Chapter 8.10
ABANDONED VEHICLES
Sections:
8.10.040 Notice of impoundment.
8.10.080 Redemption before sale.
8.10.010 Definitions.
As used in this chapter:
(1) “Abandoned” shall mean left unoccupied and unclaimed in a damaged or dismantled condition upon the streets or alleys of the city.
(2) “City” shall mean the city of Hubbard.
(3) “Costs” shall mean the expense of removing, storing and selling an impounded vehicle.
(4) “Chief of police” shall include an authorized law enforcement officer of the city.
(5) “Owner” shall mean 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.
(6) “Vehicle” shall mean every device in, upon or by which any person or property is or may be transported or drawn upon a public highway, except devices moved by human power or used exclusively upon stationary rails or tracks.
(7) “Private garage” shall mean a reputable, private storage yard, garage or other storage place selected by the chief of police. (Ord. 1982-17 § 1, 1982)
8.10.020 Notice of nuisance.
(1) It shall be the duty of the police department, whenever a vehicle is found abandoned upon the streets or alleys in the same position for a period of 48 hours, to:
(a) Make a routine investigation to discover the owner and request removal of the vehicle; or
(b) Failing to discover the owner by such a process to make a diligent inquiry as to the name and address of the owner of the vehicle by examining such vehicle for license number, I.D. number, make, style and any other information which will aid in the identification of the ownership of the vehicle, and transmit all available information pertaining to such vehicle to the Motor Vehicles Division of this state with an inquiry for the name and address of the owner, whenever such vehicle is required by law to be registered with that office;
(c) If the owner is not identified, place a notice upon the windshield or some other part of the vehicle easily seen by the passing public.
(2) The notice shall state that the police department will remove and impound the vehicle under the provisions of this chapter 24 hours after the time of the posting, unless:
(a) The owner removes the vehicle; or
(b) Good cause is shown, satisfactory to the chief of police, why such vehicle should not be impounded by the city. (Ord. 1982-17 § 2, 1982)
8.10.030 Impounding nuisance.
(1) An abandoned vehicle which remains in the same position for a period of 24 hours after an owner has been requested to remove it or after a notice to remove has been posted upon the vehicle, and no person has appeared to show good cause why the vehicle should not be moved, shall constitute a nuisance.
(2) It shall be the duty of the police department to remove a vehicle which constitutes a nuisance under the provisions of this chapter, store the vehicle upon city property, or store the same in a private garage and dispose of it pursuant to the provisions of this chapter.
(3) Vehicles taken into custody under authority of ORS 483.382 shall be disposed of pursuant to the provisions of this chapter.
(4) After the impoundment, the chief of police shall cause the vehicle to be appraised by a person having a valid permit issued under ORS 483.396. (Ord. 1982-17 § 3, 1982)
8.10.040 Notice of impoundment.
If the owner is identified, he shall be notified immediately by registered or certified mail that such vehicle is held by the police department of the city. The notice to the owner shall also state:
(1) The reason for impounding the vehicle;
(2) The existing costs charged against the vehicle;
(3) An estimate of future costs, including the cost of advertising the vehicle for sale;
(4) That unless the owner redeems the vehicle within 30 days from the day of mailing the notice and pays all the costs, the vehicle will be sold. (Ord. 1982-17 § 4, 1982)
8.10.050 Low value vehicle.
(1) If the vehicle is appraised at $300.00 or less and the owner is identified, the chief of police shall file with the Motor Vehicles Division an affidavit describing the vehicle, including the license plates, if any, stating the location and appraised value of the vehicle, and stating that the vehicle will be junked or dismantled. The chief of police shall state that notice of intent to junk or dismantle the vehicle has been sent with notification of the location of the vehicle to the owner.
(2) Failure of the owner to reclaim the vehicle within 30 days after the date notification is mailed shall constitute a waiver of his interest in the vehicle.
