(A) No person owning an inoperable vehicle that is located on private property owned or controlled by that same person shall allow that vehicle to be exposed to public view for longer than is reasonably necessary to repair or dispose of it, and in no event longer than 30 days unless it is in connection with a business dealing with junk vehicles lawfully conducted within the city.
(B) The term INOPERABLE VEHICLE, as used in this section, means a vehicle capable of being towed that:
(1) Has been located for more than 30 days on private property owned or controlled by the person with legal title to the vehicle;
(2) Has been extensively damaged, including, but not limited to, a broken window or windshield, missing wheels, tires, motor, or transmission;
(3) For the purpose of this section, a showing that the vehicle, if operated on a public highway or highway right-of-way of the state, would be in violation of three or more of the provisions of O.R.S. Chapters 815 and 816, is indirect evidence that the vehicle is inoperable;
(4) For the purpose of this section, an INOPERABLE VEHICLE shall not be considered exposed to public view if the vehicle is entirely covered;
(5) Tagging of an inoperable vehicle shall be done in the same manner as for disabled, abandoned, and stolen cars as provided in division (D) below. Such tag shall constitute posting of notice of the purpose of abatement under § 90.45 herein. Only the owner of an INOPERABLE VEHICLE, as defined in this section, is entitled to the abatement notice and appeal procedure set forth in §§ 90.45 and 90.46 herein with respect to any violation of this section; and
(6) Not more than two covered inoperable vehicle may be located on private property owned or controlled by the person owning the vehicle, unless the owner has applied for, and been granted by the Council, an exception for a “classic” vehicle. For the purposes of this section, such classic vehicle shall be at least 20 years old and have significant intrinsic value over and above its salvage value. The Council’s decision may be made in conjunction with any protest to abatement. The decision by the Council regarding a vehicle shall be final. If the decision is not in favor of the appellant, the vehicle in question shall be deemed “disabled” ten days after the decision. A vehicle registered with the Department of Motor Vehicles as an antique vehicle shall be deemed to be a classic vehicle for the purpose of this section. Not more than two covered classic vehicles may be stored on private property owned by the person owning the vehicles, unless such vehicles are stored in an area designated for classic vehicle storage after appropriate land use proceedings and public hearings. Any inoperable or classic vehicle, covered or uncovered, exceeding the number allowed under this section shall be deemed disabled.
(C) For the purpose of this section, a vehicle that would otherwise be defined as inoperable, except that legal ownership cannot be established by the person owning or controlling the private property where it is located shall be deemed a “disabled” vehicle subject to the provisions of O.R.S. Chapter 819 and division (D) below.
(D) It shall be unlawful for a disabled, abandoned, or stolen vehicle to remain located on public or private property within city limits for more than 24 hours. Disabled, abandoned, and stolen vehicles on public or private property may be tagged and towed after 24 hours by the Chief of Police pursuant to the provisions of O.R.S. Chapter 819, subject to the policies adopted by resolution of the Council, as may be amended from time to time. The hearing and appeal procedures contained in O.R.S. Chapter 819 and those policies shall be the only appeal procedures available for this violation. The abatement procedures in §§ 90.46 and 90.47 herein shall not apply to disabled, abandoned, and stolen vehicles. Disabled vehicles shall be garaged or removed outside the city limits within 24 hours; changing the location of a disabled vehicle inside city limits shall not prevent the towing of such vehicle unless garaged. Any vehicle that has been tagged two previous times within the same 14-day period may be tagged and towed immediately upon the third violation in such 14-day period.
(E) No person shall store partial vehicles, engines, transmissions, wheels, tires, or other parts of vehicles on private property exposed to public view, whether or not covered. Such items located on public property, public streets, or public rights-of-way, whether or not developed or improved, may be abated by the city ten days after an abatement notice is posted. Items of trash, junk, or other debris that are not vehicle parts may be abated from such public property five days after an abatement notice is posted. However, any items on such public property that constitute an immediate health or safety hazard may be summarily abated pursuant to § 90.49 herein, including partial vehicles and vehicle parts.
(Prior Code, § 90.01) (Ord. 06-512, passed 7-5-2006; Ord. 07-516, passed 7-2-2007; Ord. 08-519, passed 5-12-2008)