain the consent of an occupant or a warrant of the municipal court authorizing entry for inspection.

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

C. No person shall interfere with or attempt to prevent the law enforcement officer from entering on private premises and inspecting a vehicle when an emergency exists or when the officer exhibits a warrant authorizing entry. [Ord. 255 § 5, 1981].

8.10.060 Hearing by council.

A. Following a request, the council shall fix a time for a hearing to show cause why a vehicle should not be abated immediately and to receive evidence and the testimony of the law enforcement officer and other interested persons concerning the existence, location and condition of the vehicle. After the hearing, the council may order the vehicle removed by the city in accordance with the provisions of this article.

B. The council shall make its order in the form of a resolution declaring 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 CMC 8.10.040 shall be sent copies of the resolution of the council.

C. The council may impose conditions and take such other action as it considers appropriate under the circumstances to carry out the purposes of this article. It may delay the time for removal of the vehicle when, in its opinion, the circumstances justify it. It shall refuse to order removal of the vehicle when the vehicle, in the opinion of the council, is not subject to the provisions of this article. The council shall not be bound by technical rules of evidence in conducting the hearing. [Ord. 255 § 6, 1981].

8.10.070 Abatement by the city and appraisal.

A. Ten days after giving the notice required in CMC 8.10.040 or 10 days after adoption of a resolution declaring a vehicle to be a public nuisance as required in CMC 8.10.060, the city will be considered to have acquired jurisdiction to abate the nuisance and may remove the vehicle by use of city employees or authorized independent contractors. No person shall interfere with, hinder or refuse to allow authorized persons to enter on private property for the purpose of removing a vehicle under the provisions of this article.

B. After removing the vehicle, the city shall cause it to be appraised. [Ord. 255 § 7, 1981].

8.10.080 Low-value vehicle.

A. If the vehicle is appraised at $300.00 or less, the law enforcement officer shall file an affidavit with the Motor Vehicles Division 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 law enforcement officer may dispose of the vehicle and execute a certificate of sale without notice and public auction.

B. The certificate of sale shall be on a form provided by the city recorder. [Ord. 255 § 8, 1981].

8.10.090 Public sale notice.

A. If the vehicle is appraised over $300.00, the law enforcement officer shall publish a notice of sale in a newspaper of general circulation within the city. The notice of sale shall state:

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

2. A description of the vehicle, including the type, make, license number, identification number, and any other information that will aid in accurately identifying the vehicle.

3. The terms of the sale.

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 15 days before the date of the proposed sale, and the second shall be made not less than seven days before the date of the proposed sale. [Ord. 255 § 9, 1981].

8.10.100 Public sale.

A. If a vehicle is appraised over $300.00, the law enforcement officer shall hold a sale at the time and place appointed, within view of the vehicle to be sold.

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

C. At the time of payment of the purchase price, the law enforcement officer shall execute a certificate of sale in duplicate; the original shall be delivered to the purchaser and a copy filed with the city recorder.

D. The certificate of sale shall be on a form provided by the city recorder. [Ord. 255 § 10, 1981].

8.10.110 Redemption before sale.

A. A vehicle impounded under the provisions of this article may be redeemed by its owner, or by the person in charge of the property from which the vehicle was removed, by applying to the law enforcement officer before a sale or disposition has taken place. The person shall:

1. Submit satisfactory evidence of ownership or interest in the vehicle to the law enforcement officer that the claim is rightful.

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

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

B. Upon compliance with subsection (A) of this section, the law enforcement officer shall execute a receipt and cause the vehicle to be returned. [Ord. 255 § 11, 1981].

8.10.120 Assessment of costs.

A. After disposing of the discarded vehicle and deducting any money received from sale of the vehicle from the costs, the city recorder shall give notice as specified in CMC 8.10.040 to the person in charge of the property from which the vehicle was removed:

1. Of the unpaid costs of abatement.

2. That the costs as indicated will be assessed to and become a lien against the real property unless paid within 30 days from the date of the notice.

