Chapter 8.08
ABANDONED, HAZARDOUS, NEGLECTED OR DISCARDED VEHICLE REGULATION, IMPOUNDMENT AND DISPOSITION
Sections:
8.08.020 Declaration of public nuisance.
8.08.050 Real property owner rights.
8.08.010 Purpose.
The purpose of this chapter is to provide regulation of abandoned, hazardous, neglected or discarded vehicles as well as the impoundment and disposition of such vehicles. This chapter is intended to supplement and work in conjunction with the provisions of Title 10 of this code. (Ord. 1092 § 1 (Exh. A), 2023)
8.08.015 Definitions.
For purposes of this chapter, the following words and phrases shall have the meanings ascribed to them by this section.
A. “Abandoned vehicle” means a vehicle that has been deserted or relinquished without claim of ownership or has one or more of the following existing conditions:
1. The vehicle license plate or registration sticker has expired or has been canceled or altered, or the vehicle has a license plate from another vehicle;
2. The vehicle has no license plates or registration sticker;
3. The records of the Oregon Department of Transportation identify the vehicle as sold and the current owner of the vehicle has not registered the vehicle as required by state law.
B. “Costs” means the expense of removing, storing or selling a neglected or discarded vehicle; an abandoned vehicle; or a hazardous vehicle.
C. “Dismantled” means inoperative without the addition or application of vital parts or mechanisms and the application of a substantial amount of labor to effect repairs.
D. “Hazardous vehicle” means a vehicle that is left in a location or condition as to cause, in the City’s sole discretion, an immediate threat to public safety, the environment, or the safety of vehicular or pedestrian traffic. Such locations or conditions include, but are not limited to:
1. The vehicle is leaking gray or black water, or leaking any other hazardous material that creates an environmental or health risk.
2. The vehicle blocks, impedes or interferes with the vision or normal flow of vehicular, bicycle, or pedestrian traffic on public streets or sidewalks.
3. The vehicle is parked or left standing on a street, parking facilities, or other area where immediate access is needed, in the event of an emergency, by emergency services personnel or their equipment.
4. The vehicle blocks or is left standing within ten feet of a fire hydrant.
5. The vehicle poses an immediate danger to the public safety.
E. “Neglected or discarded vehicle” means a vehicle that is not in compliance with the provisions in ORS Chapter 803 (Vehicle Title and Registration) or appears to be inoperative, wrecked, dismantled or partially dismantled. It also means unassembled or partially assembled vehicle parts, including, but not limited to, tires, batteries, engines, transmissions, vehicle bodies, and frames.
F. “Parking facilities” means city-owned or controlled property where permanent or temporary vehicle parking is allowed.
G. “Person in charge of real property” means an agent, occupant, lessee, tenant, contract purchaser, or other person having possession or control of the real property or the supervision of a construction project on the property.
H. “Person in charge of the vehicle” means any person other than the owner who is authorized to control the use of the vehicle in question.
I. “Person responsible” means any or all of the following:
1. The owner of the real property on which the nuisance exists;
2. The person in charge of the real property where the nuisance exists;
3. The person who causes the nuisance to come into or continue in existence;
4. The person who is the owner of the vehicle in question;
5. The person in charge of the vehicle in question; or
6. The person who causes the vehicle in question to violate this chapter.
J. “Public way” means any street, road, alley, right-of-way, pedestrian or bicycle easement for public use.
K. “Vehicle” means a device in or by which a person or property is or may be transported or drawn upon a public highway, excluding a device moved by human power or used exclusively upon stationary rails or tracks, and including, but not limited to, a vehicle body, engine, transmission, frame or other major part.
L. “Vehicle owner” or “owner” means an individual, firm, corporation, or unincorporated association with a claim, either individually or jointly, of ownership or an interest, legal or equitable, in a vehicle. (Ord. 1092 § 1 (Exh. A), 2023)
8.08.020 Declaration of public nuisance.
The open accumulation and storage of abandoned, hazardous, neglected, or discarded vehicles on private property in violation of state law or this chapter is 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 causing 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 such vehicles on private property in violation of state law or this chapter is declared to constitute a public nuisance, which may be abated as provided in this code. (Ord. 1092 § 1 (Exh. A), 2023)
8.08.030 Prohibited actions.
A. Storage.
1. No person responsible shall cause or allow a neglected or discarded vehicle to remain upon private property within the city for more than 72 hours unless the vehicle is completely enclosed within a legally permitted building, or unless it is stored by a licensed business enterprise dealing in junked vehicles lawfully conducted within the City.
