Chapter 8.20
ABANDONED VEHICLES
Sections:
8.20.020 Storage restricted – Nuisance declared.
8.20.030 Taking abandoned vehicles into custody.
8.20.050 Notice after removal.
8.20.060 Procedure for discarded vehicles that have no identification markings.
8.20.070 Hearing to contest validity of removal and hearing.
8.20.090 Disposal of discarded vehicle.
8.20.000 Applicability.
This chapter shall apply to all residential and commercial property within the city of Pilot Rock. [Added during 2011 codification].
8.20.010 Definitions.
As used in this chapter unless the context requires otherwise:
“Abandoned vehicle” shall mean any vehicle left unoccupied and unclaimed, or in a damaged, disabled, dismantled or inoperable condition.
“Chief of police” includes any authorized law enforcement officer of the city.
“City recorder” includes the city recorder or like agent of the city of Pilot Rock or person appointed by the city council to administer this chapter or all city ordinances.
“Discarded” shall mean any vehicle which does not have lawfully affixed thereto an unexpired license plate and/or is in one or more of the following conditions: inoperative, wrecked, dismantled, partially dismantled, abandoned or junked. Discarded vehicles may be deemed to include major parts thereof including but not limited to bodies, engines, rear ends, axles, chassis and transmissions.
“Permit” means a permit granted by the city of Pilot Rock allowing temporary storage of a discarded vehicle.
“Person in charge of property” shall mean any agent, occupant, lessee, contract purchaser, owner or person having possession, control or title of property where a vehicle is located.
“Vehicle” shall mean every motorized device in, upon or by which any person or property is or may be transported or drawn upon a public highway and parts or dismantled portions of any such device.
“Vehicle owner” shall mean any individual, firm, corporation or unincorporated association with a claim, either individually or jointly, of ownership or any interest, legal, secured or equitable, in a vehicle. [Ord. 510 § 1, 2004].
8.20.020 Storage restricted – Nuisance declared.
(1) Storage Declared a Nuisance. The open accumulation and storage of a discarded vehicle is 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 of the citizens of the city. Therefore, the presence of a 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 unless a permit has been obtained as provided in subsections (2) and (3) of this section.
(2) Storage in Building Permitted. Discarded or unlicensed vehicles and parts thereof may be stored on private property within the city if the vehicle and/or vehicle parts are completely enclosed within a building. This provision does not allow the storage of or operation of a junkyard or vehicle repair business in violation of city zoning codes. This section does not prohibit storage of vehicles or parts thereof by a business enterprise dealing in junked vehicles lawfully conducted within the city.
(3) Storage with Permit. The owner of a discarded vehicle may apply for a permit to allow temporary storage of such vehicle. The application must be on a form supplied by the city and shall include the following information:
(a) Circumstances for Storage and Intent. Length of proposed storage (not to exceed 12 months); complete description of the vehicle, including the VIN number;
(b) Fees. The application must be accompanied by a $50.00 application fee. The application fee will not be refunded if the permit is denied. A fee of $10.00 per month per vehicle shall be charged, with the first three months paid in advance if the permit is approved;
(c) Terms.
(i) Permits shall be issued for storage on private property only. No storage of discarded vehicles will be allowed on public streets, shoulders of city streets, city rights-of-way or property;
(ii) Permits shall be granted for a maximum of one year and shall not be renewed for the described vehicle;
(iii) Upon expiration of the permit, the vehicle will be subject to towing following 72-hour posting and citation for violation of this chapter, if it remains in a discarded condition;
(iv) The permittee shall immediately notify the city when the vehicle is licensed and operable;
(v) The vehicle must remain in moveable condition, i.e., with fully inflated tires, wheels to remain on the vehicle at all times;
(vi) Windows are to remain closed and doors locked, so as to reduce animal nesting and access by children;
(vii) The vehicle owner must have a valid permit for each vehicle. The council will determine how many discarded vehicles shall be allowed at each tax lot or residence with a maximum of four permitted;
(viii) The area around and under vehicle(s) shall be kept clear of weeds and debris. No vehicle parts may be stored in the open under this permit;
(ix) Failure to pay the monthly storage fee in advance will result in termination of the permit;
(x) Violation of any term or condition of this section shall result in immediate termination of the permit and upon 72 hours’ notice of permit termination, vehicle(s) may be towed and owner cited as provided in this chapter;
(d) Approval of Permit. Approval of a permit under this subsection (3) is at the council’s discretion and they may place additional conditions upon the permit at their discretion. Applications for a permit shall be reviewed at the next council meeting following receipt of a completed application with accompanying fees. [Amended during 2011 codification; Ord. 510 § 2, 2004].
