Chapter 8.15 ABANDONED AND DISCARDED VEHICLES

A. “Abandoned vehicle” means a vehicle left on a street, right-of-way or other public property that has not been driven more than 500 feet for at least 72 hours. “Abandoned vehicle” also means a vehicle left on a street or right-of-way for more than 24 hours and one or more of the following conditions exist:

1. The vehicle does not have a lawfully affixed, unexpired registration plate, or fails to display current registration.

2. The vehicle appears to be inoperative or disabled.

3. The vehicle has one or more flat tires or has missing wheels.

4. The vehicle appears to be wrecked, partially dismantled or junked.

B. “Hazardous vehicle” means a vehicle that is disabled, abandoned, parked or left standing on a road, highway, right-of-way, alley or other public property within the city and that is in such a location or condition as to constitute a hazard or obstruction to people using the road, street, alley or other public property. For example, and not by limitation, the following are hazardous vehicles:

1. Any vehicle blocking public or private rights-of-way.

2. Any vehicle with leaks in gas tanks.

3. Any vehicle blocking fire hydrants.

4. Any vehicle that is parked so that any part of the vehicle extends within the paved portion of the travel lane.

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

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

E. “Private garage” means a reputable, private storage yard, garage, or other storage place selected by the city council or an officer of the city designated by the council to make such selection.

F. “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. 5-2008; Ord. 5-1985 § 1)

8.15.020 Abandoned vehicles prohibited.

A. No vehicle which the law enforcement officer has reason to believe is an abandoned vehicle shall be parked or left standing upon the right-of-way of any public street or alley or other public property within the city of Fairview.

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. 5-2008; Ord. 5-1985 § 2)

8.15.030 Impounding hazardous vehicles.

A. Upon discovering a hazardous vehicle, the law enforcement officer may immediately cause the vehicle to be towed or impounded without prior notice to the owner.

B. The owner of the vehicle shall be responsible for the cost of towing and storing the vehicle. (Ord. 5-2008; Ord. 5-1985 § 3)

8.15.040 Towing and storage liens.

A. A qualified towing and storage operator who, at the request of a city official, takes a vehicle into custody under the provisions of this article shall have a lien on the vehicle and its contents for the just and reasonable towing and storage charges, may retain possession of it until the charges are paid, and may have it sold at public auction to satisfy the lien. The lien that attaches to the vehicle and its contents shall be a possessory chattel lien in accordance with ORS 87.152 and shall be foreclosed in the manner provided in ORS 87.152 to 87.212, except as provided in subsection (C) of this section.

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 and its contents shall be disposed of at a public auction, except as provided in subsection (C) of this section.

C. If the appraised value of the vehicle is $750.00 or less, the vehicle may be disposed of in the manner provided in ORS 819.220. (Ord. 5-2008; Ord. 5-1985 § 4)

8.15.050 Notice prior to removal – Methods – Contents.

A. Whenever a vehicle is found in violation of FMC 8.15.020, it shall be the duty of the law enforcement officer to attempt to locate the owner of the vehicle by transmitting the license number or vehicle identification number (if available or accessible) to the state agency responsible for storing vehicle owner and registration information. If the owner is identified, the law enforcement officer should attempt to notify the owner that the vehicle is in violation of city code and must be moved within 24 hours or the vehicle will be towed.

B. Whether or not the owner is identified and contacted, before an officer can tow a vehicle pursuant to FMC 8.15.020, the officer will cause a notice to be placed upon the windshield or some other part of the vehicle easily seen by the passing public.

The notice required under this section shall comply with all of the following:

1. Notice shall be given by affixing a notice to the vehicle with the required information. The notice shall be affixed to the vehicle at least 24 hours before taking the vehicle into custody. The 24-hour period under this subsection includes holidays, Saturdays and Sundays.

