Chapter 8.15
JUNKED AND ABANDONED VEHICLES
Sections:
8.15.020 Declaration of public nuisance.
8.15.040 Entry on private property.
8.15.060 Notice of impoundment and sale.
8.15.090 Redemption before sale.
8.15.110 Assessment of costs on property.
8.15.010 Definitions.
As used in this chapter, unless the context requires otherwise:
“Costs” shall mean the expense of removing, storing or selling a junked vehicle.
“Discarded vehicle” means a vehicle that has been extensively damaged or dismantled, including, but not limited to, a broken window or windshield, missing wheels, tires, motor or transmission. For the purposes of this section, a showing that a vehicle, if operated on a public highway of this State, would be in violation of three or more of the provisions of the Oregon Vehicle Code regarding required equipment for motor vehicles, creates a rebuttable presumption that the vehicle is a discarded vehicle. Discarded vehicles include major parts of vehicles, including, but not limited to, bodies, engines, transmission or rear ends.
“Law enforcement officer” includes and means any authorized law enforcement officer of the City of Monmouth.
“Vehicle” shall mean any 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.
“Vehicle owner” shall mean 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. 807, § 1; amended by Ord. 919, § 1, Dec. 7, 1982; Ord. 1055, April 7, 1992. Code 1983 § 44.810.)
8.15.020 Declaration of public nuisance.
The open accumulation and storage of a discarded vehicle is hereby 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 hereby declared to constitute a public nuisance which may be abated in accordance with the provisions of this chapter. (Ord. 919, § 1, Dec. 7, 1982. Code 1983 § 44.812.)
8.15.030 Prohibited action.
It shall be unlawful to store or permit the storing of a discarded vehicle upon any private property within the City unless the vehicle is completely enclosed within a building or unless it is in connection with a business enterprise dealing in junk vehicles lawfully conducted within the City. (Ord. 919, § 1, Dec. 7, 1982. Code 1983 § 44.814.)
8.15.040 Entry on private property.
(1) 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.
(2) 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 the inspection by stating the purpose and extent of the proposed inspection, citing this chapter as a 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.
(3) 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. 919, § 1, Dec. 7, 1982. Code 1983 § 44.817.)
8.15.050 Towing of vehicles.
The City may contract the services of one or more competent towing service firms for the removal and storage of a vehicle deemed to be a nuisance. Said contract shall provide a schedule of charges for towing and storage of such vehicles. (Ord. 807, § 4, amended by Ord. 919, § 1, Dec. 7, 1982. Code 1983 § 44.825.)
8.15.060 Notice of impoundment and sale.
If the owner is identified, he shall be notified immediately by registered or certified mail that such vehicle is held by the Police Department of the City. The notice shall also state:
(1) The reason for impounding the vehicle.
(2) The existing costs charged against the vehicle.
(3) An estimate of future costs, including the costs of advertising the vehicle for sale. (Ord. 807, § 5; amended by Ord. 919, § 1, Dec. 7, 1982. Code 1983 § 44.830.)
8.15.070 Low value vehicle.
(1) If the vehicle is appraised at $750.00 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 in public auction.
(2) The certificate of sale shall be on a form provided by the City Recorder. (Ord. 807, § 6; amended by Ord. 919, § 1, Dec. 7, 1982. Code 1983 § 44.835.)
8.15.080 Public sale notice.
(1) If a vehicle is appraised over $750.00, the law enforcement officer shall hold a sale at the time and place appointed, within view of the vehicle to be sold.
(2) 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.
(3) At the time of payment of 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.
(4) The certificate of sale shall be on a form provided by the City Recorder. (Ord. 807, § 7; amended by Ord. 919, § 1, Dec. 7, 1982. Code 1983 § 44.840.)
8.15.090 Redemption before sale.
(1) 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 by applying to the law enforcement officer before the sale or disposition has taken place. The person shall:
(a) Submit satisfactory evidence of ownership or interest in the vehicle to the law enforcement officer that the claim is rightful; and
(b) Pay the costs owing at the time the application to redeem is made; and
(c) Give evidence that the nuisance character of the vehicle will not be resumed. (Ord. 807, § 9; amended by Ord. 919, § 1, Dec. 7, 1982. Code 1983 § 44.850.)
8.15.100 Sale and proceeds.
(1) Upon the sale being consummated, the law enforcement officer shall deliver the vehicle and the certificate of sale to the purchaser. The sale and conveyance shall be without redemption.
(2) The proceeds of the sale shall be applied:
(a) To the payment of costs incurred by the City;
(b) For such services as may be rendered by a towing service in accordance with MCC 8.15.050; and
(c) The balance, if any, shall be transferred to the City Treasurer to be credited to the general fund. (Ord. 807, § 10, Dec. 7, 1982. Code 1983 § 44.855.)
8.15.110 Assessment of costs on property.
(1) After disposing of the discarded vehicle and deducting any money received from the sale of the vehicle from the costs, the City Recorder shall give notice of assessment of costs on property to the person in charge of the property from which the vehicle was removed. Notice of costs and the assessment of costs shall be accomplished as set forth in MCC 8.05.210.
(2) An error in the name of the person in charge of the property shall not void the assessments, 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. 919, § 1, Dec. 7, 1982; amended by Ord. 965, Jan. 7, 1986. Code 1983 § 44.857.)
8.15.120 Charges.
(1) Where MCC 8.15.050 is utilized, the following conditions shall apply:
(a) The City shall not be liable for services rendered by a contracted towing service firm from any source other than such amounts as may be collected from the owner on redemption, or from a purchaser upon sale, after City shall have deducted its expenses, unless City shall be the purchaser of the vehicle.
(b) No lien shall be created by this chapter in favor of the contracted towing service firm upon the vehicle for such services.
(c) The vehicle shall not be released from the private towing service except on a receipt signed by the law enforcement officer, proffered by the purchaser.
(2) Where MCC 8.15.050 is not utilized, the law enforcement officer shall charge and collect the costs established by the City Council by resolution for towing and storage. (Ord. 807, § 12; amended by Ord. 919, § 1, Dec. 7, 1982. Code 1983 § 44.865.)
8.15.130 Abandoned vehicles.*
Abandoned vehicles and vehicles that are obstructing or are a hazard to traffic shall be impounded and disposed of as provided by ORS 819.100 through 819.260. (Ord. 918, Dec. 7, 1982; amended by Ord. 969, March 4, 1986. Code 1983 § 50.210.)
* Code reviser’s note: See also MCC Title 10.