Ordinance No. 73-24 CITY OF TIGARD, OREGON
ORDINANCE No.73- n
AN ORDINANCE PROVIDING FOR THE IMPOUNDING AND DISPOSITION OF
ABANDONED VEHICLES, FIXING CHARGES, REPEALING Ordinance No.69-74 AS
AMENDED BY Ordinance No.70-30, FIXING EFFECTIVE DATE AND DECLARING
AN EMERGENCY.
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" shall mean the City of Tiglyd.
(3) "Costs" shall mean the expense of removing, storing,
and selling an impounded vehicle.
(4) "Chief of Police" includes any authorized law enforce-
ment officer of the City.
(5) "Owner" shall mean any individual, firm, corporation or
unincorporated association with a claim, either individually or
jointly, of ownership or any interest, legal or equitable, in a
vehicle.
(6) "Vehicle" shall mean every device in, upon, or by which
propertyany person or is or mpy be
d or drawn upon
highway, except devicesused exclusively supon estationary railsaorublic
tracks.
Section' ?: 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 diligent inquiry as to the name and address of
the owner of the vehicle by examining such vehicle for
license number, I.D. Number, make, style and any other
information which will aid in the identification of the
ownership of the vehicle, and transmitting all available
information pertaining to such vehicle to the Department
of Motor Vehicles of this state with an inquiry for the
name and address of the owner, whenever such vehicle is
required by law to be registered with that office.
Page 1 - ORDINANCE No.73-
(Abandoned Vehicles
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(c) If the owner is not identified, to place a
noLtee upon the windshield, or some other part of the
vehicle easily seen by the passing public.
(2) Thi ,..:rice 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:
(a) The owner removes the vehicle; or
(b) Good cause is shown, satisfactory to the chief
of police, why such w>hicle 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 the police department to remove
a vehicle which sha11 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: Possessory Lien for Towing Charges:
Any person who, at the request of a police officer, tows an
abandonedvehiclefrom 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 owner is idents-
ed, he sha 1 be not sed immediately by registered or
certified mail that such vjhicle 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 unless 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.
Section 6: Appraisals of Abandoned Vehicles: Appraisals of aban
doned ve c es required by 83.384 shall be made only
by individuals possessing valid permits to perform such appraisals
issued by the Department of Motor Vehicles.
Section 7: Lox 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
Motor vehicles an affidavit describing the vehicle , including the
Page 2 ORDINANCE No.73-
(Abandoned Vehic s
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license plates, if any, stating the location and appraised value of
the vehicle, and stating that the vehicle will be junked or dis-
mantled. The chief of police shall state that notice of intent to
junk or dismantle the vehicle has been sent with notification of the
{
.1coation of the vehicle to the owner.
(2) Failure 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 expir-
ation 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 underthe provisions of Ordinance
No.73- entitled "An Ordinance Providing for the
Impound ng and Disposition of Abandoned Vehicles", I did
on the day of _, 19 , sell to
for the sum —
cas , the of ow ng descr bed personal prop-
erty, to-wit:
(Brief description of property)
And in consideration of the payment of the said sum of
$ , receipt whereof is hereby acknowledged,
Z ave t s day delivered to said purchaser the fore-
going property.
Dated this day of , 19^
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 purchase price.
Section 8: Public Sale Notice:
(1) If thevehicle is appraised over $100., and if no claim
is made by the owner within the time specified by Section at of
but
this ordinance, or if the vehicle is valued under $100., the owner
cannot be identified after compliance with Section 2, the Chief of
police shall..cause to be published in a newspaper of general circu-
lation within the City, a notice of sale which shall state:
(a) The sale is of abandoned property in the
City'spossession.
�. (b) A description of the vehicle, including the
type, make, license 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.
Page 3 - ORDINANCE No.73-
(Abandoned VEhic s)
(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 ':o redeem an impounded
vehicle appraised over $100., or appraised under $100. but the owner
cannot be identified before the time set for the gale of such vehicle,
the chief of poli^e 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 to the highest and best bidder,
providing that if no bids are entered, or those bids which arc 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 o::' payment of the purchase price, the chief of
police shall execute a certificate of sale, in triplicate, the orifi-
iml of which shall be delivered to the purchaser, a copy thereof filed
with the City Recorder of the City, and a copy shall be transmitted to
the Department of .Motor Vehicles of the State of Oregon.
(4) The certificate of sale shall be substantially as follows:
CERTIFICATE OF SALE
This is to certify that under the provisions of
Ordinance No.73- 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_,3 sell at public auction to
for the sum o -
casri, he being the i�hest and best bidder. an that
being the highest and best sum bid therefor, the fol-
lowing 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 acknow-
ledged,-r H—ave-This day delivered to said purchaser the
foregoing property.