2. Notice shall state the following:

a. That the vehicle will be subject to being taken into custody and removed by the appropriate authority.

b. The statute, ordinance, or rule violated by the vehicle and under which the vehicle will be removed.

c. The place where the vehicle will be held in custody or the telephone number and address of the appropriate authority that will provide the information.

d. That the vehicle, if taken into custody and removed by the appropriate authority, will be subject to towing and storage charges and that a lien will be attached to the vehicle and its contents.

e. That the vehicle will be sold to satisfy the costs of towing and storage if the charges are not paid.

f. That the owner, possessor or person having an interest in the vehicle is entitled to a hearing, before the vehicle is impounded, to contest the proposed custody and removal, if a hearing is timely requested.

g. That the owner, possessor or person having an interest in the vehicle may also challenge the reasonableness of any towing and storage charges at the hearing.

h. That the owner must request a hearing, in writing, within five days after receipt of the notice pursuant to FMC 8.15.070. Failure to request a hearing, in writing, within five days shall act as a waiver of the right to a hearing.

3. If there is no vehicle identification number on a vehicle and there are no registration plates and no other markings to identify the owner of the vehicle, then an officer is not required to provide such notice and the vehicle may be removed and disposed of as though notice and an opportunity for a hearing had been given.

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 appropriate sections.

C. This section does not apply to a hazardous vehicle. (Ord. 5-2008; Ord. 5-1985 § 5)

8.15.060 Notice after removal – Method – Contents.

A. After a hazardous vehicle has been taken into custody pursuant to FMC 8.15.030, notice must be provided to the owner.

1. Notice shall be by certified mail within 48 hours of the removal.

2. The notice must be sent to the last known owners of the vehicle and any lessors or security interest holders as shown in the records of the Department of Motor Vehicles.

3. The 48-hour period under this subsection does not include holidays, Saturdays or Sundays.

4. If a notice is returned as unclaimed or the owner has moved and failed to provide a forwarding address or notify the Department of Motor Vehicles of their change of address, the notice requirement shall be considered met for purposes of this section.

B. Any notice given under this section after a vehicle is taken into custody and removed shall state all of the following:

1. That the vehicle has been taken into custody and removed by the city and the statute, ordinance or rule under which the vehicle has been taken into custody and removed.

2. The location of the vehicle or the telephone number and address of the appropriate authority that will provide the information.

3. That the vehicle is subject to towing and storage charges, the amount of charges that have accrued to date, the daily storage charges, and that the owner is responsible for those charges.

4. That the vehicle and its contents are subject to a lien for payment of the towing and storage charges and that the vehicle and its contents will be sold to cover the charges if the charges are not paid within 30 days.

5. That the owner, possessor or person having an interest in the vehicle and its contents is entitled to a prompt hearing to contest the validity of taking the vehicle into custody and removing it and to contest the reasonableness of the charges for towing and storage, if a hearing is timely requested.

6. The owner must request a hearing, in writing, within five days after receipt of the notice pursuant to FMC 8.15.070. Failure to request a hearing, in writing, within five days shall act as a waiver of the right to a hearing.

7. That the vehicle and its contents may be immediately reclaimed by presentation to the city of satisfactory proof of ownership or right to possession and either payment of the towing and storage charges or the deposit of cash security or a bond equal to the charges with the city. (Ord. 5-2008; Ord. 5-1985 § 6)

8.15.070 Hearing to contest validity of removal and custody.

A. A person provided notice under FMC 8.15.050 or 8.15.060 or any other person who reasonably appears to have an interest in the vehicle may request a hearing under this section to contest the validity of the removal and custody of a vehicle or proposed removal and custody of a vehicle under this section by submitting a request for hearing with the appropriate authority not more than five days from the mailing date of the notice. The five-day period in this section does not include holidays, Saturdays or Sundays.

B. The city manager shall appoint a hearings officer. The hearings officer at a hearing under this section may be an officer, official or employee of the appropriate authority but shall not have participated in any determination or investigation related to the taking into custody and removing of the vehicle that is subject to the hearing.

C. A hearing under this section shall comply with all of the following:

1. If the city receives a request for hearing before the vehicle is taken into custody and removed pursuant to FMC 8.15.020, the vehicle shall not be removed unless the vehicle constitutes a hazardous vehicle.

2. A request for hearing shall be in writing and shall state grounds upon which the person requesting the hearing believes that the custody and removal of the vehicle is not justified.

