Chapter 10.15
DISCARDED AND ABANDONED VEHICLES
Sections:
10.15.020 Prohibited action and impoundment.
10.15.030 Investigation, notice and results of noncompliance.
10.15.050 Entry on private property.
10.15.060 Hearing by Municipal Judge.
10.15.070 Abatement by the City and warrant.
10.15.010 Definitions.
As used in this chapter, the following mean:
“Abandoned vehicle” means a motor vehicle on a public street or on public property:
a. For more than 48 hours without moving at least two-tenths of a mile if it is not parked adjoining the address shown on the registration for the vehicle; or
b. For more than 14 days without moving at least one mile if it is parked adjoining the address shown on the registration for the vehicle.
“City official” means the following:
a. The City Administrator or any person designated by the City Administrator to investigate an alleged violation pursuant to this chapter; or
b. Any person authorized by law, ordinance or court order to enforce laws, ordinances or court orders within the City of Harrisburg, including, but not limited to, law enforcement officials.
“Costs” means the expense of removing, storing, or selling an impounded vehicle.
“Day,” for the purposes of this chapter, refers to a calendar day.
“Discarded vehicle” means an inoperable vehicle on private property for a period of more than 10 days, except when:
a. The vehicle is on property wherein a business is located dealing with the repair or storage of vehicles, and the business is operating within the regulations of the City of Harrisburg.
b. The vehicle is kept within a garage or other sight-obscuring building.
c. The vehicle is registered to the address where it is located and the resident of the property informs the City Administrator, in writing and before the issuance of a citation, that the vehicle is being repaired. In such a case, the vehicle shall not remain on the property in an inoperable condition for more than 30 days. Not more than one such vehicle shall be allowed on the property at any one time.
d. The vehicle is registered to the address where it is located, it is at least 25 years old, and the resident of the property informs the City Administrator, in writing and before the issuance of a citation, that the vehicle is being restored.
In such a case, (1) the resident of the property shall provide information, if requested, indicating that some progress has been made in restoring the vehicle during each month; (2) the vehicle shall not be on the property in an inoperable condition for more than one year; and (3) not more than one such vehicle shall be allowed on the property at a time.
“Inoperable vehicle” means a vehicle, or major parts of a vehicle, that cannot be driven on a public street because of problems such as body damage, engine or transmission problems, missing parts, flat tire, or expired license plates.
“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.
“Person responsible” means the registered owner of a motor vehicle or other person responsible for a nuisance vehicle, including the person in charge of property.
“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 by human power or used exclusively upon stationary rails or tracks. For example, and not for limitation, the following are vehicles:
a. Motor vehicle including cars, trucks and motorcycles;
b. Motor home;
c. Utility trailer;
d. House or vacation trailer;
e. Implement of husbandry;
f. Article of machinery;
g. Boat;
h. Camper; or
i. Canopy or any part thereof.
“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. 969 § 1 (Exh. A), 2019; Ord. 850 § 1, 2006; Ord. 777 § 1, 2000; Ord. 753 § 1, 1998.]
10.15.020 Prohibited action and impoundment.
1. Abandoned and discarded vehicles are deemed to be a public nuisance subject to abatement pursuant to the provisions of this chapter, and any responsible person is subject to the penalty provisions referred to in HMC 10.15.080.
