Chapter 10.16
DISCARDED VEHICLES
Sections:
10.16.020 Declaration of public nuisance.
10.16.060 Entry on private property.
10.16.070 Hearing by municipal court.
10.16.080 Abatement by the city and appraisal.
10.16.120 Redemption before sale.
10.16.130 Assessment of costs.
10.16.010 Definitions.
As used in this chapter, the following mean:
“Code enforcement officer” means and includes any authorized law enforcement officer of the city, the code enforcement officer, or another city employee authorized to enforce this chapter.
“Costs” means the expense of removing, storing, or selling a discarded vehicle.
“Discarded vehicle” means:
1. A vehicle that is in one or more of the following conditions:
a. Inoperative;
b. Wrecked;
c. Dismantled;
d. Partially dismantled;
e. Abandoned;
f. Junked.
2. Discarded vehicles include major parts of vehicles, including but not limited to bodies, engines, transmissions, and rear ends.
3. A vehicle that does not lawfully display registration plates with unexpired stickers shall be presumed to be abandoned. This shall be a disputable presumption.
“Person in charge of property” means an agent, occupant, lessee, contract purchaser, owner, or person having possession, control, or title to property where a vehicle is located.
“Vehicle” means every device in, upon, or by which a 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.
“Vehicle owner” means an individual, firm, corporation, or unincorporated association with an individual or joint claim or a legal or equitable interest in a vehicle. (Ord. 92-26 § 1)
10.16.020 Declaration of public nuisance.
Accumulation and storage of discarded vehicles reduces property values, is unsightly, promotes neighborhood deterioration, invites plundering, creates fire hazards, is an attractive nuisance causing a hazard to minors’ health and safety, creates a harborage for rodents and insects, and is injurious to the health, safety, and general welfare. Therefore, a discarded vehicle on private property is a public nuisance which may be abated in accordance with this chapter. (Ord. 92-26 § 1)
10.16.030 Prohibited action.
Storage of a discarded vehicle on private property in Lincoln City is prohibited unless the vehicle is completely enclosed by a building, stored behind a sight-obscuring fence, hedge or wall, or stored by a lawfully conducted business dealing in junked vehicles. (Ord. 92-26 § 1)
10.16.040 Investigation.
A. When a code enforcement officer investigates a discarded vehicle on private property and determines that a nuisance exists, the officer shall:
1. Attempt to discover the owner of the vehicle and the person in charge of the property on which the vehicle is located; and
2. Give written notice to them by personal service or by registered or certified mail that the vehicle is in violation of this chapter.
B. If the owner of the vehicle is not found, the officer shall place a notice on the windshield or some other part of the vehicle where it can be easily seen. (Ord. 92-26 § 1)
10.16.050 Contents of notice.
A notice issued under LCMC 10.16.040 shall state:
A. That the discarded vehicle is in violation of this chapter and that within 10 days after sending or posting the notice:
1. The vehicle must be removed from the city or to the storage yard of a lawfully conducted business dealing in junked vehicles, or
2. The vehicle must be completely enclosed within a building, or
3. The vehicle must be stored behind a sight-obscuring fence, hedge or wall;
B. That the alternative to compliance with subsection (A) of this section is to petition the municipal court clerk within the 10-day period described in subsection (A) of this section and make a written request to appear before the municipal court judge to show why the vehicle should not be immediately removed or properly stored;
C. That failure to comply with this chapter authorizes the city to remove the vehicle, charge the cost against the property from which it was removed, and to sell the vehicle to satisfy the costs of removal and storage. (Ord. 92-26 § 1)
10.16.060 Entry on private property.
A. A code enforcement officer is authorized to enter private property at all reasonable times and examine a vehicle to determine whether it is discarded. Except when an emergency exists, before entering onto private property, the officer shall obtain the consent of an occupant or a warrant of the municipal court authorizing entry for inspection.
B. No search warrant shall be issued under this chapter until an affidavit has been filed with the municipal court showing probable cause for the inspection by stating the purpose and extent of the proposed inspection, citing this chapter as the basis for the inspection, stating whether it is an inspection instituted by complaint, or giving other specific or general information concerning the vehicle in question or the property on which it is located.
C. No person shall interfere with or attempt to prevent a code enforcement officer from entering private premises and inspecting a vehicle when an emergency exists or when the officer exhibits a warrant authorizing entry. (Ord. 92-26 § 1)
10.16.070 Hearing by municipal court.
A. Following a request, the municipal court shall fix a time for a hearing to show cause why a vehicle should not be abated immediately and to receive evidence and the testimony of the code enforcement officer and other interested persons concerning the existence, location, and condition of the vehicle. After the hearing, the court may order the vehicle removed by the city in accordance with the provisions of this chapter.
