Chapter 10.10 ABANDONED, INOPERABLE AND DISCARDED VEHICLES

(4) “City police” means the Veneta city police department or any law enforcement agency with which the city contracts for law enforcement services, including, but not limited to, the Lane County Sheriff.

(5) “Division” means the motor vehicles division of the Oregon Department of Transportation.

(6) “Hearings officer” means a hearings officer appointed by the city of Veneta to conduct hearings as provided in this chapter.

(7) “Holiday” means all federally observed holidays where routine postal services are not provided.

(8) “Qualified vehicle appraiser” means a person who holds a certificate issued under ORS 819.230. (Ord. 349 § 1, 1994)

10.10.020 Removal and sale of abandoned vehicle.

(1) After providing notice required under VMC 10.10.070 and, if requested, a hearing under VMC 10.10.090, the city police may take a vehicle into custody and remove the vehicle if:

(a) The city police have authority to believe the vehicle is disabled or abandoned; and

(b) The vehicle has been parked or left standing upon any public way for a period in excess of 24 hours without authorization by statute or local ordinance.

(2) The authority in this section to remove and take vehicles into custody is in addition to any authority to remove and take vehicles into custody under VMC 10.10.030 and 10.10.040.

(3) Subject to VMC 10.10.050, vehicles and the contents of vehicles removed and taken into custody under this section are subject to a lien as provided under VMC 10.10.060.

(4) When removing a vehicle under this section, the city police shall cause the vehicle to be appraised within a reasonable time by a qualified vehicle appraiser.

(5) Vehicles removed and taken into custody under this section are subject to sale under VMC 10.10.110 or 10.10.120 if the vehicles are not reclaimed as provided under VMC 10.10.050 or returned to the owner or person entitled to possession under VMC 10.10.090. (Ord. 349 § 2, 1994)

10.10.030 Immediate custody and removal of vehicle constituting hazard.

(1) The city police may immediately take custody of a vehicle that is disabled, abandoned, parked or left standing unattended on a city street, alley, road or highway right-of-way and that is in such a location as to constitute a hazard or obstruction to motor vehicle traffic using the city street, alley, road or highway.

(2) As used in this section, a hazard or obstruction includes, but is not necessarily limited to:

(a) Any vehicle that is parked so that any part of the vehicle extends within the paved portion of the travel lane;

(b) Any vehicle that is parked so that any part of the vehicle extends within the highway shoulder or bicycle lane of any highway during or into the period between sunset and sunrise if the vehicle presents a clear danger.

(3) As used in this section, hazard or obstruction does not include parking in a designated parking area along any highway or, except as described in subsection (2) of this section, parking temporarily on the shoulder of the highway as indicated by a short passage of time and by the operation of the hazard lights of the vehicle, the raised hood of the vehicle, or advance warning with emergency flares or emergency signs.

(4) After taking a vehicle into custody under this section the city administrator shall give the notice described in VMC 10.10.080 and, if requested, a hearing described under VMC 10.10.090.

(5) The authority in this section to remove and take vehicles into custody is in addition to any authority to remove and take vehicles into custody under VMC 10.10.020 and 10.10.040.

(6) Subject to VMC 10.10.050, vehicles and the contents of vehicles removed and taken into custody under this section are subject to a lien as provided in VMC 10.10.060.

(7) After a vehicle is removed under this section, the city administrator shall cause the vehicle to be appraised within a reasonable time by a qualified vehicle appraiser.

(8) Vehicles removed and taken into custody under this section are subject to sale or disposition under VMC 10.10.110 or 10.10.120 if the vehicles are not reclaimed under VMC 10.10.050 or returned to the owner or person entitled thereto under VMC 10.10.090. (Ord. 349 § 3, 1994)

10.10.040 Removal of vehicle on private property without hearing.

(1) The city police may take custody of and remove a vehicle that is on private property if:

(a) The owner or person in lawful possession of the land requests the removal; and

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

(2) No notice or hearing is required when vehicles are taken into custody pursuant to this section.

(3) The authority in this section to remove and take vehicles into custody is in addition to any authority to remove and take vehicles into custody under VMC 10.10.020 and 10.10.030.

