Chapter 8.10 IMPOUNDMENT AND DISPOSITION OF DISCARDED VEHICLES

“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. 656 § 1, 1994].

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 as provided in this chapter. [Ord. 656 § 2, 1994].

8.10.030 Prohibited action.

No person shall store or permit the storing of a discarded vehicle upon public or private property within the city for more than 72 hours 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. 656 § 3, 1994].

8.10.040 Removal from public way.

Except as authorized in MCMC 8.10.050, after providing notice as required under MCMC 8.10.080 and, if requested, after a hearing under MCMC 8.10.100, a law enforcement officer may take a discarded vehicle located upon a public way into custody and remove the vehicle. The law enforcement officer shall cause the vehicle to be appraised within a reasonable time by a person authorized to perform such appraisals by the state of Oregon. Vehicles removed and taken into custody under this section are subject to sale under MCMC 8.10.120 through 8.10.150. [Ord. 656 § 4, 1994].

8.10.050 Removal of hazardous vehicle from public way.

(1) A law enforcement officer may immediately take custody of a disabled vehicle that is on the public way and in such a location as to constitute a hazard or obstruction to vehicular or pedestrian traffic using the public way.

(2) After taking a vehicle into custody under this section, the law enforcement officer shall give notice described in MCMC 8.10.080, and, if requested by the vehicle owner, a hearing as provided for in MCMC 8.10.100 shall be given.

(3) The authority granted in this section to remove and take vehicles into custody is in addition to any authority to remove and take a vehicle into custody granted in this chapter or other ordinances of the city.

(4) The law enforcement officer acting under this section shall cause the vehicle to be appraised within a reasonable time by a person authorized to perform such appraisals by the state of Oregon.

(5) Vehicles removed and taken into custody under this section are subject to sale under MCMC 8.10.120 through 8.10.150 if not reclaimed as provided by MCMC 8.10.090. [Ord. 656 § 5, 1994].

8.10.060 Removal from other property.

(1) A law enforcement officer may take custody of and remove a disabled vehicle that is on private property or on public property other than a public way if:

(a) The person in charge of the property requests the removal; and

(b) The vehicle is parked or left standing upon the property without the express consent of the person in charge of the property.

(2) The law enforcement officer taking custody of a vehicle under this section is not required to give notice and the city is not required to provide a hearing for the vehicle owner.

(3) The authority in this section to remove and take vehicles into custody is in addition to the authority to remove and take vehicles into custody under this chapter or any other ordinance of the city.

(4) The law enforcement officer acting under this section shall cause the vehicle to be appraised within a reasonable time by a person authorized to perform such appraisals by the state of Oregon.

(5) Vehicles removed and taken into custody under this section are subject to sale and disposition under MCMC 8.10.120 through 8.10.150 if not reclaimed as provided by MCMC 8.10.090. [Ord. 656 § 6, 1994].

8.10.070 Lien for towing and storing.

(1) Except as otherwise provided by this section, a person shall have a lien on the vehicle and its contents if the person, at the request of a law enforcement officer, tows or stores a vehicle under this chapter.

(2) A lien established under this section shall be on the vehicle and its contents for the just and reasonable charges for the towing service performed, and any storage provided. The lien shall be subject to the provisions for liens under ORS 98.812(4) as now or hereafter enacted or amended. The person holding the lien may retain possession of the vehicle and its contents until the charges on which the lien is based are paid. A lien described under this section shall not attach to the contents of any vehicle taken from the public way until 15 days after the taking of the vehicle into custody. A lien under this section, which includes charges for storage, shall not exceed storage charges for a period in excess of 60 days.

(3) A person who tows any vehicle at the request of a law enforcement officer under this chapter shall provide written notice, approved by the chief of police, containing information on procedures necessary to obtain a hearing under MCMC 8.10.100. The notice shall be provided to each person who seeks to redeem the vehicle. [Amended during 2012 recodification; Ord. 656 § 7, 1994].