Dated this day of 19—
Note: The City of Tigard assumes no responsibility as
to the condition of title of the above described prop-
erty. In case this sale shall for any reason be invalid,
the liability of the City is limited to the return of
the purchase price. l
Section 10: Redemption Before Sale:
(1) An owner may redeem a vehicle impounded under the provi-
sions of this ordinance, before a sale or disposition has taken place,
by applying to the police department, whereupon he shall:
Page 4 - ORDINANCE N0.73-
(Abandoned Vehics
(a) Submit evidence of his ownership or interest
in the vehicle, satisfactory to the chief of
police, that such claim is rightful, 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:
(1) 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 payment of costs incurred by the City, and
(b) The balance, if any, shal be transferred to
the City Recorder, to be c..edited to the
general fund of the City.
Section 12: Application: This ordinance shall apply to all aban-
done ve eles now in the possession of the City, as
well as to abandoned vehicles that are hereafter impounded.
Section 13: Charges: In the enforcement and execution of the pro-
visions
ro-
v s ons of this ordinance, the chief of police shall
collect all reasonable charges incurred by the City, including towing
charges as well as storage charges for not to exceed 30 days.
Section 14; Approved Forms: The following designated forms and title
as erTi enafter set forth, be, and the same are, hereby
approved and authorized to be used in connection with the implementa-
tion of the foregoing ordinance:
(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.
Section l5: Claim of Owner to Proceeds: At any time within two (2)
years after the sae o t e vehicle, as hereinabove pro-
vided, the former owner ofthevehicle may recover the proceeds of
the :sale, as deposited 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. 73-
(Abandoned Vehicles
,
Section 16: Repealer: That Ordinance No.69-74 entitled "An Ordinance
Prov ng for the Impounding and Disposition of Abandoned
Vehicles, and Repealing Chapter VII of Ordinance Nc.66-20 (Motor
Vehicle Code of the City of Tigard" , as amended by Ordinance No.70r3o,
be, and the same is, hereby repealed effective with the effective date
of this ordinance,
Section 17: Ap licability of Ordinance to
' , Motorcycles
—orcycles
Tricycles, nclu �nll oweBicyopowered
'�eh cles:
It is the intent and purpose of this ordinance that the tore-
going requirements and proceu.ures shall apply eg1tally 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 18: Inasmuch as OrdinanceNo.69-711 covered the same subject
matter as herein set forth and wac not codified as part
of the TIOARD MUNICIPAL CODE, and thereby doubt was cast upon its
continued effectiveness, and it is necessary for the peace, health and
safety of the people of the City of Tigard that any confusion with
respect thereto be immediately overcome to provide for the orderly,
lawful and proper disposition of abandoned vehicles, an emergency is
hereby declared to exist, and this ordinance shall become effective
upon its passage by the Council and approval by the Mayor.
PASSED: By unanimous vote of all Council members present, after
being read three timss by number and title only,
this A7'Ytt day of August, 1973.
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APPROVED: By the Mayor, this ?.10L day of August; 1973.
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Page' 6 - ORDINANCE No,73-aj
(Abandoned Vehicl s
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(a) NOTICE TO REMOVE VE$IOLE FROM PUBLIC STREET
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 mor: than days and which appear to have
been abandoned. Vehicles which are abandoned on the streets consti-
tute a nuisance and a potential traffic hazard. This vehicle has
been observed by officers if the police department in the same posi-
tion for over days and an investigation has failed to disclose
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- '1.1 unless the
owner removes this vehicle from this location or notifies the police
department that the vehicle has not been abandoned. Failure to remove
the vehicle or to notify the police department within hours
is held by the ordinance to indicate that the vehicle s an abandoned
vehicle to be impounded by the police department for disposition
as provided by the ordinance.
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(b) APPRAISAL OF ABANDONED VEHICLE.
Date
' Make
Year ode
License Number
I. D. Number -
INSTRUCTIONS
(Complete in duplicate. Original. to DMV with license plates copy to
be retained by appraiser. Check one box on each of the following.)
EQUIPMENT ' PRESENT ' MISSING
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Wheels '
Tires ,
----r --
Transmission '
Motor ,
Drive :Line ,
Fenderes e
a
' Glass
Radiator '
Lights '- —
General Condition ' Estimated Value
Good /7 Fair Poor /-7
Is Vehicle Operable? `
Yes No
LOCATION OF VEHICLE _
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., ppra ser ..
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AGENCY
(o) NOTICE OF INTENT TO DISPOSE OF VEHICLE
TO WHOM IT MAY CONCERN:
The purpose of this letter is to inform you that this
office has taken possession of one , 0
year a e
mo a -D number Tlicense number)
This vehicle has been deemed abandoned.