3. That if the person in charge of the property objects to the indicated costs of the abatement, a written notice of objection may be filed with the city recorder within 20 days from the date of the notice.

B. Within 40 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 30 days from the date of the notice, an assessment of the costs shall be made by council resolution, entered in the docket of city liens, and when the entry is made, it shall constitute a lien on 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 12 percent per annum. Interest shall accrue from the 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 notice of the proposed assessment render the assessment void. The assessment shall remain a valid lien against the property. [Ord. 255 § 12, 1981].

Article II. Abandoned Vehicles

8.10.130 Definitions.

As used in this article, unless the context requires otherwise, the following mean:

“Abandoned vehicle” means a vehicle left unoccupied and unclaimed or in a damaged, disabled or dismantled condition such that the vehicle is inoperable.

“Hazardous vehicle” means a vehicle left in a location or condition such as to constitute an immediate and continuous hazard to the safety of persons using the streets or alleys of the city. For example, and not by limitation, the following are hazardous vehicles:

A. Vehicles blocking public or private rights-of-way.

B. Vehicles with leaks in gas tanks.

C. Vehicles blocking fire hydrants.

“Law enforcement officer” means any authorized law enforcement officer of the city, or other city employee authorized to enforce this article.

“Owner” means a person with a claim, either individually or jointly, or ownership of any interest, legal or equitable, in a vehicle.

“Private garage” means a reputable, private storage yard, garage, or other storage place selected by the law enforcement officer.

“Vehicle” means every device in, upon or by which a person or property is or may be transported or drawn upon a public highway, except devices moved exclusively by human power or used exclusively upon stationary rails or tracks. [Ord. 248 § 1, 1981].

8.10.140 Abandoned vehicles prohibited.

A. No vehicle which the law enforcement officer has reason to believe is disabled or abandoned shall be parked or left standing upon the right-of-way of any city street or alley or upon any city property for a period in excess of two days.

B. A vehicle so parked or left standing may be taken into custody by the law enforcement officer and shall be held at the expense of the owner or person entitled to possession of the vehicle. The law enforcement officer may use department personnel, equipment and facilities for the removal and preservation of the vehicle, or may hire other personnel, equipment and facilities for that purpose. [Ord. 248 § 2, 1981].

8.10.150 Impounding hazardous vehicles.

A. It shall be the duty of the law enforcement officer, upon discovering a hazardous vehicle, to immediately cause the vehicle to be towed and impounded.

B. The owner of the vehicle shall be responsible for the cost of towing and storing the vehicle. [Ord. 248 § 3, 1981].

8.10.160 Towing and storage liens.

A. A person who, at the request of the law enforcement officer, takes a vehicle into custody under the provisions of this article shall have a lien on the vehicle for the just and reasonable towing and storage charges, may retain possession of the vehicle until the charges are paid, and may have the vehicle sold at public auction to satisfy the lien. The lien that attaches to the vehicle shall be a possessory chattel lien in accordance with ORS 87.152 and shall be foreclosed in the manner provided in ORS 87.152 through 87.212. If the appraised value of the vehicle is $300.00 or less, the vehicle shall be disposed of in the manner provided in ORS 483.395.

B. If the vehicle is taken into custody under the provisions of this article and held by the law enforcement officer rather than by a private garage at his request, the vehicle shall be disposed of in the manner provided in ORS 483.386 through 483.394. [Ord. 248 § 4, 1981].

8.10.170 Pre-towing investigation and notice.

A. Whenever a vehicle is found in violation of CMC 8.10.140, it shall be the duty of the law enforcement officer to:

1. Make a routine investigation to discover the owner and request removal of the vehicle; or

2. Failing to discover the owner by such a process, make a diligent inquiry as to the name and address of the owner of the vehicle by examining it for license number, identification number, make, style and any other information which will aid in the identification of the ownership, and transmit all available information pertaining to the vehicle to the Motor Vehicles Division of this state with an inquiry for the name and address of the owner, whenever such vehicle is required by law to be registered with that office.

3. If the owner is identified, mail a notice to the owner at the address shown with the Motor Vehicles Division.

4. Whether or not the owner is identified, place a notice upon the windshield or some other part of the vehicle easily seen by the passing public.

