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(A) 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 a vehicle regulated by this subchapter. However, before entering upon private property, the Chief shall obtain the consent of an occupant or a warrant of the Municipal Court authorizing his or her entry for the purpose of inspection, except when an emergency exists.
(B) No search warrant shall be issued under the terms of this subchapter 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 subchapter 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.
(C) No person shall interfere with or attempt to prevent the Chief of Police from entering upon private premises and inspecting any vehicle when an emergency exists or the Chief exhibits a warrant authorizing entry.
(Prior Code, § 5.10.050) (Ord. 204, passed 12-2-1991; Ord. 304, passed 1-21-2003) Penalty, see § 91.99
(A) Following a request, the City Manager shall fix a time for a hearing to show cause why a vehicle should not be immediately abated. The City Manager shall receive the evidence and testimony of the Chief of Police and other interested persons concerning the existence, location and condition of the vehicle. After the hearing, the City Manager may authorize and order the vehicle removed by the city in accordance with provisions of this subchapter.
(B) The City Manager shall make his or her order in the form of a written order which declares the vehicle to be a public nuisance. The order may order the removal of more than one vehicle and may consolidate the hearings and orders relating to more than one vehicle. The persons receiving the notice specified in § 91.53 of this chapter shall be sent copies of the written order of the City Manager.
(C) The City Manager may impose conditions and take such other action as he or she considers appropriate under the circumstances in order to carry out the purposes of this subchapter. The City Manager may delay the time for removal of the vehicle when, in the City Manager’s opinion, the circumstances justify it. The City Manager shall refuse to order the removal of the vehicle when the vehicle, in the opinion of the City Manager, is not subject to the provisions of this subchapter. The City Manager shall not be bound by the technical rules of evidence in the conduct of the hearing.
(Prior Code, § 5.10.060) (Ord. 204, passed 12-2-1991; Ord. 304, passed 1-21-2003)
(A) Ten days after giving the notice required in § 91.53 of this chapter, or ten days after the issuance of an order declaring a vehicle to be a public nuisance as required in § 91.55 of this chapter, the city will be considered to have acquired 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 upon private property for the purpose of removing a vehicle under the provisions of this subchapter.
(B) After removing the vehicle, the city shall cause it to be appraised.
(Prior Code, § 5.10.070) (Ord. 204, passed 12-2-1991; Ord. 304, passed 1-21-2003) Penalty, see § 91.99
The procedures set forth in ORS 819.220 to 819.260 may be used for the sale of a vehicle which is appraised at $750 or less. Said statutes are adopted by this reference and made a part of this subchapter.
(Prior Code, § 5.10.080) (Ord. 204, passed 12-2-1991; Ord. 304, passed 1-21-2003)
(A) (1) If the vehicle is appraised at over $750, the Chief of Police shall publish in a newspaper of general circulation within the city a notice of sale. The notice of sale shall state:
(a) The sale is of a vehicle in the possession of the city;
(b) A description of the vehicle, including the type, make, license number, identification number and any other information which will aid in accurately identifying the vehicle;
(c) The terms of the sale; and
(d) The date, time and place of the sale.
(2) The notice of sale shall be published two times. The first publication shall be made not less than 14 days prior to the date of the proposed sale, and the second shall be made not less than seven days prior to the date of the proposed sale.
(B) (1) If a vehicle is appraised over $750, the Chief of Police shall hold a sale at the time and place appointed, within view of the vehicle to be sold.
(2) The vehicle shall be sold to the highest and best bidder. However, if no bids are entered, or those bids which are entered are less than the costs incurred by the city, the Chief of Police may enter a bid on behalf of the city in the amount equal to the costs.
(3) At the time of payment of the purchase price, the Chief of Police shall execute a certificate of sale, in duplicate, the original of which shall be delivered to the purchaser and a copy filed with the City Recorder.
(4) The certificate of sale shall be on a form provided by the City Recorder, and shall include the name and address of the purchaser, the date of sale, the consideration paid, a description of the vehicle and a stipulation that no warranty is made as to the condition or title of the vehicle.
(Prior Code, § 5.10.090) (Ord. 204, passed 12-2-1991; Ord. 304, passed 1-21-2003)
(A) A vehicle impounded under the provisions of this subchapter may be redeemed by its owner, or by the person who is in charge of the property from which the vehicle was removed, before a sale or disposition has taken place, by applying to the Police Department. The person shall:
(1) Submit evidence of ownership or interest in the vehicle, satisfactory to the Chief of Police, that the claim is rightful;
(2) Pay the costs owing at the time the application to redeem is made; and
(3) Give evidence that the nuisance character of the vehicle will not be resumed.
(B) Upon compliance with division (A) above, the Chief of Police shall execute a receipt and cause the vehicle to be returned.
(Prior Code, § 5.10.110) (Ord. 204, passed 12-2-1991; Ord. 304, passed 1-21-2003)
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