Chapter 10.24
ABANDONED AND STORED VEHICLES
Sections:
10.24.010 Application of provisions.
10.24.025 Custody and towing of vehicle constituting hazard or obstruction.
10.24.030 Investigation of vehicle – Impoundment notice.
10.24.040 Unremoved vehicle – Nuisance – Removal by city.
10.24.050 Impounded vehicle – Identification procedure.
10.24.060 Impounded vehicle – Notice to owner.
10.24.080 Impounded vehicle – Redemption.
10.24.090 Sale of vehicle – Use of proceeds.
10.24.100 Sale of vehicle – Certificate – Liability limitation.
10.24.110 Delivery to purchaser.
10.24.120 Fees and charges – Private garage services.
10.24.130 Fees and charges – Designated.
10.24.010 Application of provisions.
This chapter shall apply to all abandoned and stored vehicles now in the possession of the city, as well as to all such vehicles as may hereafter be impounded. (Ord. 23-01 § 2 (Exh. A), 2023; Ord. 90-111 § 1, 1990).
10.24.020 Definitions.
As used in this chapter, unless the context requires otherwise:
A. “Abandoned and/or stored” means left unoccupied and unclaimed or in a damaged, inoperative or dismantled, partially dismantled condition or junked upon the streets or alleys of the city, and upon any area of public property.
B. “Chief of police” means and includes any other authorized law enforcement officer of the city.
C. “City” means the city of Silverton, Oregon.
D. “Costs” means the expense of removing, storing or selling an impounded vehicle.
E. “Designated parking area” means an area which is identified by signs, meters, markings, or other similar devices commonly used to indicate vehicle parking spaces.
F. “Enforcement officer” means a person designated by the city manager or chief of police to enforce the provisions of this chapter, or any person who is defined as an enforcement officer under ORS 153.005.
G. “Owner” means 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.
H. “Storage” means the placing or leaving a vehicle at a location for a period of time in excess of 24 hours.
I. “Vehicle” means any device in, upon or by which any person or property is or may be transported or drawn, including recreational vehicles and those that are propelled or powered by any means. (Ord. 23-01 § 2 (Exh. A), 2023; Ord. 90-111 § 1, 1990).
10.24.025 Custody and towing of vehicle constituting hazard or obstruction.
A. When a vehicle is disabled, abandoned, parked or left standing unattended on a road or highway right-of-way and is in such a location as to constitute a hazard or obstruction to motor vehicle traffic using the road or highway, an enforcement officer shall order the owner or operator of the vehicle to remove it. If the vehicle is unattended, the enforcement officer may cause the vehicle to be towed at the owner’s expense. The owner shall be liable for the costs of towing and storing the vehicle.
B. As used in this section, a “hazard or obstruction” includes, but is not necessarily limited to:
1. Any vehicle that is parked so that any part of the vehicle extends within the paved portion of the travel lane.
2. Any vehicle that is parked so that any part of the vehicle extends within the highway shoulder or bicycle lane.
C. As used in this section, “hazard or obstruction” does not include parking in a designated parking area along any highway or parking temporarily for a short period of time on the shoulder of the highway with the operation of the hazard lights of the vehicle, a raised hood of the vehicle, or advance warning with emergency flares or emergency signs.
D. The disposition of a vehicle towed under the authority of this section shall be in accordance with the provisions of the city relating to impoundment and disposition of vehicles that are deemed abandoned or stored as set forth in this chapter. (Ord. 23-01 § 2 (Exh. A), 2023).
10.24.030 Investigation of vehicle – Impoundment notice.
A. It shall be the duty of the police department, whenever a vehicle that does not constitute a hazard or obstruction is found abandoned or stored upon the streets or alleys, or any area of public property, in the same position or at the same location for a period of 72 consecutive hours over a five-day period, to:
1. Make a routine investigation to discover the owner and request removal of the vehicle; and
2. If the owner is not found, to place a notice upon the windshield, or some other part of the vehicle easily seen by the passing public.
B. Such notice shall state that the police department will remove and impound the vehicle under the provisions of this chapter within 24 hours of the day of the posting, unless:
1. The owner removes the vehicle; or
2. Good cause is shown, satisfactory to the chief of police, why such vehicle should not be removed by the owner, or removed and impounded by the city. (Ord. 23-01 § 2 (Exh. A), 2023; Ord. 90-111 § 1, 1990).
10.24.040 Unremoved vehicle – Nuisance – Removal by city.
A. An abandoned or stored vehicle that does not constitute a hazard or obstruction which remains in the same position for a period of 24 hours after a notice to remove has been posted upon such vehicle, and no person has appeared to show good cause why such vehicle should not be moved, shall constitute a nuisance.
B. It shall be the duty of the police department to remove and impound any vehicle which shall constitute a nuisance under the provisions of this chapter, and store such vehicle and any personal property fond in the vehicle upon city property, or store the same in a private garage, pending investigation into the ownership of such vehicle.