B. This section does not apply to a hazardous vehicle. [Ord. 248 § 5, 1981].

8.10.180 Contents of notice.

A. Notices sent or placed under CMC 8.10.170 shall have the following information:

1. The name of the officer or other city employee issuing the notice.

2. That if the vehicle is not removed within the legal time limit, the vehicle will be towed and taken into custody as an abandoned vehicle.

3. That any person who, at the request of the law enforcement officer, tows an abandoned vehicle shall have a lien on the vehicle for the just and reasonable towing and storage charges, may retain possession of the vehicle until the charges are paid, and may have the vehicle sold at public auction to satisfy the lien.

4. That the owner of the vehicle may request a hearing on the validity of the proposed tow and the creation and amount of the lien.

5. How and where the owner of the vehicle may get information about the opportunity for a hearing and the location of the vehicle, if it has been towed.

B. If the owner of the vehicle requests a hearing before the vehicle is taken into custody, the vehicle shall not be taken until a hearing is set and held in accordance with CMC 8.10.190 through 8.10.220. [Ord. 248 § 6, 1981].

8.10.190 Post-towing notice.

A. After an abandoned vehicle has been taken into custody, notice must be provided to the owner indicating:

1. The location of the vehicle;

2. That a lien has arisen on the vehicle in favor of the person who towed the vehicle;

3. That the vehicle may be sold at public auction to satisfy the lien; and

4. That a hearing on the validity of the tow and on the creation and amount of the lien may be held, if requested.

B. Notice is considered given when a certified letter addressed to the registered owner of the vehicle and a similar letter addressed to the legal owner, if any, return receipt requested and postage prepaid, is mailed within 24 hours after the vehicle is taken into possession by or at the direction of the law enforcement officer.

C. If the vehicle is registered in the office of the Motor Vehicles Division of this state, notice may be addressed to the registered owner and the legal owner, if any, at the latest respective address of each shown by the records in the office of the Motor Vehicles Division. If the vehicle is not so registered, reasonable efforts shall be made to ascertain the names and addresses of the legal owner and persons entitled to possession of the vehicle so that notice may be mailed, if reasonably possible, within the time period outlined in this section. The owner must request a hearing within five days after receipt of the notice. The request may be made in person or in writing, and failure to appear in person or to mail a letter within five days after receipt of the notice shall act as a waiver of the right to a hearing. [Ord. 248 § 7, 1981].

8.10.200 Hearing.

A. Upon request of the legal owner or the person entitled to possession of the vehicle, a hearing shall be held before the municipal judge.

B. The hearing shall be set and conducted within 48 hours of receipt of the request, holidays, Saturdays and Sundays not to be included. The hearing can be set for a later date if the owner or person entitled to possession so requests. At the hearing, the owner may contest:

1. The validity of the action of the law enforcement officer in taking the vehicle into custody; and

2. The creation and amount of the lien attached to the vehicle.

C. The city shall have the burden of showing the validity of the taking of the vehicle.

D. At any time prior to the requested hearing, the owner or the person entitled to possession of the vehicle may regain possession of the vehicle by posting with the city security in the form of cash in an amount sufficient to cover costs of removing and storage. [Ord. 248 § 8, 1981].

8.10.210 Decision.

If the municipal judge finds that:

A. The action of the law enforcement officer in taking the vehicle into custody was proper, the municipal judge shall enter an order supporting the removal.

B. The action of the law enforcement officer in taking the vehicle into custody was invalid, the judge shall:

1. Order the vehicle released to the owner;

2. Find that the owner is not liable for any towing or storage charges occasioned by the taking; and

3. Order the city to satisfy the towing and storage lien.

The action of the municipal judge is final. [Ord. 248 § 9, 1981].

8.10.220 Failure to appear.

If the person requesting the hearing does not appear at the scheduled hearing, the judge may enter an order supporting the removal and assessment of towing and storage costs and apply any security posted against such costs. [Ord. 248 § 10, 1981].