(3) Upon completion and forwarding of the affidavit and expiration of the time period stated in subsection (2) of this section, the chief of police may, without notice and without public auction, dispose of the vehicle and execute a a certificate of sale.
(4) The certificate of sale shall be substantially as follows:
CERTIFICATE OF SALE
This is to certify that under the provisions of ordinance no. ____ entitled “An ordinance for the impounding and disposition of abandoned vehicles,” I did on the day of __________, ____ (year), sell to _______________ for the sum of $__________ cash, 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 _________, ____ (year).
__________________
Note: The city of Hubbard 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. 1982-17 § 5, 1982)
8.10.060 Public sale notice.
(1) If the vehicle is appraised over $300.00 and if no claim is made by the owner within the time specified by HMC 8.10.040(4), or if the vehicle is valued under $300.00 but the owner cannot be identified after compliance with HMC 8.10.020, the chief of police shall cause to be posted a notice of sale. The notice of sale shall state:
(a) The sale is of abandoned property in the city’s possession;
(b) A description of the vehicle, including the type, make, license number, I.D. number, and any other information which will aid in accurately identifying the vehicle;
(c) Terms of the sale;
(d) The date, time and place of the sale.
(2) The notice of sale shall be published two times. The first publication shall be made not less than 15 days prior to the date of the proposed sale, and the second shall be made not less than eight days prior to the date of the proposed sale. (Ord. 1982-17 § 6, 1982)
8.10.070 Public sale.
(1) If no claim has been made to redeem an impounded vehicle appraised over $300.00 or appraised under $300.00 but the owner cannot be identified 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 view of the vehicle to be sold.
(2) 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 may enter a bid on behalf of the city in an amount equal to such costs.
(3) 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 administrator or designee.
(4) The certificate of sale shall be substantially as follows:
CERTIFICATE OF SALE
This is to certify that under the provisions of ordinance no. ____, 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 __________ , ____ (year), sell at public auction to __________________ for the sum of $_________ cash, he being the highest and best bidder, and that being the highest and best sum bidden therefor, purchased 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 _____________, ____ (year).
___________________
Note: The city of Hubbard 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. 1982-17 § 7, 1982)
8.10.080 Redemption before sale.
(1) An owner may redeem a vehicle impounded under the provisions of this chapter before a sale or disposition has taken place, by applying to the police department, whereupon he shall:
(a) Submit evidence of his 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.
(2) Upon compliance with subsection (1) of this section, the chief of police shall execute a receipt for the owner and cause the vehicle to be returned to him. (Ord. 1982-17 § 8, 1982)
8.10.090 Sale and proceeds.
(1) Upon consummation of a sale, the chief of police shall deliver the vehicle and the certificate of sale to the purchaser. The sale and conveyance shall be without redemption.
(2) The proceeds of a sale shall be applied:
(a) To the payment of costs incurred by the city, then for such services as may be rendered by a private garage; and
(b) The balance, if any, shall be transferred to the city administrator or designee to be credited to the general fund. (Ord. 1982-17 § 9, 1982)
8.10.100 Application.
This chapter shall apply to all abandoned vehicles now in the city’s possession as well as to abandoned vehicles that are hereafter impounded. (Ord. 1982-17 § 10, 1982)
8.10.110 Charges.
In the enforcement and execution of the provisions of this chapter, the chief of police shall charge and collect such fees as the council may establish for necessary services rendered in such cases. (Ord. 1982-17 § 11, 1982)
8.10.120 Private garages.
When a private garage is utilized, the council shall also establish reasonable fees for such services by motion, with the following conditions:
(1) The city shall not be liable for services rendered by a private garage from any funds other than such amounts as may be collected from the owner on redemption or from a purchaser upon sale, after the city has deducted its expenses, unless the city is the purchaser of the vehicle.
(2) No lien shall be created by this chapter in favor of the private garage upon the vehicle for such services.
(3) The vehicle shall not be released from the private garage except upon receipt signed by the chief of police, proffered by the purchaser. (Ord. 1982-17 § 12, 1982)