(4) Subject to VMC 10.10.050, vehicles and the contents of vehicles removed and taken into custody under this section are subject to a lien as provided under VMC 10.10.060.

(5) When a vehicle is removed pursuant to this section, it shall be appraised within a reasonable time by a qualified vehicle appraiser.

(6) Vehicles removed and taken into custody under this section are subject to sale or disposition under VMC 10.10.110 or 10.10.120, if the vehicles are not reclaimed under VMC 10.10.050. (Ord. 349 § 4, 1994)

10.10.050 Rights and liabilities of owner.

The owner, a person entitled to possession or any person with an interest shown on the certificate of title of a vehicle taken into custody under VMC 10.10.020, 10.10.030 or 10.10.040:

(1) Is liable for all costs and expenses incurred in the removal, preservation and custody of the vehicle and its contents except that:

(a) The owner or person entitled to the vehicle is not liable for nor shall be required to pay storage charges for a period in excess of 60 days;

(b) 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 VMC 10.10.110 or 10.10.120 upon presentation to the city administrator of satisfactory proof of ownership or right to possession and upon payment of costs and expenses for which the person is liable under this section;

(3) If the vehicle is taken into custody under VMC 10.10.020 or 10.10.030, has a right to request and have a hearing under VMC 10.10.090;

(4) If the vehicle is sold or disposed of under VMC 10.10.110, 10.10.120 or 10.10.130, 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 or disposed of under VMC 10.10.110, has a right to claim the balance of the proceeds from the sale or disposition as provided under VMC 10.10.160;

(6) Has no right to a hearing if the vehicle is taken into custody under VMC 10.10.040 or is disposed of under VMC 10.10.130. (Ord. 349 § 5, 1994)

10.10.060 Lien for towing.

(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 the city police or the city administrator, tows any of the following vehicles:

(a) An abandoned vehicle appraised at a value of more than $200.00 by a qualified vehicle appraiser;

(b) A vehicle taken into custody under VMC 10.10.020, 10.10.030 or 10.10.040, unless it is an abandoned vehicle appraised at a value of $200.00 or less by a qualified vehicle appraiser;

(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(3). The person holding the lien may retain possession of the vehicle and contents until the charges on which the lien is based are paid. A lien described under this section does not attach:

(a) To the contents of any vehicle taken from public property until 15 days after taking the vehicle into custody;

(b) To the contents of any vehicle that is taken into custody for a violation of ORS 811.555, 811.570, or VMC 10.05.110 or 10.05.120.

(3) A person who tows any vehicle at the request of the city police or the city administrator under VMC 10.10.020 or 10.10.030 shall provide written notice approved by the city, containing information on the procedures necessary to obtain a hearing under VMC 10.10.090. The notice shall be provided to each person who seeks to redeem the vehicle. This subsection does not apply to a person who tows an abandoned vehicle that is appraised at a value of $200.00 or less by a qualified vehicle appraiser. (Ord. 384 § 2, 1998; Ord. 349 § 6, 1994)

10.10.070 Notice prior to removal – Methods – Contents.

If the city police propose to take custody of a vehicle under VMC 10.10.020, the city shall provide notice before the proposed removal and custody and shall provide an explanation of procedures available for obtaining a hearing under VMC 10.10.090. Notice required under this section shall comply with all of the following:

(1) Notice shall be given by both of the following methods:

(a) The city police shall affix a citation to the vehicle with the required information.

(b) The city administrator shall mail notice by first class mail, at least three days before taking the vehicle into custody, with the required information to the owners and to any lessors or security interest holders at the address of each as shown by the records of the division. The three-day period under this subsection does not include holidays, Saturdays or Sundays.

(2) Notice shall state all of the following:

(a) That the vehicle will be subject to being taken into custody and removed by the city police if the vehicle is not removed before the time set by the city police;

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

(c) The place where the vehicle will be held in custody or the telephone number and address of the city administrator that will provide the information;

(d) That the vehicle, if taken into custody and removed by the city police, 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 and storage if the charges are not paid;

(f) That the owner, possessor or person having an interest in the vehicle 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 owner, possessor or person having an interest in the vehicle 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 that a request for a hearing must be submitted, in writing, to the city administrator. (Ord. 426 § 1, 2001; Ord. 349 § 7, 1994)

10.10.080 Notice after removal – Method – Contents.

(1) If the city police take custody of a vehicle under VMC 10.10.030, the city administrator shall mail notice by first class and registered or certified mail with one mailing return receipt requested, within 48 hours of the removal, with an explanation of procedures available for obtaining a hearing under VMC 10.10.090 to the owners of the vehicle and any lessors or security interest holders as shown in the records of the division. The notice shall state that the vehicle has been taken into custody and shall give the location of the vehicle and describe procedures for the release of the vehicle and for obtaining a hearing under VMC 10.10.090. The 48-hour period under this subsection does not include holidays, Saturdays or Sundays.