If you have not within days after this notification
is mailed, reclaimed the vehicle Zia paTd the cost estimated below,
such action shall constitute a waiver of your interest, and I will
dispose of the vehicle and execute a certificate of sale.
Charges owed as of 19
Towing $ Storage $ Other
Total $
Future charges:
StoraCe charges will be $ per day for each day
after , 10
Dated this day of , 10 . at
Oregon.
c ty
By
Officer
This 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 , 19 , at
a.m.
(Describe the vehi0i.e or vehicles to be sold, e.g.: "1958 Ford.
Two aoor blue coupe. Running condition. I.U. No. o6681. 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 costs incurred by the city in impounding the vehicle. The
city assumes 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.
B Order of
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(e) ABANDONED VEHICLE AFFIDAVIT
i
Date
4 y Owner: (includes mort a ee or an erson with interest in the vehicle) i
record name and address f found, or simply unknown ;
(also record the date notice sent if found)
Year Make Model Color ,w
License No. I.D. Number
} - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - i
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Notice of intended removal posted _� Officer
Removed Notification from owner
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Towed from by
Stored at Date
Claimed Costs to date
Costs paid Received by
Notice published --
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Sale Purohased by
Amount paid Received oy —
4
For computing costs: "'owing $ Storage at $ 1
N,
per "ay for each day. Other costs
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CITY OF TIGARD, OREGON
ORDINANCE No. 73 - ti
AN ORDINANCE CONFIRMING AND RATIFYING THE RESOL"—ION OF THE CITY COUNCIL OF
AUGUST 13, 1973 WITH RESPECT TO THE "STREET.IMPROVEMENT DISTRICT No. 1,20.1
(S.W. 115TH AVENUEi.", APPROVING, RATIFYING AND ADOPTING PLANS, SPECIFICATIONS
AND ESTIMATES FOR STREET IMPROVEMENTS, DECLARING RESULTS OF HEARING HELD WITH
RESPECT THERETO, DIRECTING SOLICITATION OF BIDS FOR CONSTRUCTION OF SAID IMPROVEEiENTS,
PROVIDING FOR THE MAKING OF SAID IMPROVEMENTS AND DECLARING AN EMERGENCY.
THE CITY OF TIGARD ORDAINS AS FOLLOWS%
E4etiio„n it The Council of the City of Tigard finds that a resolution was duly
passed by the Council at its regular meeting of August 13, 1973, a
copy whereof is hereto attached and by this reference made a part hereof to the
same legal force and effect as if set forth herein in full, by the terms of Which
the boundaries of a proposed street improvement assessment district were described
and the Council declared its intention to make the improvements as therein described;
and by the terms of said resolution a hearing was duly called to be held in the
administration office of Charles F. Tigard Grade School, 13137 S.W. Pacific Highway,
is Tigard, Oregon, on August 27, 1973 at the hour of StOO P.M., for the purpose of
affording an opportunity to any parties aggrieved by the proposal to make objections
or remonstrances to the proposed improvement.
Section 2: The Council finds that pursuant to said resolution, due and legal
notice of said hearing was given by pubLication in the Tigard Times
for two consecutive publishings on August 16 A 21, 1973 prior to said hearing.
Section 3t The Council further finds that said hearing was duty and regularly called
to order and held in the Administration Offices of Charles F. Tigard
r Grade School, 13137 S.W. Pacific Highway, Tigard,Oregou on August 27, 1973 at the
'p6°ars of 8t00 P.M. whereat all interested persons appeared.and were heard, and al
prritten restosstrances received by the City Recorder up to and at the time of the
#earitx$ were read and ordered to be made a part of the record.
SG ttton 4: The Council finds that all objections and remonstrances as thus presented
prior'to aadiaishe hearing, represent less than 66 2/3% of the owners
of the property in the area within the improvement assessment district and that the
pek-eutage of remonstrance is not a bar to further proceedings in the making of said
improvements; and the Council further finds that all proceedings to date have been
in conformity with Sections 223.387 and 223.389 Oregon Revised Statutes and Tigard
Municipal Code - Title 13 of the City of Tigard, and that all proceedings were
duly and regularly conducted thereunder and are hereby approved, ratified and
confirmed.
Section 5t .That said remonstrances and objections to the proposed improvements be,
and the same are hereby, overruled, and the City Council be, and it is
hereby, deemed to have acquired jurisdiction to order the proposed improvements to
be made, and that the boundaries as described in said Resolution of August 13, 1973
and as described on "Exhibit:A" hereto attached and by this recrence made a part
hereof, are hereby adopted and fixed as the boundaries of the said improvement
assessment district to be,benefited and assessed.
