Chapter 8.40
ABANDONED AND DISCARDED VEHICLES
Sections:
8.40.020 Declaration of public nuisance.
8.40.040 Abandoned or discarded vehicle investigation and notice.
8.40.050 Entry upon private property.
8.40.070 Towing and storage charges – Redemption of vehicles.
8.40.080 Notice to interested parties of vehicle towing.
8.40.090 Hearing available to contest validity of vehicle tow or nuisance abatement.
8.40.100 Abatement by city and appraisal.
8.40.110 Disposition of abandoned vehicles.
8.40.120 Right to sell abandoned or towed vehicles.
8.40.010 Definitions.
The following definitions are applicable to this chapter:
(1) “Abandoned vehicle” means any vehicle that has been deserted or relinquished without claim of ownership. A vehicle shall be considered abandoned if it has remained in the same location for more than 24 hours and one or more of the following conditions exist:
(a) The vehicle has an expired registration sticker or trip permit affixed to it;
(b) The vehicle appears to be inoperative or disabled; or
(c) The vehicle appears to be wrecked, partially dismantled or junked.
(2) “Chief of police” means the person holding the position of chief of police of the St. Helens police department, or any agent, employee, or designee authorized to perform the duties of this chapter by the chief of police.
(3) “City administrator” means the person holding the position of city administrator or any agent, employee, or designee authorized to perform the duties of this chapter by the city administrator.
(4) “Discarded” vehicle means any vehicle or part thereof which is in one or more of the following conditions:
(a) Inoperative;
(b) Wrecked;
(c) Dismantled;
(d) Partially dismantled;
(e) Junked.
Discarded vehicles may be deemed to include major parts thereof including but not limited to bodies, engines, transmissions and rear ends.
(5) “Police department” means the St. Helens police department or any other law enforcement agency authorized to enforce the provisions of this chapter.
(6) “Storage” means the holding of a vehicle, with the attendant fees for such holding, at an appropriate facility.
(7) “Towing” means the taking possession of a vehicle and removing it to a storage facility at the request of a city officer or employee.
(8) “Vehicle” means every device in, upon, or by which any person or property is or may be transported or drawn upon any street or highway, and includes any hulk or component thereof. (Ord. 3064 § 1, 2007; Ord. 2399 § 1, 1982; Ord. 2385 §§ 1, 2, 1982; Ord. 2373 § 1, 1981)
8.40.020 Declaration of public nuisance.
The open accumulation and storage of abandoned or discarded vehicles are 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 an abandoned or 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. 3064 § 2, 2007; Ord. 2385 § 3, 1982; Ord. 2373 § 2, 1981)
8.40.030 Prohibited action.
It shall be unlawful to store, or permit the storing of, an abandoned or discarded vehicle upon any private property within the city unless the vehicle is (1) completely enclosed within a building; (2) stored in connection with a business enterprise dealing in discarded vehicles lawfully conducted; or (3) screened to prevent visibility from the street or other public or private property by an approved fence of solid material or by natural foliage that screens the area all year. (Ord. 3064 § 3, 2007; Ord. 2385 § 4, 1982; Ord. 2373 § 3, 1981)
8.40.040 Abandoned or discarded vehicle investigation and notice.
(1) It shall be the duty of the police department whenever an abandoned or discarded vehicle is found upon private property to:
(a) Make an investigation to discover the owner of the vehicle, any other persons who reasonably appear to have an interest in the vehicle, and the person in charge of the property upon which such vehicle is located and give written notice to them by personal service or by registered or certified mail that the vehicle is in violation of this chapter; and
(b) If the owner of the vehicle is not found, to place a notice upon the windshield, or some other part of the vehicle where it can be easily seen.
(2) The notice shall state that a certain abandoned or discarded vehicle is in violation of this chapter and that within five days of the day of the sending or posting of the notice, the vehicle must be removed.
(3) The notice shall also state that the alternative to compliance with subsection (2) of this section is to petition the city administrator and request within five days of sending or posting of the notice and show cause why such vehicle should not be immediately abated as provided in this chapter.
(4) The notice shall also state that failure to comply with this chapter authorizes the city to remove the vehicle and charge the costs of removing, storing or selling the vehicle. (Ord. 3064 § 4, 2007; Ord. 2399 § 2, 1982; Ord. 2385 § 5, 1982; Ord. 2373 § 4, 1981)
8.40.050 Entry upon private property.
(1) The police are authorized at all reasonable times to enter upon private property and examine any vehicle for the purpose of determining whether or not it is abandoned or discarded. The chief of police will first present proper credentials to the appropriate party and request entry. If such entry is refused, the chief of police will have recourse to any remedy provided by law to obtain entry.