(2) Any notice given under this section after a vehicle is taken into custody and removed shall state all of the following:

(a) That the vehicle has been taken into custody and removed by the city police, and the ordinance under which the vehicle has been taken into custody and removed;

(b) The location of the vehicle or the telephone number and address of the city administrator, from whom the location of the vehicle may be obtained;

(c) That the vehicle is subject to towing and storage charges, the amount of charges that have accrued to the date of the notice and the daily storage charges;

(d) That the vehicle and its contents are subject to a lien for payment of the towing and storage charges and that the vehicle and its contents will be sold to cover the charges if the charges are not paid by a date specified;

(e) That the owner, possessor or person having an interest in the vehicle and its contents is entitled to a prompt hearing to contest the validity of taking the vehicle into custody and removing it and to contest the reasonableness of the charges for towing and storage if a hearing is timely requested;

(f) That a hearing must be requested within five days, by submitting the request for hearing in writing to the city administrator. A request for hearing is submitted only when it is actually received by the city administrator;

(g) That the vehicle and its contents may be immediately reclaimed by presentation to the city administrator of satisfactory proof of ownership or right to possession and either payment of the towing and storage charges or the deposit of cash security or a bond equal to the charges with the city. (Ord. 349 § 8, 1994)

10.10.090 Hearing to contest validity of removal and custody.

A person provided notice under VMC 10.10.070 or 10.10.080 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 VMC 10.10.030 or proposed removal and custody of a vehicle under VMC 10.10.020 by submitting a request for hearing to the city administrator not more than five days from the mailing date of the notice. The five-day period in this section does not include holidays, Saturdays or Sundays. A hearing under this section shall comply with all of the following:

(1) If the city administrator receives a request for hearing before the vehicle is taken into custody and removed, the vehicle shall not be removed unless the vehicle constitutes a hazard.

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

(3) Upon receipt of a request for a hearing under this section, the city administrator shall set a time for 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 owners of the vehicle and any lessors or security interest holders shown in the records of the 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 hearings officer finds, after hearing and by substantial evidence on the record, that the custody and removal of a vehicle was:

(a) Invalid, the hearings officer 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 reimburse the person for the charges. New storage costs 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 hearings officer shall order the vehicle to be held in custody until the costs of the hearing and all towing and storage costs are paid by the party claiming the vehicle. If the vehicle has not yet been removed, the hearings officer 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 hearings officer for the person’s failure to appear.

(6) The city is only required to provide one hearing under this section for each time the city police take a vehicle into custody and remove the vehicle, or the city administrator proposes to remove the vehicle.

(7) A hearing under this section may be used to determine the reasonableness of the charge 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 hearings officer shall provide a written statement of the results of a 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 in a hearing shall be consistent with the presentation of evidence required for contested cases under ORS 183.450.

(10) The hearings officer at a hearing under this section may be an officer, official or employee of the city, but 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) The determination of a hearings officer at a hearing under this section is final and is not subject to appeal. (Ord. 349 § 9, 1994)

10.10.100 Exemption from notice – Hearing requirements for vehicle held in criminal investigation.

A vehicle that is being held as part of any criminal investigation is not subject to any requirements under VMC 10.10.070, 10.10.080 and 10.10.090. (Ord. 349 § 10, 1994)

10.10.110 Sale of vehicle not reclaimed.

(1) If a vehicle taken into custody under VMC 10.10.020, 10.10.030 and 10.10.040 is not reclaimed within 30 days after it is taken into custody, the city shall either:

(a) Sell the vehicle and its contents at public auction in the manner provided in ORS 87.192 and 87.196; or

(b) Dispose of the vehicle in a manner provided by resolution of the Veneta city council.