3. Upon receipt of a request for a hearing under this section, the city shall set a time for the hearing within 72 hours of the receipt of the request and shall provide notice of the hearing to the person requesting the hearing and to the owners of the vehicle and any lessors or security interest holders shown in the records of the Department of Transportation, if not the same as the person requesting the hearing. The 72-hour period in this subsection does not include holidays, Saturdays or Sundays. The hearing can be set for a later date if the owner or person entitled to possession so requests.

4. If the city finds, after hearing and by substantial evidence on the record, that the custody and removal of a vehicle was:

a. Invalid, the city shall order the immediate release of the vehicle to the owner or person with the right of possession. If the vehicle is released under this paragraph, the person to whom the vehicle is released is not liable for any towing or storage charges. If the person has already paid the towing and storage charges on the vehicle, the city shall reimburse the person for the charges. New storage costs on the vehicle will not start to accrue, however, until more than 24 hours after the time the vehicle is officially released to the person under this paragraph.

b. Valid, the appropriate authority shall order the vehicle to be held in custody until the costs of the hearing and all towing and storage costs are paid by the party claiming the vehicle. If the vehicle has not yet been removed, the appropriate authority shall order its removal.

5. A person who fails to appear at a hearing under this section is not entitled to another hearing unless the person provides reasons satisfactory to the city for the person’s failure to appear.

6. The city is only required to provide one hearing under this section for each time the city takes a vehicle into custody and removes the vehicle or proposes to do so.

7. A hearing under this section may be used to determine the reasonableness of the charge for towing and storage of the vehicle. Towing and storage charges set by law, ordinance or rule or that comply with law, ordinance or rule are reasonable for purposes of this subsection.

8. The city shall provide a written statement of the results of a hearing held under this section to the person requesting the hearing.

9. Hearings held under this section may be informal in nature, but the presentation of evidence in a hearing shall be consistent with the presentation of evidence required for contested cases under ORS 183.450.

10. The determination of the hearings officer at a hearing under this section is final and is not subject to appeal.

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. 8-2021 § 1; Ord. 5-2008; Ord. 5-1985 § 7)

8.15.080 Exemption.

A vehicle that is being held as part of any criminal investigation is not subject to any requirements under FMC 8.15.050 or 8.15.060 unless the criminal investigation relates to the theft of the vehicle. (Ord. 5-2008; Ord. 5-1985 § 8)

8.15.090 Decision.

If the municipal judge or hearings officer finds that:

A. The action of the law enforcement officer in taking the vehicle into custody was proper, the municipal judge or hearings officer 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 or hearings officer 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.

C. The action of the municipal judge or hearings officer is final. (Ord. 5-1985 § 9)

8.15.100 Failure to appear.

If the person requesting the hearing does not appear at the scheduled hearing, the judge or hearings officer may enter an order supporting the removal and assessment of towing and storage costs and apply any security posted against such costs. (Ord. 5-1985 § 10)

Article II. Discarded Vehicles

8.15.110 Definitions.

Repealed by Ord. 4-2017. (Ord. 1-1986 § 1)

8.15.120 Declaration of public nuisance.

Repealed by Ord. 4-2017. (Ord. 1-1986 § 2)

8.15.130 Prohibited action.

Repealed by Ord. 4-2017. (Ord. 1-1986 § 3)

8.15.140 Police duty.

Repealed by Ord. 4-2017. (Ord. 1-1986 § 4)

8.15.150 Entry upon private property.

Repealed by Ord. 4-2017. (Ord. 1-1986 § 5)

8.15.160 City council hearing.

Repealed by Ord. 4-2017. (Ord. 1-1986 § 6)

8.15.170 Abatement procedures.

Repealed by Ord. 4-2017. (Ord. 1-1986 § 7)

8.15.180 Redemption procedures.

Repealed by Ord. 4-2017. (Ord. 1-1986 § 8)

8.15.190 Low-value vehicle.

Repealed by Ord. 4-2017. (Ord. 1-1986 § 9)

8.15.200 Public sale notice.

Repealed by Ord. 4-2017. (Ord. 1-1986 § 10)

8.15.210 Public sale procedures.

Repealed by Ord. 4-2017. (Ord. 1-1986 § 11)

8.15.220 Assessment of costs.

Repealed by Ord. 4-2017. (Ord. 1-1986 § 12)

8.15.230 Penalties.

Repealed by Ord. 4-2017. (Ord. 1-1986 § 13)