2. A vehicle may be towed and impounded without notice, at the expense of the vehicle’s owner, when:
a. The vehicle is a hazardous vehicle as defined under ORS 819.120 or any successor provision of State law;
b. A law enforcement officer reasonably believes the operator is driving the vehicle uninsured or without other means to prove financial responsibility as required by ORS 806.010;
c. The operator of the vehicle does not possess or cannot produce a valid operator’s license;
d. The motor vehicle has not been registered or the operator is unable to produce a valid registration card;
e. A law enforcement officer reasonably believes that the vehicle has been stolen;
f. A law enforcement officer reasonably believes that the vehicle or its contents constitute evidence of any offense, if the towing is reasonably necessary to obtain or preserve evidence;
g. The vehicle is in possession of a person taken into custody by a law enforcement officer and no other reasonable disposition of the vehicle is available; or
h. The vehicle is illegally parked on a public or private street in a conspicuously restricted space, zone or traffic lane where parking is limited or prohibited to designated classes of vehicles or during designated periods of time, or at any time when the vehicle interferes with the intended use of such space, zone or traffic lane including parade routes or construction zones that have been conspicuously identified at least 48 hours before the parade or nonemergency construction activity.
3. A vehicle may be towed after notice when:
a. A law enforcement officer reasonably believes that the vehicle is abandoned or discarded;
b. The vehicle is parked in violation of a temporary or permanent parking restriction where there is no reasonable need to immediately remove the vehicle; or
c. The vehicle is parked on City-owned property without express City permission. [Ord. 969 § 1 (Exh. A), 2019; Ord. 850 § 2, 2006; Ord. 777 § 2, 2000; Ord. 753 § 2, 1998.]
10.15.030 Investigation, notice and results of noncompliance.
1. If notice is required prior to the towing and impoundment of an abandoned or discarded vehicle, a notice shall be affixed to the vehicle at least 24 hours prior to the vehicle being towed.
2. An investigation shall occur to make a good faith effort to notify the owner of any vehicle subject to towing prior to having the vehicle removed. This may be accomplished by personal contact, telephone or by leaving notice attached to the vehicle at least 24 hours prior to removal.
3. Abandoned or discarded vehicles on private property shall have a notice mailed or delivered to the property owner and/or vehicle owner requesting abatement of the nuisance.
a. In the event the nuisance is not abated within 10 days of the mailing or personal delivery of the notice, the vehicle may be towed and impounded at the expense of the owner or person responsible for the nuisance vehicle and/or a citation may be issued to the person in charge of the property and/or the vehicle. [Ord. 969 § 1 (Exh. A), 2019; Ord. 850 § 3, 2006; Ord. 753 § 3, 1998.]
10.15.040 Contents of notice.
1. If a notice is required to be affixed to the vehicle, the notice shall state:
a. That the vehicle will be subject to towing and impoundment by a law enforcement officer if the vehicle is not removed before a specified date and time.
b. The statute or ordinance number violated by the vehicle and under which the vehicle will be removed.
c. The place where the vehicle will be impounded or the telephone number and address of the appropriate authority that will provide the information.
d. That a towed or impounded vehicle will be subject to towing and storage charges and that a lien will attach to the vehicle and its contents which if not paid may be satisfied by the sale of the vehicle.
e. That the owner, possessor or person having an interest in the vehicle is entitled to a hearing, to contest the validity of the removal and custody or proposed removal and custody of the vehicle.
f. The method for requesting a hearing.
2. If a notice is required to be mailed or delivered prior to towing, the notice shall include:
a. A description of the vehicle.
b. The location of the vehicle.
c. That the vehicle will be subject to towing and impoundment by a law enforcement officer if the vehicle is not removed within 10 days of the date the notice is sent or delivered.
d. The statute or ordinance number violated by the vehicle and under which the vehicle will be removed.
e. The place where the vehicle will be impounded or the telephone number and address of the appropriate authority that will provide the information.
f. That a towed or impounded vehicle will be subject to towing and storage charges and that a lien will attach to the vehicle and its contents.
g. That the vehicle will be sold to satisfy the costs of towing and storage if the charges are not paid in a timely manner.
h. 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 towing if the hearing is requested in a timely manner.
i. 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.
j. That before the expiration of the 10-day period referred to in this section, the person responsible can deliver to the City Recorder at 120 Smith Street, PO Box 378, Harrisburg, Oregon 97446, a written request to appear before the Municipal Judge to show why the vehicle should not be towed.
k. That the person responsible may also be served with a citation that could result in a fine of up to $500.00 per day that the violation continues.