(2) No search warrant shall be issued under the terms of this chapter until an affidavit has been filed showing probable cause for such inspection by stating the purpose and extent of the proposed inspection, citing this chapter as the basis for such inspection, whether it is an inspection instituted by complaint, or other specific or general information concerning the vehicle in question or the property on which it is situated. (Ord. 3064 § 5, 2007; Ord. 2385 § 6, 1982; Ord. 2373 § 5, 1981)
8.40.060 Towing of vehicles.
(1) Authority to Tow. Any vehicle found on any street, alley, lane, sidewalk, parking strip, on private property without the permission of the person in control of such property, in a public park or other public place or property may be towed, upon the order of a city officer or employee, and taken to a storage area designated by the city and held at the expense of the owner or person entitled to possession thereof, when:
(a) The vehicle is parked on city owned or operated property without express city permission;
(b) The vehicle was used in committing a traffic or parking violation for which an unserved warrant or citation is on file with the clerk of the district court;
(c) The vehicle is parked unlawfully or in a manner that may be hazardous to traffic or public safety;
(d) The vehicle is impeding or likely to impede the normal flow of vehicular or pedestrian traffic;
(e) The vehicle is illegally parked in a conspicuously posted restricted space, zone or traffic lane where parking is limited to designated classes of vehicles or is prohibited in excess of a designated time period, or during certain hours or on designated days, or at any time and where the vehicle is interfering or reasonably likely to interfere with the intended use of such a space, zone or traffic lane;
(f) The vehicle has been reported stolen, or a police officer reasonably believes that the vehicle is stolen;
(g) The vehicle or its contents are to be used as evidence in traffic or criminal prosecutions, or a police officer reasonably believes that the vehicle or its contents constitute evidence of an offense; or
(h) The vehicle is in possession of a person taken into custody by a law enforcement agency and no reasonable means of removing the vehicle is applicable.
(2) Towing Without Prior Notice. Vehicles may be towed without prior notice, pursuant to subsections (1)(c) to (1)(h) of this section, or for any reason allowed under ORS 819, which is hereby adopted, or any other provision of Oregon law.
(3) Towing After Notice. Pursuant to subsection (1) of this section, vehicles may be towed if notice is provided prior to the towing of the vehicle, as required in SHMC 8.40.080(1), under the following circumstances:
(a) A city officer or employee reasonably believes that the vehicle is abandoned or discarded; or
(b) The circumstances involving the violation of a temporary or permanent parking restriction present no reason to immediately remove the vehicle.
Vehicles subject to towing under this subsection shall not be towed prior to the conducting of a hearing, if one has been requested, pursuant to SHMC 8.40.090.
(4) Towing Upon Order of Municipal Court. Vehicles that have been used in the commission of a traffic or parking violation, for which an unserved warrant or citation is on file with the municipal court clerk, may be towed upon order of the municipal court. (Ord. 3064 § 6, 2007; Ord. 2385 § 7, 1982; Ord. 2373 § 6, 1981)
8.40.070 Towing and storage charges – Redemption of vehicles.
(1) Towing and storage charges shall be paid before release of a vehicle towed under this chapter. Any private company, who tows and stores any vehicle pursuant to this chapter, shall have a lien on the vehicle, in accordance with ORS 87.152, for the just and reasonable charges for the tow and storage services performed, and may retain possession of that vehicle, as is consistent with this chapter, until such charges have been paid.
(2) The accrued towing and storage charges assessed under subsection (1) of this section shall be waived by the city administrator if the towing is found to be invalid or for any other reason not justified, after a hearing has been held pursuant to SHMC 8.40.090. A person’s inability to pay the towing and storage charges, in and of itself, is not a sufficient basis for the waiving of such charges. If these charges are owed to a private company, the city shall pay same if, after a hearing, the towing is found to be invalid or for any other reason not justified and the charges have not previously been paid. Provided further, the city shall pay all storage charges that accrue as a result of the hearings process, per SHMC 8.40.090(7).
(3) If the required towing and storage charges have been paid, then the vehicle shall be immediately released to the person(s) entitled to lawful possession.
(4) If subsection (3) of this section has not been complied with, then the vehicle shall not be released, except upon the order of the city administrator.