8.20.030 Taking abandoned vehicles into custody.
(1) No vehicle which the chief of police has reason to believe is discarded shall be parked or left standing on public property within the city for a period in excess of 24 hours, and the same shall be declared a nuisance. Any vehicle so parked or left standing may be taken into custody by the police department and held at the expense of the vehicle owner.
(2) No vehicle which the chief of police has reason to believe is discarded shall be left parked or standing on private property within the city for a period in excess of 72 hours unless the vehicle owner has applied for a permit under this chapter, and the same shall be declared a nuisance. Any vehicle so parked or left standing may be taken into custody by the police department and held at the expense of the vehicle owner.
(3) Any vehicle parked or left standing upon private property in excess of 72 hours without the consent of the person in charge of the property may, upon their request, be removed by the chief of police and held at the expense of the vehicle owner. [Ord. 510 § 3, 2004].
8.20.040 Removal of vehicle.
It shall be the duty of the chief of police, whenever a discarded vehicle is parked or left standing as described in PRMC 8.20.030, to:
(1) Make a routine investigation to discover the owner and request the removal of the vehicle; and
(2) Affix notice to the discarded vehicle at least 72 hours before taking the vehicle into custody. The 72-hour period includes holidays, Sundays and Saturdays. The notice should be placed upon the windshield, or some other part of the vehicle easily seen by the passing public.
(3) The chief of police is authorized at all reasonable times to enter upon private property and examine any vehicle for the purpose of determining whether or not it is in discarded condition. However, before entering upon private property, the chief shall obtain the consent of the occupant thereof or a warrant of the municipal court authorizing his entry for the purpose of inspection, except when an emergency exists. 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 this section as the basis for the 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. It is unlawful for any person to interfere with or attempt to prevent the chief of police from entering upon private premises and inspecting a vehicle when an emergency exists or the chief of police exhibits a warrant authorizing entry.
(4) The notice affixed to the discarded vehicle shall state the following:
(a) The vehicle will be subject to be taken into custody and removed by the city if the vehicle is not removed in 72 hours or good cause shown to the chief of police why the vehicle should not be removed and impounded;
(b) The ordinance or code section under which the vehicle is being removed;
(c) The place where the vehicle is held in custody or the phone number where information can be obtained regarding where the vehicle is held in custody;
(d) The vehicle, if taken into custody, will be subject to towing and storage charges and that a lien will attach to the vehicle and its contents;
(e) The vehicle will be sold to satisfy the charges of towing and storage if the charges are not paid;
(f) The vehicle owner is entitled to a hearing before the vehicle is impounded to contest the proposed custody and removal if the hearing is timely requested;
(g) The owner may also challenge the reasonableness of any towing and storage charges at the hearing; and
(h) Time within which a hearing must be requested and the method of the hearing.
(5) Upon completion of the investigation and the affixing of the notice and after the appropriate notice period has passed, the chief of police may cause the removal of any vehicle which will constitute a nuisance under the provisions of this section and cause such vehicle to be stored upon a lot properly licensed under the Oregon state laws for storage of motor vehicles pending investigation into the ownership of such vehicle.
(6) The discarded vehicle may be removed to a private lot, provided:
(a) Such lot has been properly certified and licensed under the laws of the state of Oregon.