(2) The contents of any vehicle sold under this section are subject to the same conditions of sale as the vehicle in which they are found.

(3) The authority to dispose of a vehicle under this section is in addition to any authority under VMC 10.10.030.

(4) Funds received from the sale of a vehicle or its contents under this section shall be disposed of as provided in VMC 10.10.150.

(5) Upon sale of a vehicle under this section, the city administrator shall issue a certificate of sale as described in VMC 10.10.140. (Ord. 349 § 11, 1994)

10.10.120 Disposal of vehicle valued at $1,000 or less, but more than $200.00.

(1) If a vehicle taken into custody under VMC 10.10.020, 10.10.030 or 10.10.040 is appraised at a value of $1,000 or less, or if it is an abandoned vehicle appraised at a value of $1,000 or less but more than $200.00, the city may dispose of the vehicle without notice and public auction if any of the following occur:

(a) The owner of the vehicle and any lessor or security interest holder shown in the records of the division sign a release, under oath, disclaiming any future interest in the vehicle;

(b) The owner and any lessor or security interest holder shown in the records of the division have been sent notification of the location of the vehicle and, within 15 days after the date the notification is mailed, the persons notified have not signed releases or the vehicle has not been reclaimed. Failure to sign a release or to reclaim the vehicle shall constitute a waiver of interest in the vehicle.

(2) If the city intends to dispose of a vehicle under this section, the city administrator shall do all of the following:

(a) File with the division an affidavit describing the vehicle, and stating the location and appraised value of the vehicle and that the vehicle will be junked or dismantled;

(b) Surrender the registration plates of the vehicle, if any, to the division;

(d) Forward any release of interest completed under this section to the division.

(3) Upon completion of the requirements under this section, the city may sell the vehicle without notice and public auction to any of the persons described in this subsection. The city administrator shall issue to the person purchasing the vehicle a certificate of sale described under VMC 10.10.140 and shall notify the person that the person might be required by the provisions of ORS 819.016 to apply for a salvage title. The city may sell a vehicle under this subsection to any of the following:

(a) A wrecker with a certificate issued under ORS 822.110;

(b) Any other person who complies with the provisions of and executes the forms required by ORS 819.010. The forms required by ORS 819.010 shall be included with the certificate of sale described under VMC 10.10.140.

(4) Upon disposition of a vehicle under this section the vehicle shall cease to be a vehicle for purposes of the vehicle code, except as provided in the following:

(a) The person purchasing the vehicle is subject to the provisions of ORS 819.010 and 819.040 relating to salvage procedures and requirements for destruction of vehicles;

(b) The provisions of VMC 10.10.040 apply to the procedures of the division relating to the vehicle, as appropriate.

(5) The authority to sell or dispose of a vehicle under this section is in addition to any authority under VMC 10.10.110. (Ord. 349 § 12, 1994)

10.10.130 Disposal of vehicle valued at $200.00 or less.

(1) If an abandoned vehicle appraised at a value of $200.00 or less by a qualified vehicle appraiser is not claimed within 15 days from the time it was towed, the person who towed the vehicle or the city administrator, if the city administrator chooses to dispose of the vehicle, shall:

(a) Notify the registered owner and secured parties as provided in subsection (2) of this section;

(b) Photograph the vehicle;

(d) Unless the vehicle is claimed by a person entitled to possession of it, dispose of the vehicle and its contents to a person who holds a valid wrecker certificate issued under ORS 822.110.

(2) The person who tows the vehicle or the city administrator, if the city administrator chooses to dispose of the vehicle, shall give written notice within 48 hours of the day the vehicle was towed to the persons who names are furnished under subsection (1) of this section. The 48 hours shall not include Saturdays, Sundays or holidays. The notice shall state that a person entitled to possession of the vehicle has 15 days from the date the vehicle was towed to claim the vehicle and that if the vehicle is not claimed it will be disposed of as provided in this section.

(3) Disposal of a vehicle to a wrecker as provided in this section extinguishes all prior ownership and possessory rights.