2. No person responsible shall allow a neglected or discarded vehicle to remain on public property for more than 24 hours.
3. No person responsible shall permit a hazardous vehicle to remain on public or private property.
B. Abandoned Vehicles. No person responsible shall cause or allow a vehicle to be abandoned on public property within the City for more than 24 hours. This section shall not apply to a vehicle that has been abandoned as defined by state law. A vehicle that is abandoned under state law shall be dealt with pursuant to the provisions of state law.
C. Vehicle Compliance. It is no defense to any of the prohibited acts of this chapter that the vehicle has moved to a different location in the City of Sutherlin.
1. Vehicle(s) that have been subjected to the pre-tow investigation and notice under SMC 8.08.040 that are parked along a public way will need to move more than one city block to become compliant.
2. Vehicle(s) that have been subjected to the pre-tow investigation and notice under SMC 8.08.040 that are parked on or within a public parking lot will need to fully leave the premises in order to become compliant.
3. Vehicles that have been subjected to the pre-tow investigation and notice under SMC 8.08.040 that have not complied, that have moved to a different location within the City of Sutherlin, that are within 30 days of the initial pre-tow investigation and notice, and that are still on public property in the city limits, will not require a second pre-tow investigation and notice prior to being towed. (Ord. 1092 § 1 (Exh. A), 2023)
8.08.040 Removal.
A. A vehicle that is in violation of this Chapter may be taken into custody by the Police Chief or their designee and shall be held at the expense of the owner of the vehicle. The Police Chief or their designee may use department personnel, equipment, and facilities for the removal and storage of the vehicle or may hire other personnel, equipment, and facilities for that purpose.
1. An abandoned, neglected, or discarded vehicle that is in violation of this chapter may be taken into custody only after the pre-tow investigation and notice required by this section have been completed.
2. A hazardous vehicle that is in violation of this chapter may be taken into custody immediately.
B. A vehicle that is believed or known to be actively used as a form of temporary occupancy that is taken into custody under this section will be held at the tow yard or a secured location for a period of at least 30 days. During that time, upon furnishing proof of ownership or authorization from the Police Chief or their designee, valuables and personal property contained within the vehicle will be released. Retrieval of the vehicle will require owner compliance with rules established by this code, the tow company, and state law.
C. Towing and Storage Liens.
1. A person who, at the request of the Chief of Police or their designee, takes a vehicle into custody under the provisions of this chapter shall have a lien on the vehicle and its contents for reasonable towing and storage charges, may retain possession of the vehicle until the charges are paid, and may sell the vehicle to satisfy the lien. The lien that attaches to the vehicle and its contents shall be a possessory chattel lien in accordance with ORS 87.152 and may be foreclosed in the manner provided in ORS 87.152 through 87.212. If the appraised value of the vehicle is $500 or less, the vehicle may be disposed of in the manner provided in ORS 819.215.
2. If the vehicle is taken into custody under the provisions of this chapter and held by the City rather than by a private entity, the vehicle and its contents shall be disposed of in the manner provided in ORS 819.110 through 819.210.
D. Pre-Tow Investigation and Notice. Except as otherwise provided by law, the Police Chief or their designee investigating a violation of SMC 8.08.030 shall:
1. Conduct a routine investigation to identify the owner and request removal of the vehicle;
2. Failing to discover the owner by such process, make a diligent inquiry as to the name and address of the owner by examining the vehicle for a license plate, vehicle identification number (VIN), make, model, style, or any other information that will aid in the identification of the owner. When such vehicle is required by law to be registered with the Oregon Department of Transportation, the Chief of Police or their designee shall inquire by license and/or VIN number with the appropriate division for the name and address of the owner;
3. Whether or not the owner is identified, affix a pre-tow notice upon the vehicle where it can be easily seen;
4. A vehicle found in violation of SMC 8.08.030 may be taken into custody with authorization of the Chief of Police or their designee.
5. Vehicles that have been subjected to the pre-tow investigation and notice for a violation of this chapter, that have not complied, that have moved to a different location within the City of Sutherlin, that are within 30 days of the initial pre-tow investigation and notice, and that are still on public property in the city limits, will not require a second pre-tow investigation and notice prior to being towed.
