Chapter 5.32
WRECKING CERTIFICATES

Sections:

5.32.010  Wrecking certificates.

5.32.010 Wrecking certificates.

The following procedures and criteria are hereby established for review of requests for local approval of a wrecking certificate and renewal of a wrecking certificate under ORS 822.140(2):

(1)  Decision-maker. The local approval of a wrecking certificate is a decision vested in the city council. The city council hereby expressly delegates the initial decision on the wrecker certificate to the city administrator, or his/her designee. The city council retains jurisdiction over any appeal of the administrator’s decision.

(2)  Application. The applicant shall submit to the city administrator an official DMV form application for local approval of a wrecking certificate. The applicant may submit supporting materials demonstrating compliance with the criteria for local approval.

(3)  Timing. New applications may be submitted at any time. Renewal applications should be submitted at least one month prior to the requested certificate year.

(4)  Administrator’s Report, Decision, and Notice of Decision. The city administrator shall prepare a report which will serve as the record of the administrator’s decision. The report shall set forth the applicable criteria and relevant substantial evidence related to the criteria. The administrator and his/her authorized representatives may inspect the property for purposes of determining compliance with the applicable criteria. Within seven days of receipt of the application, the administrator shall make a decision to grant or deny the certificate based on compliance with the applicable criteria. Conditional approvals are not authorized or recognized by the state. A notice of decision shall be forwarded to the applicant, council, local ODOT representatives, surrounding property owners within 100 feet of the subject property and to any person requesting a copy.

(5)  Notice of Appeal and Scheduling. Any party receiving a notice of decision may appeal the administrator’s decision to the city council by filing a written notice of appeal with the administrator within 10 calendar days after the date the decision was signed by the administrator. The notice shall state with particularity the basis for the appeal including specific reference to the criteria in the ordinance or statute which the party believes has or has not been met. An appeal must be accompanied by a $100.00 deposit to cover the cost of the hearing. Any unexpended funds shall be returned to the party posting the deposit. Appeal requirements are jurisdictional. Upon receipt of an appeal notice, the city administrator shall schedule a quasi-judicial hearing before the city council. The hearing shall be held by the council at the next available regular or special council meeting where the notice requirements of this section can be met, or such later time for good cause shown. In no case shall the hearing be held in less than seven days or more than 21 days after the submission of the application, unless a different time frame is agreed to in writing by the applicant. Notwithstanding any other requirement of this section, the local wrecker certificate decision shall be scheduled and considered concurrently with any other hearing concerning the property which is the subject of the request for the wrecker certificate or renewal.

(6)  Notice of Appeal Hearing. The applicant, ODOT, and surrounding property owners within 100 feet of the subject property and any person requesting notice shall be sent letter notice of the appeal hearing. No less than seven days before the appeal hearing, the applicant shall post in a conspicuous location on the property a notice of hearing provided by the city. The content of the notice shall apprise all interested parties of the criteria and procedures applicable. If the hearing is combined with any other hearing, the more restrictive notice and hearing requirements shall be followed. Nothing herein shall prohibit the city from providing additional notice, including publication in a newspaper of record.

(7)  De Novo Appeal Hearing. The purpose of the hearing shall be to afford procedural due process to the participants. Any hearing procedure which affords notice and an opportunity for participants to be heard shall be adequate. Land use hearing procedures may be used to provide procedural due process. All participants are encouraged to submit testimony, evidence and argument in writing prior to the hearing date to facilitate review and consideration of the evidence. Participation in the hearing is not required, written participation is adequate.

(8)  Hearing Decorum. Standard rules for public hearings shall be followed. All participants are required to strictly follow the rules of the hearing as outlined by the chair. In no event shall a participant be permitted to be disruptive or be permitted to present irrelevant, redundant or inflammatory matters designed to intimidate or harass the other participants, staff or the council. Individuals or groups who repeatedly fail to abide by the orders of the chair may be removed or arrested and charged with the crime of criminal trespass.

(9)  Criteria for Administrator and Council Decision.

(a)  The criteria for local approval of a wrecking certificate shall be the criteria identified in ORS 822.140.

(b)  The "approves the location" criterion referred to in the first clause of ORS 822.140(2)(d) and the compliance with "local regulations" criterion in the second clause of ORS 822.140(2)(d) refers to compliance with local land use approval requirements. Specifically, for an original wrecking certificate, the location of the wrecking business shall first be approved by the city through normal local land use processes. For an original certificate and for the renewal of a certificate, the location shall also remain in compliance with any and all conditions and/or restrictions of that land use approval.

(c)  The "approves the location" criterion does not require the re-approval every year of the property pursuant to land use approval processes. Rather, after the original approval of the location, the property shall be reviewed for compliance with any and all approval conditions and for changed circumstances. Failure to obtain, maintain or continue (such as abandonment of a nonconforming use) a local land use approval for the location or failure to comply with approval conditions shall require a finding that the location is not approved and not in compliance with local regulations and shall result in denial of the request for a local wrecker certificate.

(10)  Decision on Appeal. The council’s decision shall be reduced to writing, shall contain findings of fact and conclusions of law, and be supported by competent substantial evidence in the record. A written copy of the decision shall be provided to all participants.

(11)  Appeal. The appeal of the council’s decision shall be by writ of review or to the land use board of appeals depending upon the procedure, content, and scope of the hearing. The decision shall include a recitation of appeal rights. (Ord. 2832 § 2, 2000; Ord. 2808 § 2, 1999)