(4) The notice provided to the division pursuant to subsection (1) of this section shall be submitted to the division on such forms as the division may, by rule, require. A copy of the notification to the division may be submitted to the wrecker instead of submitting to the wrecker ownership or other title documents for the vehicle. (Ord. 349 § 13, 1994)

10.10.140 Certificate of sale – Issuing certificate of title and registration card for vehicle.

When any vehicle is sold under VMC 10.10.110 or 10.10.120, the city administrator, at the time of the payment of the purchase price, shall execute a certificate of sale in duplicate. The original certificate of sale shall be delivered to the purchaser and the copy shall be retained by the city. The certificate of sale shall contain the name and address of the purchaser, the date of sale, the consideration paid, a description of the vehicle and a stipulation that no warranty is made as to the condition or title of the vehicle. (Ord. 349 § 14, 1994)

10.10.150 Return of sale – Proceeds.

(1) When any vehicle is sold under VMC 10.10.110 or 10.10.120, the city shall transmit to the motor vehicles division, and to the finance officer of the city, a return of sale setting forth:

(a) A description of the vehicle;

(b) The purchase price;

(d) The costs incurred in the sale; and

(e) The costs and expenses incurred in the removal, preservation and custody of the vehicle.

(2) The city shall transmit to the city finance officer, with the return of sale, the balance of the proceeds of the sale. The city may deduct from the proceeds the costs incurred in the sale and the costs and expenses incurred in the removal, preservation and custody of the vehicle. Upon receipt of the return of sale and such proceeds, the finance officer shall deposit such proceeds in the general fund of the city and file in the city records the return of sale. (Ord. 349 § 15, 1994)

10.10.160 Claim by former owner to proceeds of sale.

At any time within two years after the sale of a vehicle under VMC 10.10.110, the former owner or former interest holder of the vehicle may recover the proceeds from the general fund of the city under VMC 10.10.150 by filing a claim with the city. The claim shall be audited and paid as are other claims against the city. (Ord. 349 § 16, 1994)

10.10.170 Declaration of public nuisance.

Abandoned 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 abandoned vehicles on public or private property is hereby declared to constitute a public nuisance, which may be abated in accordance with the provisions of this chapter. (Ord. 349 § 17, 1994)

10.10.180 Prohibited action.

(1) A person commits the offense of abandoning a vehicle if the person abandons a vehicle upon a highway or any public or private property.

(2) The owner of the vehicle as shown by the records of the division shall be considered responsible for the abandonment of the vehicle in the manner prohibited by this section and shall be liable for the cost of removal and disposition of the abandoned vehicle.

(3) A vehicle abandoned in violation of this section is subject to the provisions for removal of abandoned vehicles under VMC 10.10.020 to 10.10.040 and to being sold as provided under VMC 10.10.110 or 10.10.120, whether the vehicle is abandoned on public or private property.

(4) The offense described in this section is punishable, upon conviction, by a fine not to exceed $250.00. This penalty may be imposed in addition to any other charges, costs or assessments imposed pursuant to the terms of this chapter. (Ord. 349 § 18, 1994)

10.10.190 Storing an abandoned vehicle.

(1) A person commits the offense of storing an abandoned vehicle if the person stores an abandoned vehicle upon any private property.

(2) The owner of the real property where the vehicle is stored is responsible for the storage of the abandoned vehicle in the manner prohibited by this section.

(3) The offense described in this section, storing an abandoned vehicle, is punishable, upon conviction, by a fine not to exceed $250.00. Each day that the violation continues shall constitute a separate offense. (Ord. 349 § 19, 1994)

10.10.200 Entry upon private property.

(1) The city police are authorized at all reasonable times to enter upon private property and examine any vehicle for the purpose of determining whether or not such vehicle is abandoned. However, before entering upon private property, the city police shall obtain the consent of an occupant thereof or a warrant of the municipal court authorizing entry for the purpose of inspection, except when an emergency exists.

(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 such inspection by stating the purpose and extent of the proposed inspection, citing the ordinance codified in this chapter as the basis for such inspection, whether it is an inspection instituted by a complaint, or other specific or general information concerning the vehicle in question or the property on which it is situated.

(3) It is unlawful for any person to interfere with or attempt to prevent the city police from entering upon private premises and inspecting any vehicle when an emergency exists or the city police exhibit a warrant authorizing entry. (Ord. 349 § 20, 1994)