E. Contents of Pre-Towing Notice. Notices placed under SMC 8.08.040(D) shall contain the following information:
1. The name of the officer or other City employee issuing the notice;
2. That if the vehicle is not removed within the date/time specified, the vehicle will be towed and taken into custody for violation of this chapter;
3. That the vehicle will be subject to towing and storage charges and that a lien will attach to the vehicle and its contents;
4. The vehicle and its contents may be sold to satisfy the towing and storage charges if they are not paid;
5. The owner may request a hearing before the vehicle is towed, to contest the proposed custody and removal;
6. The owner may challenge the reasonableness of any towing and storage charges at the hearing;
7. If the vehicle is towed, its location may be obtained by contacting the Sutherlin Police Department.
F. Post-Towing Notice.
1. After a hazardous vehicle has been towed pursuant to this chapter, notice shall be mailed within 48 hours of removal (excluding Saturday, Sunday, and holidays) to the owner. The notice shall contain the following information:
a. That the Sutherlin Police Department has removed the vehicle. The applicable statute or ordinance by which the vehicle was towed is cited;
b. The location of the vehicle;
c. That the vehicle is subject to towing and storage charges, the amount of charges that have accrued to the date of notice and 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 the date specified;
e. That the owner is entitled to a prompt hearing to contest the validity of taking the vehicle into custody and to contest the reasonableness of the towing charges if a hearing is timely requested;
f. If a hearing is desired, the owner must request a hearing within five days (excluding Saturday, Sunday, and holidays) from the mailing date of the notice. The request must be made in writing to the Police Chief. The request must state the grounds as to why the custody and removal is not justified;
g. That the vehicle and its contents may be reclaimed by presenting proof of ownership, payment of towing and storage charges, or the deposit of cash security, or a bond equal to the charges, with the appropriate authority.
2. If the vehicle is registered in Oregon Department of Transportation records, notice may be addressed to the owner at the latest respective address shown by those records. If the vehicle is not registered, reasonable efforts shall be made to ascertain the name and address of the owner so that notice may be mailed, if reasonably possible, within the time period outlined in this section.
3. Notice is considered given when a certified letter addressed to the owner of the vehicle, return receipt requested, and postage prepaid is mailed within 48 hours (excluding Saturday, Sunday, and holidays) after the vehicle is taken into custody.
G. Tow Hearing.
1. Upon request of the owner, a hearing shall be held before the Municipal Judge. If the vehicle has not been taken into custody before the hearing request, it will not be removed unless it is a hazard;
2. A hearing shall be set within 72 hours (excluding Saturday, Sunday, and holidays) of receipt of the request and the owner shall be notified;
3. Towing and storage charges set by law, ordinance, or rule or that comply with law, ordinance, or rule are reasonable for purposes of this hearing;
4. Hearings may be informal in nature, but the presentation of evidence shall be consistent with the presentation of evidence required for contested cases under ORS 183.450.
H. Decision of Hearing.
1. If the Municipal Judge finds that:
a. The action of the Police Chief or their designee is valid:
i. The vehicle will be held in custody until the costs of the hearing, towing, and storage are paid by the owner;
ii. If the vehicle has not yet been towed, its removal shall be ordered.
b. The action of the Police Chief or their designee is invalid:
i. Order the immediate release of the vehicle to the owner;
ii. Find that the owner is not liable for towing or storage charges incurred prior to the hearing;
iii. Order the City to satisfy towing and storage charges incurred prior to the hearing.
2. The Municipal Judge shall provide a written statement of the results of the hearing to the person requesting the hearing.
3. The action of the Municipal Judge is final.
I. Failure to Appear. If the person requesting the hearing does not appear at the scheduled hearing, the Municipal Judge shall enter an order supporting the removal and assessment of towing and storage costs.
J. Exemption From Notice and Hearing Requirements. A vehicle that is being held as part of any criminal investigation is not subject to any part of this chapter. (Ord. 1092 § 1 (Exh. A), 2023)
8.08.050 Real property owner rights.
Nothing in this chapter shall be construed to limit or abridge any right an owner or person in charge of property has to dispose of vehicles on the person’s real property. (Ord. 1092 § 1 (Exh. A), 2023)
8.08.060 Violation—Penalty.
A violation of this chapter is punishable by a fine of not more than five hundred dollars ($500.00); provided, however, that if the same prohibited conduct is also an offense under state law, the punishment under this section shall not exceed the amount proscribed by state law or five hundred dollars ($500.00), whichever is less. Each day is a separate offense. (Ord. 1092 § 1 (Exh. A), 2023)