Ordinance No. 69-74 CITY OF TIGARD, OREGON
ORDINANCE No.69- y°
AN ORDINANCE PROVIDING FOR THE IMPOUNDING AWD DISPOSITION
OF ABANDONED VEHICLES, AND REPEALING CHAPTER VTI OF ORDINANCE No.
66-20 (Motor Vehicle Code of the City of Tigard).
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
Section 1: Definitions: As used in this ordinance, unless the
context requires otherwise:
(1) "Abandoned" shall mean left unoccupied and unclaimed
or in a damaged or dismantled condition upon the streets or alleys
of the City of Tigard.
(2) "City" shah mean the City of TIGARD.
(3) "Costs" shall. mean the expense of removing, storing,
and selling an impounded vehicle.
(16) "Chief of Police" includes any authorized law enforce-
me-it officer of the City.
(5) "Owner" shall mean any individual, firm, corporation, or
unincorporated aseocia.tion with a claim, either individually or
jointly, of ownership or any interest, legal or equitable, in a
vehicle.
(6) "'lehicle" shall mean every device in, upon, or by which
any person or property is or may be transported ur drawn upon a
public highway, except devices used exclusively upon stationary rails
c.r tracks.
Section 2: Notice of Nuisance:
(1) It shall be the duty of the police department, whenever
a vehicle is found abandoned upon the streets or alleys in the same
position for a period of two (2) days, to:
(a) Make a routine investigation to discover the
owner and request removal of the vehicle, or
(b) Failing to discover the owner by such a process,
to make a 3illgent inquiry as to the name and address of
the owner of the vehicle by examining such vehicle for
license number, I.D. namber, make, style and any other
information which will aid in the identification of the
ownershj.p of the vehicle, and transmitting all available
r information pertaining to such vehicle to the Department
of Motor Vehicles of this state with an inquiry for the w
name and address of the owner, whenever such vehicle Is 4-
required by law to be registered with that office.
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(c) If the owner is not identified, to place a
notice upon the windshield, or some other part of the
vehicle easily seen by the passing public.
(2) The notice shall state that the police department will
remove and impound the vehicle under the provisions of this ordinance,
24 hours after the time of the posting, unless:
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(a) The owner removes the vehicle; or
(b) Good cause is shown, satisfactory to the chief
of police, why such vehicle should not be removed by the
owner or removed and impounded by the City.
Section 3: Impounding Nuisance:
(1) An abandoned vehicle which remains in the same position
for a period of five (5) days after an owner has been requested to
remove it or after a notice to remove has been posted upon the vehicle,
and no person has appeared to show good cause why the vehicle should
not be moved, shall constitute a nuisance.
(2) It shall be the duty of "he police department to remove
a vehicle which shall constitute a nuisance, under the provisions of
this ordinance, store the vehicle upon city property, and dispose of
it pursuant to the provisions of this ordinance.
(3) After impoundment, the chief of police shall cause the
vehicle to be appraised.
Section 4: Possessor�v lien for towing charges:
Any person who, at the request of a police officer, tows
an abandoned vehicle from public or private property, shall have a
lien on the vehicle in accordance with ORS 87.500 to 87.515 for the
just and reasonable charges for the towing service performed, and may
_retain possession of the vehicle until such charges are paid.
Section 5: Notice of Impoundment and Sale: If the Dimer is identi-
fied, he shall be notified immediately by registered or
certified mail that such vehicle is held by the police department of
the City. The notice to the owner shall also state:
(1) The reason for impounding the vehicle.
(2) The existing costs charged against the vehicle.
(3) An estimate of future costs, including the cost of
advertising the vehicle for sale.
(4) That =lass the owner redeems the vehicle, within
15 days from the day of mailing the notice and pays
all the costs, the vehicle will be sold.
r Section 6: AA raisals of abandoned vehicles: Appraisals of aban-
,<. doned vehicles required by ORS 83.384 shall be made
only by individuals possessing valid permits to perform such appraisals
issued by the Department of Motor Vehicles,
section 7- Low Value Vehicle
(1') If the vehicle is appraised at $100. or less and the owner
. is identified, the chief of police shall file with the Department of
� iotar Vehicles an affidavit describing the vehicle, including the
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!_cense plates, if any, stating the location and appraised value of
the vehicle, and stating that the vehicle will be ,junked or dismantled.
The chief of police shall state that notice of intent to junk or dis-
mantle the vehicle has been sent with notification ofthe location of
the vehicle to the owner.
(2) T'ailure of the owner to reclaim the vehicle within 15
days after the date notification, is mailed, shall constitute a waiver
of his interest in the vehicle.
(3) Upon completion and forwarding of the affidavit and ex-
piration of the time period stated in subsection (2), the chief of
police may, without notice and public auction, dispose of the vehicle
and execute a certificate of sale.
(4) The certificate of sale shall be substantially as follows:
CERTIFICATE OF SALE
This is to certify that under the provisions of Ordinance
No.69- entitled "An Ordinance Providing for the
Impounding and Disposition of Abandoned Vehicle", I did
on the day of , 19 , sell to
for the sum of $
cash, the following described personal property, to-wit?