8.10.080 Notice prior to removal – Methods – Contents.

(1) Except when expressly authorized to the contrary, the law enforcement officer removing and taking custody of a vehicle under this chapter shall provide notice before the proposed removal and custody and shall provide an explanation of procedures available for obtaining a hearing under MCMC 8.10.100. The notice shall be given by:

(a) Affixing a citation to the vehicle with the required information; and

(b) Mailing notice, at least five days before taking the vehicle into custody, with the required information to the vehicle owner and to any lessors or security interest holders at the address of each as shown by the records of the Oregon Motor Vehicle Division. The five-day period under this section does not include holidays, Saturdays, or Sundays.

(2) The notice required by this section shall state all of the following:

(a) That the vehicle will be subject to being taken into custody and removed if the vehicle is not removed before the time set in the notice.

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

(c) The place where the vehicle will be held in custody, if known, and the telephone number and address of the Myrtle Creek police department.

(d) That the vehicle, if taken into custody and removed, will be subject to towing and storage charges and that a lien will attach to the vehicle and its contents.

(e) That the vehicle will be sold to satisfy the costs of towing, storage, bail required or fines imposed if such are not paid.

(f) That the person receiving notice 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 vehicle owner may also challenge the reasonableness of any towing and storage charges at the hearing.

(h) The time within which a hearing must be requested and the method for requesting the hearing.

(3) If a law enforcement officer takes custody of a vehicle under MCMC 8.10.050, the officer shall provide, by mail within 48 hours of the removal, notice to the vehicle owner and any lessors or security interest holders as shown on the records of the Oregon Motor Vehicle Division. The notice shall state: the vehicle has been taken into custody, the location of the vehicle, a description of procedures for the release of the vehicle and any other information identified in subsections (2)(b) through (h) of this section. The 48-hour period under this subsection does not include holidays, Saturdays, or Sundays. [Ord. 656 § 8, 1994].

8.10.090 Rights and liabilities of owner.

The vehicle owner, a person entitled to possession, or any person with an interest shown on the certificate of title of the vehicle taken into custody under this chapter:

(1) Is liable for all costs and expenses incurred in the removal, preservation and custody of the vehicle and its contents and for the posting of any bail or unpaid fine imposed by the municipal court for the operation of the vehicle except that a security interest holder is not liable under this subsection unless the security interest holder reclaims the vehicle.

(2) May reclaim the vehicle at any time after it is taken into custody and before the vehicle is sold or disposed of under this chapter upon presentation to the chief of police of satisfactory proof of ownership or right to possession and upon payment of the costs and expenses for which the person is liable under this section.

(3) If the vehicle is taken into custody under MCMC 8.10.040 or 8.10.050, has a right to request and have a hearing under MCMC 8.10.100.

(4) If the vehicle is sold or disposed of under this chapter, has no further right, title or claim to or interest in the vehicle or the contents of the vehicle.

(5) If the vehicle is sold under this chapter, has a right to claim the balance of the proceeds from the sale or disposition as provided in this chapter.

(6) Has no right to a hearing if the vehicle is taken into custody under MCMC 8.10.060. [Ord. 656 § 9, 1994].

8.10.100 Hearing to contest validity of removal and custody.

A person provided notice under MCMC 8.10.080 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 under MCMC 8.10.050 or proposed removal and custody of a vehicle under MCMC 8.10.040 by submitting a request for a hearing to the Myrtle Creek municipal court not later than five days from the mailing date of the notice. The five-day period in this section does not include holidays, Saturdays, or Sundays. The hearing under this section shall comply with the following:

(1) Unless the vehicle proposed for removal violates MCMC 8.10.050, upon receiving a request for a hearing the vehicle shall not be removed until directed by the municipal judge.

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

(3) Upon receipt of a request for a hearing under this section, the municipal court shall conduct 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 vehicle owners and any lessors or security interest holders shown in the records of the Oregon Motor Vehicle Division, if not the same as the person requesting the hearing. The 72-hour period in this subsection does not include holidays, Saturdays, or Sundays.

(4) If the municipal judge finds, after hearing and by substantial evidence on the record, that the custody and removal of the vehicle was:

(a) Invalid, the judge shall order the immediate release of the vehicle to the owner or person with right of possession. If the vehicle is released under this subsection, 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 see that the person is reimbursed for the charges. New storage charges 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 subsection.

(b) Valid, the municipal judge shall order the vehicle to be held in custody until any fines and all towing and storage costs are paid by the party claiming the vehicle. If the vehicle has not been removed, the municipal judge 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 municipal judge for the person’s failure to appear.