3. If there is no vehicle identification number on a vehicle and there are no registration plates and no other markings through which the Department of Transportation could identify the owner of the vehicle, or if the Department of Transportation records do not identify a current owner of the vehicle, then the notice requirements of subsection (2) of this section shall not apply and the vehicle may be towed, impounded and sold as though notice and an opportunity for a hearing had been given. [Ord. 969 § 1 (Exh. A), 2019; Ord. 850 § 4, 2006; Ord. 753 § 5, 1998.]
10.15.050 Entry on private property.
1. Prior to entering onto private property to determine if a vehicle is a discarded vehicle, the City official shall obtain the consent of an occupant or a warrant of the Municipal Court authorizing entry for inspection.
2. A search warrant shall be issued under the terms of this chapter and filed with the Municipal Court showing probable cause for the inspection by stating the purpose and extent of the proposed inspection, citing this chapter as the basis for the inspection, stating 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 located.
3. No person shall interfere with or attempt to prevent a City official from entering onto private premises and inspecting a vehicle when an emergency exists or when the official exhibits a warrant authorizing entry. [Ord. 969 § 1 (Exh. A), 2019; Ord. 906 § 1, 2012; Ord. 850 § 5, 2006; Ord. 753 § 6, 1998.]
10.15.060 Hearing by Municipal Judge.
1. Following a request to appear in accordance with HMC 10.15.040, the Municipal Judge shall provide a hearing for the petitioner to show cause why an abandoned or discarded vehicle should not be abated immediately and to receive evidence and the testimony of the City official and other interested persons concerning the existence, location, and condition of the vehicle. After the hearing, the Judge may order the vehicle removed by the City in accordance with the provisions of this chapter.
2. The order may require the removal of more than one vehicle and may consolidate the hearings and orders relating to more than one vehicle. Persons receiving the notice specified in HMC 10.15.040 shall be sent copies of the order.
3. The Judge may impose conditions and take other action considered appropriate under the circumstances to carry out the purposes of this chapter. The Judge shall refuse to order removal of the vehicle when the vehicle, in the opinion of the Judge, is not subject to the provisions of this chapter. The Judge shall not be bound by technical rules of evidence in conducting the hearing. [Ord. 969 § 1 (Exh. A), 2019; Ord. 850 § 6, 2006; Ord. 753 § 7, 1998.]
10.15.070 Abatement by the City and warrant.
1. Ten days after giving notice as required by this chapter, or, if a hearing is held, then 10 days after a ruling by the Municipal Judge declaring a vehicle to be a public nuisance, the City shall have jurisdiction to abate the nuisance and may remove the vehicle by use of City employees or authorized independent contractors.
2. Prior to abating the nuisance, the City or Linn County Sheriff’s Office will obtain a warrant from the Harrisburg Municipal Court to seize vehicle.
3. No person shall interfere with, hinder or refuse to allow authorized persons to enter onto private property for the purpose of removing a vehicle under the provisions of this chapter. [Ord. 969 § 1 (Exh. A), 2019; Ord. 850 § 7, 2006; Ord. 753 § 8, 1998.]
10.15.080 Penalty.
In addition to any other abatement penalty as set forth herein, violation of or failure to comply with any provision of this chapter is punishable upon conviction by a fine not to exceed $500.00. Each day’s violation constitutes a separate offense. [Ord. 969 § 1 (Exh. A), 2019; Ord. 850 § 11, 2006; Ord. 753 § 14, 1998. Formerly 10.15.110.]
10.15.090 Severability.
Invalidity of a section or part of a section of this chapter shall not affect the validity of the remaining sections or parts of sections. [Ord. 969 § 1 (Exh. A), 2019; Ord. 850 § 12, 2006; Ord. 753 § 15, 1998. Formerly 10.15.120.]