(brief description of the property)
And in consideration of the payment of the said sum of
$ receipt whereof is hereby acknowledged, I have
this day delivered to said purchaser the foregoing property.
Dated this day of w , 196_
Note: The City of Tigard assumes no responsibility as to
the condition of title of the above described property.
In case this sale shall for any reason be invalid, the
liability of the City is limited to the return of the pur-
chase price.
Section 8: Public Sale Notice:
(1) If the vehicle is appraised over $100. and if no claim is
made by the owner within the time specified by Section 5(4) of this
ordinance, or if the vehicle is valued under $100., but the owner
cannot be identified after compliance with Section 2, the chief of
police shall cause to be published in a newspaper of general circula-
tion within the City a notice of sale. The notice of sale shall state:
(a) The sale is of abandoned property in the
City's possession.
(b) A description of the vehicle, including the
type, make, licence number, I.D. number, and
any other information which will aid in
accurately identifying the vehicle.
(c) The terms of the sale.
(d) The date, time and place of the sale.
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(2) The notice of sale shall be published two times the
first publication shall be made not less than ten (10) days prior to
the date of the proposed sale, and the second shall be made not less
than three (3) days prior to the date of the proposed sale.
Section 9: Public Sale:
(1) If no claim shall have been made to redeem an impounded
vehicle appraised over $100., or appraised under $100. but the owner
cannot be identified before the time set for the saws: of such vehicle,
the chief of police shall hold a sale at the time and place appointed
within the view of the vehicle to be sold.
(2) The vehicle shall be sold --o the highest and best bidder,
providing that 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 an amount equal to such costs.
(3) At the time of payment of the purchase price, the chief of
police shall execute a certificate of salmi in duplicate th2 i-i--
�+, duplicate,vt., original
of which shall be delivered to the purchaser, and the copy thereof
Piled with the City Recorder of the City.
(4) The certificate of sale shall be substantially as follows:
CERTIFICATE OF SALE
This is to certify that under the provisions of Ordinance
No.69- entitled, "An Ordinance Providing for the
Impounding and Disposition of Abandoned VEhicles", and
pursuant to due notice of the time and place of sale,
I did on the _day of , 19_, sell at public
auction to , fm the sum of
$ cas ,, hs —e being the hiihest and best bidder,
and tha being the highest and best sum bid therefor,
the following described personal property,to-wit:
(brief description of the property)
And in consideration of the payment of the said sum of
$ , receipt whereof is hereby acknowledged, I have
t iF s day delivered to said purchaser the foregoing
i property.
Dated this day of _ , 19
Not;:: The City of Tigard assumes no responsibility as to
the condition of title of the above described property.
in case this sale shall for any reason be invalid, the
liability of the City is limited to the return of the
purchase price.
Section 10. Redemption Before Sale:
(1), An owner may redeem a vehicle impounded under the provisions
of this ordinance, before a sale or disposition has taken place, by
applying to the police department, whereupon he shall:
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(a) Submit evidence of his ownership or interest
in the vehicle, satisfactory to the chief of
police, that such claim is rir l-tful, and
(b) Pay the costs due and owing at the time the
application to redeem is made.
(2) Upon compliance with subsection (1) of this section, the
chief of police shall execute a receipt for the owner and cause the
vehicle to be returned to him.
Section 11: Sale and Proceeds:
(3.) Upon a sale being consummated, the chief of police shall
deliver the vehicle and the certificate of sale to the purchaser. The
sale and conveyance shall be without redemption.
(2) The proceeds of a sale shall be applied:
(a) To the payment of costs incurred by the City, and
(b) The balance, if an;;, shall be transferred to the
City Recorder of the City to be credited to the
general fund,
Section 12: Application: This ordinance shall apply to all abandoned
vehicles now in the possession of the City, as well as
to abandoned vehicles that are hereafter impounded.
Section 1 : Charges: In the enforcement and execution of the pro-
visions of this ordinance, and the chief of police shall
charge:.and collect ?d,"! for.,towing and
per day for storage.
Section 14: Apnroved forms: The following designated forms and titled
as hereinafter set forth, be and the same are hereby ap-
proved and authorized to be used in connection with the implementation
of the foregoing ordinances:
(a) Notice to remove vehicle from public street;
(b) Appraisal of abandoned vehicle;
(c) Notice of intent to dispose of vehicle;
(d) Notice of sale of abandoned vehicle;
(e) Abandoned vehicle affidavit.
The foregoing forms, a copy of each of them being hereto
attached, are hereby made a part hereof.
t Section 15: Claim of owner to proceeds, At any time within two years
after the sale of the vehicle, as hereinabove proviced, the
former owner of the vehicle may recover the proceeds of the sale, as de-
posited in the general fund of the City, pursuant to Section 11 hereof,
by;:filing?,a.-claim .with the City Recorder. Such claims shall be audited
in the same manner as other claims against the City.