B. The court shall make its ruling in the form of an order declaring the vehicle to be a public nuisance. The court may order the removal of more than one vehicle and may consolidate the hearings and orders relating to more than one vehicle. People receiving the notice specified in LCMC 10.16.040 shall be sent copies of the order of the court.
C. The court may impose conditions and take other action it considers appropriate under the circumstances to carry out this chapter. It may delay the time for removal of the vehicle when, in its opinion, circumstances justify such action. It shall refuse to order removal of the vehicle when the vehicle is not subject to the provisions of this chapter. (Ord. 92-26 § 1)
10.16.080 Abatement by the city and appraisal.
A. Ten days after giving the notice required in LCMC 10.16.040 or, if a hearing is held, 10 days after adoption of an order declaring a vehicle to be a public nuisance as required in LCMC 10.16.070, the city will have jurisdiction to abate the nuisance and may remove the vehicle by use of city employees or authorized independent contractors. No person shall interfere with, hinder or refuse to allow authorized persons to enter private property to remove a vehicle under this chapter.
B. After removing the vehicle, the city shall have it appraised. (Ord. 92-26 § 1)
10.16.090 Low-value vehicle.
A. If the vehicle is appraised at $750.00 or less, the code enforcement officer or independent contractor may dispose of the vehicle without notice and public sale if either of the following occur:
1. 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;
2. 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.
B. Prior to sale, the code enforcement officer or authorized independent contractor shall file an affidavit with the Motor Vehicles Division 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 code enforcement officer or independent contractor may dispose of the vehicle and execute a certificate of sale without notice and public auction. (Ord. 92-26 § 1)
10.16.100 Public sale notice.
A. If the vehicle is appraised over $750.00, the code enforcement officer shall publish a notice of sale in a newspaper of general circulation within the city. The notice of sale shall state:
1. The sale is of discarded property in possession of the city;
2. A description of the vehicle, including the type, make, license number, identification number, and any other information that will aid in accurately identifying the vehicle;
3. The terms of the sale;
4. The date, time and place of the sale.
B. The notice of sale shall be published twice. The first publication shall be made not less than 15 days before the date of proposed sale, and the second shall be made not less than seven days before the date of proposed sale. (Ord. 92-26 § 1)
10.16.110 Public sale.
A. If a vehicle is subject to LCMC 10.16.100, the code enforcement officer or independent contractor shall hold a sale at the time and place appointed, within view of the vehicle to be sold.
B. The vehicle shall be sold to the highest and best bidder. The city may specify a minimum bid price. However, if no bids are entered or the bids entered are less than the costs incurred by the city, the code enforcement officer may enter a bid on behalf of the city in an amount equal to the costs.
C. When the purchase price is paid, the code enforcement officer shall execute a certificate of sale in duplicate; the original shall be delivered to the purchaser and a copy filed with the city recorder. (Ord. 92-26 § 1)
10.16.120 Redemption before sale.
A. A vehicle impounded under the provisions of this chapter may be redeemed by its owner or by the person in charge of the property from which the vehicle was removed by applying to the code enforcement officer before sale or disposition has taken place. The person shall:
1. Submit satisfactory evidence of ownership or interest in the vehicle to the code enforcement officer;
2. Pay the costs owing at the time the application to redeem is made;
3. Give evidence that the nuisance character of the vehicle will not be resumed.
B. Upon compliance with subsection (A) of this section, the code enforcement officer or independent contractor shall execute a receipt and cause the vehicle to be returned. (Ord. 92-26 § 1)
10.16.130 Assessment of costs.
A. After disposing of the discarded vehicle and deducting any money received from sale of the vehicle from the costs, the code enforcement officer shall give notice by personal service or by registered or certified mail to the person in charge of the property from which the vehicle was removed:
1. Of the unpaid costs of abatement;
2. That the costs as indicated will be assessed to, and become a lien against, the real property unless paid within 30 days from the date of the notice;
3. That if the person in charge of the property objects to the indicated costs of the abatement, a written notice of objection may be filed with the municipal court clerk within 10 days from the date of the notice of unpaid costs.
B. Objections to the proposed assessment shall be heard and determined by the municipal court.
C. If the costs of the abatement are not paid within 30 days from the date of the notice, or within 10 days of a court determination made under subsection (B) of this section, assessment of the costs shall be made by order of the court and entered in the docket of city liens. When the entry is made, it shall constitute a lien on the real property from which the nuisance was removed or abated.
D. The lien shall be enforced in the same manner as liens for street improvements are enforced and shall bear interest at the rate of nine percent per year. Interest shall accrue from the date of the entry of the lien into the lien docket.
E. An error in the name of the person in charge of the property shall not void the assessment, nor will a failure to receive notice of the proposed assessment render the assessment void. The assessment shall remain a valid lien against the property. (Ord. 92-26 § 1)