(6) The municipal court is only required to provide one hearing under this section for each time a vehicle is taken into custody or removed by the city or proposed to do so.

(7) A hearing under this section may be used to determine the reasonableness of the charges 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 municipal court shall provide a written statement of the results of the 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 at a hearing shall be consistent with the practices of the municipal court.

(10) The municipal judge shall not have participated in any determination or investigation related to taking into custody and removing the vehicle that is the subject of the hearing.

(11) Determination of the municipal judge is final and is not subject to appeal. [Ord. 656 § 10, 1994].

8.10.110 Exemption for vehicles under criminal investigation.

A vehicle being held as part of any criminal investigation is not subject to the requirements of MCMC 8.10.070 through 8.10.100; however, upon written notice to the vehicle owner that the vehicle is no longer being held as part of a criminal investigation and a failure of the owner to claim the vehicle within five days, not including holidays, Saturdays or Sundays, storage costs on the vehicle shall begin to accrue and shall constitute a lien against the vehicle and its contents until the charges upon which the lien is based are paid. Such a lien may be foreclosed in the manner provided by ORS 87.152 et seq. as now enacted or hereafter amended. [Ord. 656 § 11, 1994].

8.10.120 Disposal of vehicle.

Within two days after a vehicle has been taken into custody under this chapter, the city administrator shall determine if the city will retain custody of the vehicle and sell it as provided in MCMC 8.10.130 and 8.10.140 or if the city will release its interest in the vehicle to the person performing towing and storage services. The release of the vehicle to the person performing towing and storage services may be conditioned upon no vehicle being released to its owner without first obtaining the written permission of the municipal court or the chief of police, and upon any net proceeds from the sale of the vehicle first coming to the city for deposit with the municipal court to satisfy any unpaid bail or fines for municipal offenses involving the vehicle. Any remaining amount thereafter shall be paid to the Douglas County treasurer as provided in ORS 87.206(1). At the time the net proceeds from the sale are deposited with the city the lien claimant shall also deliver to the city the documents required by ORS 87.206(2). [Amended during 2012 recodification; Ord. 656 § 12, 1994].

8.10.130 Low value vehicle.

(1) If the vehicle taken or to be taken into custody is appraised at $750.00 or less, and if the vehicle remains unclaimed or is released by the owner and any other person having a security interest therein, 15 days after the notice is mailed under MCMC 8.10.080, the law enforcement officer shall file an affidavit with the Oregon Motor Vehicle 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 city administrator may dispose of the vehicle and execute a certificate of sale without notice and public auction.

(2) The certificate of sale shall be on a form provided by the city administrator. [Ord. 656 § 13, 1994].

8.10.140 Public sale notice.

(1) If the vehicle taken or to be taken into custody is appraised at over $750.00, and if the vehicle remains unclaimed or is released by the owner and any other person having a security interest therein, 30 days after the notice is mailed under MCMC 8.10.080, 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:

(a) The sale is of a discarded vehicle in the possession of the city.

(b) 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.

(d) The date, time and place of the sale.

(2) The notice of sale shall be published two times in a newspaper of general circulation within the city. 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. 656 § 14, 1994].

8.10.150 Public sale.

(1) If a vehicle is appraised over $750.00, the city administrator 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 city administrator may enter a bid in an amount equal to the costs on behalf of the city.

(3) At the time of payment of the purchase price, the city administrator 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 administrator.

(5) The notice for the sale and the sale required by this section may be given and conducted in connection with any other sale or solicitation of bids conducted by the city. [Ord. 656 § 15, 1994].

8.10.160 Nuisance abatement.

In addition to the provisions of this chapter, the nuisance declared by this chapter may be abated as provided in the city’s general nuisance ordinance as now enacted or hereafter amended. [Ord. 656 § 16, 1994].

8.10.170 Real property owner rights.

Nothing in this chapter shall be construed to limit or abridge any right a person in charge of property has to dispose of discarded vehicles on the person’s real property. [Ord. 656 § 17, 1994].

8.10.180 Penalty.

A violation of any provision of this chapter is punishable by a fine of not more than $500.00. [Ord. 656 § 19, 1994].