Section 6% That the City Council, having acquired jurisdiction to order the
improvements to be made,does hereby authorize and direct the
construction of improvement within the boundaries of said "Street Improvement
District No. 1.20.1 (S.W. 115th Avenue)" in conformity in all reasonable
particulars with the plans and specifications by said Resolution adopted and hereby
ratified and confirmed, with the following exceptions if Buys
�....... ...
Section 7s That the City Administrator and the City Engineer be, and they are
hereby, directed to immediately invite proposals for the construction
of said improvements by publication in the Tigard Times in not less than rsro prior
consecutive iasuaa. The i973 Atrst thehourioftion 2a00tP.Me,not whichsdateaandetime0isdhereby
to gn aed fo _„_
designated for the opening of bide in the Tigard City Hall, 12420 S.W. Main Street,
' E Tigard, Oregon, all proposals CO be then and there publicly read.
Section 8: Inasmuch as it is necessary to the peace, health and safety of the
- people of the City of Tigard that the said improvements be constructed
with the least possible delay, an emergency is hereby declared to exist and this
ts passage by the Council and signature by the
ordinance shall be effective upon i
Mayor.
PASSED: By the Council, by unanimous vete of all Council members present, after
being read three times by title and number this 21 day of Aug.
1973.
City Recorder 'igard
APPROVED: By the Mayor this 27 day of August
1973.
Mayor - ity of T rd
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PAGE 2 ORDINANCE No. 73 ng
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EXHIBIT "A"
That portion of land in Section 3, Township 2 South, Range 1 West,
Willamette Meridian, Washington County, Oregon, being more particularly
�. described as follows:
Beginning at the initial point of Woodcrest No. 2, a subdivision of
record in said County; running thence North 300 30' 00" East a distance
of 510.0 feet to the Northerly most corner of that tract of land under
contract to F. E. Trueax as recorded in Book 729, Page 62, Deed Records
of said County; thence South 750 02' 20" East, along the North line of
the said Trueax tract of land and along an Easterly extension thereof,
a distance of 271.0 feet, more or less, to a point on the centerline
of County Road No. 35B (40 foot wide S.W. 115th Avenue); thence East
a distance of 20.0 feet to a point in the East right-of-way boundary
line of said County Road No. 358; said point on the East right-of-way
boundary line of said County Road No. 358 being North 130.0 feet from
the Southwest corner of that tract of land conveyed to Edwards Industries
Inc. as recorded in Book 789, Page 174, Deed Records of said County;
thence East, parallel with the South boundary of said Edwards tract of
land, a distance of 1210.0 feet, more or less, to a point- on the West
boundary line of Lot 1 of Block 2 of Mira Park, a subdivision of record
in said County; thence South 000 38' 12" West a distance of 53.0 feet,
more or less, to the most Northerly Northeast corner of Lot 2 of Block
2 of said Mira Park subdivision; t-hence North 890 21' 48" West a
distance of 95.0 feet; thence South 000 38' 12" West a distance of
170.0 feet; thence South 890 21' 48" East a distance of 50.0 feet;
thence South 000 38' 12" West a distance of 561.31 feet, thence South
890-53' 04 West a distance of 1059.36 feet; thence South 000 35' 00"
4. West a distance of 155.64 feet; thence continuing South 000 35' 00"
West. crossing S.W. Fairhaven Street, a distance of 50.0 feet; thence
North 890 54' 00" East a distance of 27.50 feet; thence South 000 35' 00"
West a distance of 242.0 feet; thence South 890 54' 55" West a distance
of 124,0 feet; thence South 000 33' 00" West a distance of 18.24 feet;
thence Korth 890 23' 00" West, crossing S.W. 115th Avenue, a distance
of 50.0,feet; thence continuing North 890 23' 00" West a distance of
993.8 feet; thence North 300 31' 0011 East a distance of 539.8 feet;
thence South 890 23' 00" East'a distance of 383.9 feet to the Southwest
corner of that tract of land conveyed to Donald L. Osborne, et ux, by
deed, recorded in Book 725, Page 38, Deed Records,of said County, said
corner being in the center of a creek; thence Northeasterly along the
West line of said Osborne Tract, following the meandering line thereof,
a distance of 275 feet, more or less, to the Southwest corner of that
tract of land conveyed to Robert G. Pape, et ux, by deed, recorded
in Book 559, Page 346, Deed Records of said County; thence North 890
23' 00" West a distance of 21.0 feet; thence Northwesterly a distance
of 295 feet, more or less, to the point of beginning of this description.
Containing 37.5 acres more or less.
S.W. 115th Avenue
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