Chapter 10.25
ABANDONED, JUNKED AND UNLICENSED MOTOR VEHICLES
Sections:
10.25.010 Requirements generally.
10.25.020 Accumulation or storage defined as nuisance.
10.25.030 Notice to registered owner or property owner or occupant of violation.
10.25.040 Removal of vehicles from property.
10.25.050 Removal of vehicles from public rights-of-way.
10.25.060 Release of impounded or stored vehicle under this chapter.
10.25.010 Requirements generally.
It is unlawful to park, store, or leave or permit the parking or storing of any licensed or unlicensed motor vehicle of any kind for a period of time in excess of seven days, which is wrecked or junked or partially dismantled, or in inoperative or abandoned condition, whether attended or not, upon any property within the city of Sisters unless the same is completely enclosed within a building, or unless it is in connection with a business enterprise lawfully licensed by the city and properly operated in applicable land use regulations. [Ord. 479 § 4 (Exh. B), 2017; Ord. 130 § 1, 1980. Code 2002 § 10.21.010].
10.25.020 Accumulation or storage defined as nuisance.
The accumulation or storage of one or more of such vehicles defined in SMC 10.25.010, on any property within the city, shall constitute rubbish and unsightly debris and is hereby declared to be a nuisance, detrimental to the health, safety, and welfare of the inhabitants of the city of Sisters. It shall be the duty of the registered owner of such vehicle, and it shall also be the duty of all persons in charge of property, to remove the same from the city of Sisters or to have the same housed in a building where it will not be visible from a street. If the vehicle is not timely removed or stored in compliance with this chapter, the city may pursue abatement of the nuisance in accordance with the procedures set forth in Chapter 8.15 SMC. [Ord. 479 § 4 (Exh. B), 2017; Ord. 130 § 1, 1980. Code 2002 § 10.21.020].
10.25.030 Notice to registered owner or property owner or occupant of violation.
Any code enforcement officer may give written notice of a violation of this chapter by delivering such notice to the registered owner of any motor vehicle and to the address for the property on which the motor vehicle is located and to the address of the owner of record for such property if different. Such notice shall indicate that said vehicle violates this chapter and order that said motor vehicle be removed or stored in a manner compliant with this chapter or be subject to abatement. Such notice shall otherwise comply with the requirements for sending notice of a nuisance set forth in Chapter 8.15 SMC.
If a code enforcement officer is unable to ascertain the name of the registered owner of any such vehicle, then the code enforcement officer shall not be required to give any notice to the registered owner of any such vehicle; and it shall suffice so far as notice is concerned that notice was delivered to the address of the property on which the violation exists and to the address of the owner of record for the property if different. [Ord. 479 § 4 (Exh. B), 2017; Ord. 130 § 1, 1980. Code 2002 § 10.21.030].
10.25.040 Removal of vehicles from property.
In addition to any fines authorized by this chapter, a code enforcement officer may cause a vehicle in violation of this chapter located on any property within the city to be removed to an automobile wrecking yard or any other similar place for storage of vehicle as designated by a code enforcement officer as part of abating the nuisance created by such vehicle and/or other nuisances on the property. The abatement of such vehicles shall be in accordance with the procedures outlined in Chapter 8.15 SMC. The city shall also have any remedies available under this chapter including, without limitation, the ability to sell a removed vehicle as abandoned property pursuant to Chapter 2.75 SMC.
Within 48 hours after the removal and storage of such vehicle a notice shall be given to the registered owner of such vehicle if the identify of such owner can be reasonably ascertained as well as delivered to the mailing address of the property from which the vehicle was removed and to the address of record for the owner of such property if different. Such notice shall include the location where the vehicle or vehicles are stored, the cost incurred by the city for the removal or towing and the storage charges accruing; and if said charges are not paid in full to the city recorder of the city of Sisters within 10 days immediately following the giving of such notice, said vehicle or vehicles shall be deemed to have been abandoned and will thereafter be discarded as junk, or may, in the discretion of the code enforcement officer, be sold as an abandoned personal property in the manner prescribed by Chapter 2.75 SMC. [Ord. 479 § 4 (Exh. B), 2017; Ord. 130 § 1, 1980. Code 2002 § 10.21.040].
10.25.050 Removal of vehicles from public rights-of-way.
In addition to any fines authorized by this chapter, and notwithstanding anything herein to the contrary, any vehicle in violation of this chapter located on a public right-of-way shall be subject to SMC 10.30.010. [Ord. 479 § 4 (Exh. B), 2017; Ord. 130 § 1, 1980. Code 2002 § 10.21.050].
10.25.060 Release of impounded or stored vehicle under this chapter.
If any vehicle is impounded and stored under the provisions of this chapter or any other provision of the Sisters Municipal Code, or pursuant to any other lawful authority, said vehicle shall not be released by the person to whom possession thereof is delivered until all charges connected with the removal, towing, and storage of such vehicle have been fully paid. [Ord. 479 § 4 (Exh. B), 2017; Ord. 130 § 1, 1980. Code 2002 § 10.21.060].
10.25.070 Penalties.
Violation of, or failure to comply with, any provision of this chapter is punishable by a fine not to exceed $500.00. Each violation and each day that a violation persists shall constitute a separate offense. [Ord. 479 § 4 (Exh. B), 2017; Ord. 130 § 1, 1980. Code 2002 § 10.21.070].