(A) The property owner/responsible person where the abandoned vehicle is located shall receive an initial notice. If, after a declaration of public nuisance and the expiration of 15 days, a “Notice of Intent to Tow” shall be affixed to the abandoned vehicle in accordance with § 74.04. Five calendar days after providing such notice or five days after the Municipal Judge has denied any appeal, the City will have the authority and jurisdiction to tow the abandoned vehicle and/or remove any parts. Where there is credible evidence that the owner/responsible person of the property on which the vehicle is parked is out of town or otherwise unavailable, then the City shall defer towing the vehicle until such time as the owner/responsible person returns or is available to take action. Abatement action may be performed by City employees or their designee. No person shall interfere with, hinder, or refuse to allow authorized persons to enter private property for the purpose of removing a vehicle under the provisions of this chapter. Any person so interfering shall be cited and subject to a $200 fine.
(B) After removing the vehicle, the City shall so notify the vehicle owner of record, as well as the property owner. The vehicle owner may repossess the vehicle upon payment of all towing fees, contractor charges, miscellaneous fees, and a $350 fine. In addition, the owner must show possession of a current vehicle registration and proper insurance. The owner is also responsible for all costs of removal and storage per ORS 819.150.
(C) If after 45 days, or no one has claimed the towed vehicle, the City may authorize the public sale thereof in accordance with the appropriate state regulations.
(D) Should the public sale of the vehicle and the payment of a $350 fine fail to compensate the City for all towing fees, contractor fees, miscellaneous fees, and charges, then the City shall notify the owner of the real property from which the abated vehicle was towed, the amount of any outstanding balance due. The property owner shall have ten business days to appeal an assessment to the Municipal Judge upon the payment of a $20 fee. Within 30 calendar days from the date of the notice of assessment, or a decision by the Municipal Judge to uphold an assessment, the property owner shall pay the assessment or a lien shall be placed upon his or her real property which shall accrue 7% annual compound interest until paid in full.
(Ord. 665, passed 10-7-2020)