(5) A vehicle towed pursuant to this chapter may only be released to the owner, or to the person who was lawfully in possession or control of the vehicle at the time it was towed, or to a person who purchased the vehicle from the owner and who produces written proof of ownership. In all cases, adequate evidence of the right to possession of the vehicle, as determined by the police department, must be presented prior to release of the vehicle. (Ord. 3064 § 7, 2007; Ord. 2385 § 8, 1982; Ord. 2373 § 7, 1981)
8.40.080 Notice to interested parties of vehicle towing.
(1) Notice Prior to Removal. Prior to towing a vehicle pursuant to SHMC 8.40.060, the police department shall provide notice to the registered owner(s), and any other persons who reasonably appear to have an interest in the vehicle, by:
(a) Affixing a towing citation to the vehicle, prior to the towing of the vehicle; and
(b) By mailing a notice, at least five business days prior to the towing, excluding city recognized holidays, to the registered owner(s) and any other persons who reasonably appear to have an interest in the vehicle.
The notices provided for in this subsection shall state that a hearing may be requested to contest the validity of the intended towing by filing a written request with the city administrator within five business days from the mailing date of the notice, excluding city recognized holidays, and any other information required by Oregon law. If a timely request for a hearing is made pursuant to this subsection, then the involved vehicle shall not be towed until the city administrator makes a determination pursuant to SHMC 8.40.090.
(2) Notice After Removal. After a vehicle has been towed pursuant to the authority granted in SHMC 8.40.060, notice shall be provided to the registered owner(s), and any other persons who reasonably appear to have an interest in the vehicle, of the towing and the procedures available for obtaining a hearing, by mailing a notice, within 48 hours after the towing, excluding city recognized holidays and weekends, stating a hearing may be requested to contest the validity of the towing by filing a written request with the city administrator within five business days from the mailing date of the notice, excluding city recognized holidays, and any other information required by Oregon law. If a vehicle has been released prior to the mailing of such notice, then the notice need not be mailed.
(3) Exemption from Notice and Hearing Requirements. A vehicle that is being held as part of any criminal investigation is not subject to any of the notice or hearing requirements of this chapter unless the investigation relates to the theft of the vehicle. (Ord. 3064 § 8, 2007; Ord. 2385 § 8, 1982; Ord. 2373 § 8, 1981)
8.40.090 Hearing available to contest validity of vehicle tow or nuisance abatement.
(1) After a vehicle has received notice pursuant to SHMC 8.40.040 or has been towed pursuant to SHMC 8.40.060 or prior to towing pursuant to SHMC 8.40.060, the owner(s), or any other persons who reasonably appear to have an interest in the vehicle, shall, upon timely request filed with the city administrator, be entitled to request a hearing to contest the validity of the towing of such vehicle. A timely request shall be five business days from the mailing date of the notice of towing or nuisance abatement. The city administrator may waive this five-day requirement for good cause shown.
(2) The request for a hearing shall be in writing and shall state the grounds upon which the person believes the tow or nuisance abatement notice to be invalid, or, for any other reason, not justified, and shall also state such other information, relating to the purposes of this chapter, as may be required by the city administrator.
(3) The city administrator shall set and conduct an administrative hearing on the matter within 72 hours, not including city recognized holidays or weekends, on receipt of a proper request filed pursuant to this section.
(4) The hearing shall afford a reasonable opportunity for the person(s) requesting it to demonstrate by the statement of witnesses and other evidence, that the tow and/or storage of the vehicle was invalid, or for any other reason not justified.
(5) As consistent with this section, the city administrator shall promulgate necessary rules and regulation regarding the conducting of such hearings.
(6) If the city administrator finds, by substantial evidence, based upon the record as a whole, that the tow and/or storage or nuisance abatement notice was invalid, or, for any other reason, not justified, the city administrator shall order the vehicle to be immediately released, if still held. If the city administrator finds that the owner(s), or any other person who has an interest in the vehicle, are not liable for the towing and/or storage charges, the city administrator shall order the return of any money paid for tow and/or storage charges, as appropriate, to the person who paid such charges. If such vehicle is about to be towed or removed, the city administrator shall order that such vehicle shall not be towed. In any case where the city administrator orders the vehicle to be released, the vehicle must be picked up by the person entitled to possession within 24 hours to avoid further storage charges. If the vehicle is not claimed within this time period, then it will not be released until the additionally accruing storage charges, if any, are paid by the person entitled to possession of the vehicle.
(7) If the city administrator finds, by substantial evidence, based upon the record as a whole, that the towing and/or storage was valid, he/she shall order that the vehicle, if still held, remains in the towing company’s possession until all tow and storage charges are paid. If such vehicle is about to be towed or removed, he/she shall order that such vehicle shall be towed and impounded if the traffic violation or nuisance involving that vehicle has not been completely corrected. The vehicle must be picked up by the person entitled to possession within 24 hours after the decision of the city administrator to avoid further storage charges. If the vehicle is not claimed within this time period, then it will not be released until the additionally accruing charges, if any, are paid, by the person entitled to possession of the vehicle.