C. Vehicles deemed a nuisance under this chapter shall be impounded and disposed following the procedures in ORS 819.100 through 819.215 and this chapter. (Ord. 23-01 § 2 (Exh. A), 2023; Ord. 90-111 § 1, 1990).
10.24.050 Impounded vehicle – Identification procedure.
The police department, after impounding any vehicle in accordance with the provisions of this chapter, shall:
A. Make a diligent inquiry as to the name and address of the owner of the vehicle;
B. Examine such vehicle for license number, motor number, serial number, make, style, and any other information which will aid in the identification of the ownership of the vehicle. (Ord. 90-111 § 1, 1990).
10.24.060 Impounded vehicle – Notice to owner.
If the owner is identified, he or she shall be notified immediately by registered mail that such vehicle is held by the police department of the city. The notice to the owner shall also state:
A. The reason for impounding the vehicle;
B. The existing costs charged against the vehicle;
C. An estimate of future costs, including the cost of advertising the vehicle for sale; and
D. That unless the owner redeems the vehicle within 10 days from the day of mailing the notice, if the address of the owner is within the state of Oregon, or within 20 days of the day of mailing the notice if the address of the owner is without the state, and pays all the costs, the vehicle:
1. Will be sold at a public auction, at a definite time and place within the city, to the highest and best bidder for cash. (Ord. 90-111 § 1, 1990).
10.24.080 Impounded vehicle – Redemption.
An owner may redeem a vehicle impounded under the provisions of this chapter, before a sale has taken place, by applying to the police department, whereupon the owner shall:
A. Submit evidence of ownership or interest in the vehicle, satisfactory to the chief of police, that such claim is rightful; and
B. Pay the costs due and owing at the time the application to redeem is made. (Ord. 23-01 § 2 (Exh. A), 2023; Ord. 90-111 § 1, 1990).
10.24.090 Sale of vehicle – Use of proceeds.
A. If no claim shall have been made to redeem an impounded vehicle before the time set for the sale of such vehicle, the chief of police shall hold a sale at the time and place appointed, within the view of the vehicle to be sold.
B. The vehicle shall be sold to the highest and best bidder, providing that if no bids are entered, or those bids which are entered are less than the costs incurred by the city, the chief of police shall enter a bid on behalf of the city in an amount equal to such costs.
C. The proceeds of such sale shall be applied:
1. To the payment of costs incurred by the city; and
2. Then for such services as may be rendered by a private garage; and
3. The balance, if any, shall be transferred to the city treasurer, to be credited to the general fund. (Ord. 23-01 § 2 (Exh. A), 2023; Ord. 646 § 8, 1972).
10.24.100 Sale of vehicle – Certificate – Liability limitation.
A. At the time of payment of the purchase price, the chief of police shall execute a certificate of sale, in duplicate, the original of which shall be delivered to the purchaser, and the copy thereof filed with the city clerk.
B. The certificate of sale shall be substantially as follows:
CERTIFICATE OF SALE
This is to certify that under the provisions of Ordinance No. 646, entitled “An Ordinance for the Impounding and Disposition of Abandoned Vehicles” and pursuant to due notice of the time and place of sale, I did on the _____ day of ________, 20___, sell at public auction to ____________ for the sum of $___________ cash, he or she being the highest and best bidder, and that being the highest and best sum bid therefor, the following described personal property, to-wit:
(brief description of the property)
And in consideration of the payment of the said sum of $___________, receipt whereof is hereby acknowledged, I have this day delivered to said purchaser the foregoing property.
Dated this ______ day of _______, 20___.
Note: the City of Silverton assumes no responsibility as to the condition of title of the above described property. In case this sale shall for any reason be invalid, the liability of the City is limited to the return of the purchase price.
(Ord. 23-01 § 2 (Exh. A), 2023; Ord. 646 § 9, 1972).
10.24.110 Delivery to purchaser.
Upon such sale being consummated, the chief of police shall deliver the vehicle and the certificate of sale to the purchaser. Such sale and conveyance shall be without redemption. (Ord. 23-01 § 2 (Exh. A), 2023; Ord. 646 § 10, 1972).
10.24.120 Fees and charges – Private garage services.
Where the council selects a private garage, the council shall also establish reasonable fees for such services by resolution, with the following conditions:
A. The city shall not be liable for services rendered by a private garage from any source other than such amounts as may be collected from the owner on redemption, or from a purchaser upon sale, after the city shall have deducted its expenses, unless the city shall be the purchaser of the vehicle.
B. No lien shall be created by this chapter in favor of the private garage upon the vehicle for such services.
C. The vehicle shall not be released from the private garage except upon a receipt, signed by the chief of police, proffered by the purchaser. (Ord. 23-01 § 2 (Exh. A), 2023; Ord. 646 § 13, 1972).
10.24.130 Fees and charges – Designated.
In the enforcement and execution of the provisions of this chapter, the chief of police shall charge and collect fees set by resolution. (Ord. 23-01 § 2 (Exh. A), 2023; Ord. 20-04 § 1 (Exh. A), 2020; Ord. 646 § 12, 1972).