(b) Such lot has a written contract with the city which will include the following provisions:
(i) General summary of the minimum security provided by the lot;
(ii) The city shall be held harmless for any damage or theft of the vehicle, parts of the vehicle and contents of the vehicle;
(iii) The lot shall have insurance coverage which will be sufficient to cover any theft or damage to any vehicle, parts of any vehicle and the contents of any vehicle;
(iv) The lot shall have general liability insurance in an amount sufficient to satisfy the city;
(v) Copies of the insurance policy as required in subsections (6)(b)(iii) and (iv) of this section, naming the city as additional insured, shall be provided to the city; and
(vi) Such other information as may be required by the city. [Ord. 510 § 4, 2004].
8.20.050 Notice after removal.
(1) Within 48 hours of the removal of the discarded vehicle, the chief of police shall provide, by certified mail, written notice with an explanation of the procedures available for obtaining a hearing to the vehicle owner, any lessors, security or equity interest holders as shown in the records of the Department of Motor Vehicles. The notice shall state that the vehicle has been taken into custody and shall describe the location of the vehicle, the procedures for release of the vehicle and for obtaining a hearing. The 48-hour period under this section does not include holidays, Saturdays or Sundays.
(2) The notice given under this section after a discarded vehicle was 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 of Pilot Rock and the code section under which the vehicle has been taken into custody and removed;
(b) The location of the vehicle or telephone number and address where information can be obtained regarding where the vehicle is held in custody;
(c) The vehicle is subject to towing and storage charges, the amount of the charges that have accrued to the date of the notice and the daily storage charges;
(d) The vehicle and its contents are subject to a lien for payment of the towing and storage charges and the vehicle and its contents will be sold to cover the charges if the charges are not paid by the date specified by the appropriate authority;
(e) The vehicle owner 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) The time within which a hearing must be requested and the method for requesting a hearing;
(g) The vehicle and its contents may be immediately reclaimed by presentation to the city, if the city retains possession of the vehicle, or to the private lot where the vehicle is removed, of satisfactory proof of ownership or right to possession and either payment of the towing and storage charges or deposit of a cash security or bond equal to the charges with either the city or the private lot. [Ord. 510 § 5, 2004].
8.20.060 Procedure for discarded vehicles that have no identification markings.
If there is no vehicle identification number on the discarded vehicle and there are no registration plates and other markings through which the Department of Motor Vehicles can identify the owner of the vehicle, the city is not required to provide the notices described in PRMC 8.20.040 and 8.20.050 and the vehicle may be removed and disposed of as though notice and opportunity for hearing had been given. [Ord. 510 § 6, 2004].
8.20.070 Hearing to contest validity of removal and hearing.
(1) A person provided with the notice under PRMC 8.20.040 and 8.20.050, 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. The request for a hearing must be submitted to the Pilot Rock City Hall, 144 N. Alder Place, P.O. Box 130, Pilot Rock, Oregon 97868, within five business days of the later of the fixing of the notice or the mailing date of the notice after removal. The five-day period does not include holidays, Saturdays or Sundays.
(2) The hearing shall be conducted in accordance with the provisions of ORS 819.190 and any future changes or amendments thereto and shall be held before the Pilot Rock municipal judge. [Amended during 2011 codification; Ord. 510 § 7, 2004].
8.20.080 Exemption from notice and hearing requirements for a vehicle held in criminal investigations.
A vehicle that is being held as part of any criminal investigation is not subject to the requirements of this section unless the criminal investigation relates to theft of the vehicle. [Ord. 510 § 8, 2004].
8.20.090 Disposal of discarded vehicle.
(1) The disposal of the vehicle taken into custody shall be conducted in accordance with ORS 819.210 through 819.260 and any future changes or amendments thereto.
(2) The rights and liabilities of a vehicle owner taken into custody as provided in this section shall be as set forth in ORS 819.150 and any future changes or amendments thereto.
(3) There shall be a lien for towing on the discarded vehicle and its contents as is provided by ORS 819.160 and any future changes or amendments thereto. [Ord. 510 § 9, 2004].
8.20.100 Penalties.
Violation of the sections of this chapter are punishable by a penalty of not to exceed $500.00. [Amended during 2011 codification; Ord. 510 § 10, 2004].