(a) Provided, however, that the city shall be responsible in all cases in which a hearing has been requested and held, and the tow and/or storage found to be valid, for those storage charges that have accrued from the date that the hearing was requested through the first available hearing date.
(8) The decision of the city administrator is a quasi-judicial decision and is final, and shall not be appealable to the council.
(9) Any person who has a hearing scheduled pursuant to this section and, without good cause shown, as determined by the city administrator, fails to appear at such hearing, shall not be entitled to have such hearing rescheduled.
(10) The owner and any other person who has an interest in the vehicle shall only be entitled to one hearing for each tow of that vehicle. (Ord. 3064 § 9, 2007; Ord. 2385 § 9, 1982; Ord. 2373 § 9, 1981)
8.40.100 Abatement by city and appraisal.
(1) Five days after the giving of notice required in SHMC 8.40.040 or after the decision of the city administrator, declaring a vehicle to be a public nuisance as set forth in SHMC 8.40.090, the city shall be deemed to have acquired jurisdiction to abate the nuisance and may remove the vehicle by use of city employees or duly authorized independent contractors. It shall be unlawful for any person to interfere with, hinder or refuse to allow such persons to enter upon private property for the purpose of removing a vehicle under the provisions of this chapter.
(2) After removing the vehicle, the tow company in possession of the vehicle shall cause it to be appraised and sold or disposed of in accordance with Oregon law.
(3) The certificate of sale issued by the tow company shall comply with Oregon law. (Ord. 3064 § 10, 2007; Ord. 2385 § 10, 1982)
8.40.110 Disposition of abandoned vehicles.
(1) If the tow company in possession of the vehicle chooses to sell or dispose of the vehicle, the tow company shall give written notice, within 48 hours of the day the vehicle was towed, to the registered owner of the vehicle and any persons claiming interests in the vehicle as shown by records of the Department of Transportation. The police department shall provide the tow company with the names and contact information of the registered owner of the vehicle and any persons claiming interests in the vehicle at the time of the tow, or as soon as practicable.
(2) If either the legal owner or person entitled to possession has not signed a release and has not, within 15 days after the date notification is mailed, reclaimed the vehicle, such action shall constitute a waiver of the interest of such person.
(3) If a towed vehicle is not claimed within 15 days after it is towed and placed in storage under provisions of this chapter, such vehicle shall be deemed to be abandoned, and a reasonable effort shall be made, by mail, to notify the owner(s), and any other persons who reasonably appear to have an interest in the vehicle, of the following:
(a) The location of the vehicle and that it may be recovered only upon evidence that the claimant is the owner or person entitled to possession;
(b) The address and telephone number of the person, tow company, facility, or any combination thereof that may be contacted for information as to the charges that must be paid or deposited before the vehicle will be released;
(c) That the vehicle, if not claimed within 15 days after the mailing of such notice, will be subject to sale by tow company and storage facility where the vehicle is located, and that such failure to reclaim the vehicle shall constitute a waiver of the interest of such person(s). At any time within 15 days after the notice required by this section has been sent, the owner or person lawfully entitled to possession of any such vehicle may claim the same by presenting satisfactory proof of ownership or right to possession, and by paying the charges and expenses, if any, incurred in the preservation and custody of the vehicle.
(4) If a tow company chooses to sell or dispose of an abandoned or discarded vehicle the tow company shall comply with all provisions of Oregon law regarding such vehicles.
(5) When an abandoned or discarded vehicle is sold or disposed of the tow company shall mail a sales receipt or appropriate document showing the disposition of the vehicle to the police department. (Ord. 3064 § 11, 2007; Ord. 2385 § 11, 1982; Ord. 2373 § 11, 1981)
8.40.120 Right to sell abandoned or towed vehicles.
Whenever any vehicle shall be taken into custody pursuant to this chapter, the same shall be held at the expense and risk of the owner or person lawfully entitled to possession. (Ord. 3064 § 12, 2007; Ord. 2385 § 11, 1982; Ord. 2373 § 12, 1981)
8.40.130 Additional remedies.
Any abatement of a vehicle pursuant to this chapter is in addition to, and not in lieu of, any other civil, criminal, or administrative penalty, sanction, or remedy otherwise authorized by law. (Ord. 3064 § 13, 2007)