Page 5 - ORDINANCE No. 69- 7q'
Section 16: Repealer: Chapter VII entitled"Abandoned Vehicles and
5lcycles, comprising Sections 1 to 7, inclusive of Ordi-
nance No. 66-20 (Motor Vehicle Code of the City of Tigard), be and the
same is hereby repealed effective the date of this ordinance.
Section 17: Applicabilit of Ordinance to Bicycles, MotorUcles, Tri-
cel.es, ncludi.ng all owered or Non-Powared 'Vehicles:
It is the intent and purpose of this ordinantha=t ece thaforegoing require-
ments and procedures shall apply equally to the extent applicable to
bicycles, motorcycles, tricycles, and each and every other type of vehicle,
motorized or otherwise, abandoned upon the streets of the City of Tigard.
Section 13: This ordinance shall become and be effective on and after
the 31st day from its passage by the Council and approval
by the Mayor.
PASSED: By the Council, by unanimous vote of all Council members
present, after being read three times by number amd title
only,
this day of October, 1969,
C
Recorder - Ci y of gard
APPROVED: By the Mayor, this _2Z7 day of October, 1969.
Mayor - City of TigpTM
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F (a) NOTICE TO REMOVE VEHICLE FROM PUBLIC STREET z.
Ordinance No. 69- 'Iq of the City of Tigard provides for the re-
moval of motor vehicles which have been left upon a city street in
the same position for more than days and which appear to have
been abandoned. Vehicles which ai•e abandoned on the streets consti-
tute a nuisance; and a potential traffic hazard. This vehicle hac
been observed by officers if the police department in the same posi-
tion for over days and an investigation has failed to dinclose
the ownership of the vehicle or the reason for its being parked for
this period of time.
The owner of this vehicle is hereby advised that this vehicle will
be removed from the street under Ordinance No. 69- '14 unless the
owner removes this vehicle from this location or nodes the police
department that the vehicle has not been abandoned. Failure to remove
r the vehicle or to notify the police department within hours
is held by the ordinance to indicate that the vehicle is an abandoned
vehicle to be impounded by the police department for disposition
as provided by the ordinance.
(b) APPRAISAL OF ABANDONED VEHICLE
Date
a
Make
Year Model
License Number --
I. D. Number
INSTRUCTIONS
(Complete in duplicate. Original to DMV with license plates copy to
be retained by a-11-vni 421• Check one box on each of the following.)
EQUIPDtENT ' PRESENT ' MISSING
Wheels .....
Tires
Transmission
,
Motor ,
Dris .Une -- - -
Fenders
Glass
Radiator'
Li hts
Estimated Value
General Condition ,
Good f7 Fair. Poor �
Is Vehicle Operable?7 �
Yes /fNo , —r�--
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LOCATION OF VEHICLE -
Signed PPraiser
AGENCY._,.......__.__._.~.
(c) NOTICE OF INTENT TO DISPOSE OF VEHICLE
<'
TO WHOM IT MAY -CONCERN:
' The purpose of this letter is to inform You that this E
F
office has taken possessicn of one
sr .Year Mae y
moa (I-D nLenber) -(1lcense number)
fi a
This vehicle has been deemed abandoned.
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If you have not within days after this notification
Is mailed, reclaimed the vehicle and paid the cost estimated below,
' s h act:iou shall constitute a waiver of your interest, and I will
+p i Sale. ,
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dispose of the vehicle and execute a certificate o_
Charges owed as of _. 19
Towing $
Storage $ Other $
x" Total $
a<
Future charges:
Storage charges will be $ per day for each day
after ' lO
15
Dated this __ day of __, 14 at
Oregon.
ty
"i. By
Officer
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Th.s number is not the motor number. It is commonly found on the
post on the left side of the car. It is sometimes referred to as
a serial number.
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(d) NOTICE OF SALE OF ABANDONED VEHICLE
The following described abandoned property in the possession of the
city of will be sold by the
at on _, 9 at
a.m.
(Describe the vehicle or vehicles to be sold, e.g.: "1955 Ford.
Two door blue coupe, Running condition. I.D. No. 666681. License
No. QUE 000, Oregon.")
This vehicle will be sold in accordance with Ordinance No. 69- 1 y
unless the owner redeems prior to sale. The property will be sold
in accordance with Ordinance No. 69- unless the owner redeems
prior to sale. The property will be sold-individually as itemized,
and to the highest and best bidder, unless such bids shall be less
than the cost's incurred by the city in impounding the vehicle. The
city assures no responsibility as to the condition of title of the
above described property, and if the sale is invalid for any reason,
the liability of the city will be limited to a return of the purchase
price.
By Order of
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(e) ABANDONED VEHICLE AFFIDAVIT
Date
Owner: (includes mortgagee or an erson with interest in the vehicle)
record name ana--address-if found, or simply unknown
(also record the date notice sent if found)
Year Make — Moder Color
License No. I.D. Number _
Notice of intended removal posted Officer
Removed Notification from owner. _
Towed from by
Stored at Date
Claimed Costs to date
Costs paid Received by
Notice published
Sale Purchased by
Amount paid Received by
For computing costs: Towing $ Storage at
per day for each day. Other costs $ f
s
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