Ord 1617COUNCIL BILL N0. 446
ORDINANCE N0. 1617
AN ORDINANCE FOR THE IMPOUNDING AND DISPOSITION OF ABANDONED
VEHICLES; REPEALING ORDINANCES N0. 975 AND 1486.
THE PEOPLE OF THE CITY OF WOODBURN DO ORDAIN:
Section 1. Definitions. As used in this ordinance,
unless the context requires otherwise:
(1) "Abandoned" shall mean left unoccupied and unclaimed
in a damaged or dismantled condition upon the streets or alleys
of the City.
(2) "City" shall mean the City of Woodburn.
(3) "Costs" shall mean the expense of removing, storing
and selling an impounded vehicle.
(4} "Chief of Police" shall include any authorized law
enforcement 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 any person or property is or may be transported or drawn
upon a public highway, except devices moved by human power or
used exclusively upon stationary rails or trac3~s.
(7} "Private garage'° shall mean a reputable, private storage
yard, garage or other storage place selected by the Chief of Police.
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Ordinance No. 1617
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 48 hours 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 Motor Vehicles
Division 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.
(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 twenty-four (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 vehicle should not be removed by the
owner or removed and impounded by the City.
Section 3. Im ounding Nuisance.
(1} An abandoned vehicle which remains in the same position
for a period of twenty-four (24) hours 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 constitutes a nuisance under the provisions of
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Ordinance No. 1617
this ordinance, store the vehicle upon City property, or store
the same in a private garage and dispose of it pursuant to the
provisions of this ordinance,
(3) After the impoundment, the Chief of Police shall
cause the vehicle to be appraised.
Section 4. Notice of Impoundment and Sale. If the
owner is identified, he shall be notified immediately by registered
or certified mail that such vehicle is held by the Police Depart-
ment 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
thirty (30) days from the day of mailing the notice and pays
all the costs, the vehicle will be sold.
Section 5. Low Value Vehicle,
(1} If the vehicle is appraised at $300.00 or less and
the owner is identified, the Chief of Police shall file with the
Motor Vehicles Division an~affidavit describing the vehicle,
including the license 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 dismantle the vehicle has been
sent with notification of the location of the vehicle to the
owner.
(2} Failure of the owner to reclaim the vehicle within
thirty (30) days after the date notification is mailed shall
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Ordinance No. 1617
constitute a waiver of his interest in the vehicle.
{3} Upon completion and forwarding of the affidavit and
expiration of the time period stated in Sebsection (2), the
Chief of Police may, without notice and without 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
No. 1617, entitled
Disposition of Aba:
of ,
for the sum of $_
personal property,
that under the provisions of Ordinance
"An Ordinance for the Impounding and
ndoned Vehicles," I did on the day
19 , sell to
cash, the following-described
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
19
Note: The City of Woodburn 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 6. Public Sale Notice.
(1} If the vehicle is appraised over $300.00 and if no
claim is made by the owner within the time specified by
Section 4 {4), of this ordinance, or if the vehicle is valued
under $300.00 but the owner cannot be identified after compliance
with Section 2, the Chief of Police shall cause to be posted
a notice of sale. The notice of sale shall state:
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Ordinance No. 1617
(a} The sale is of abandoned property in the City's
possession.
(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) Terms of the sale.
(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 fifteen (15) days
prior to the date of the proposed sale, and the second shall be
made not less than eight (S) days prior to the date of the
proposed sale.
Section 7. Public Sale.
(1) If no claim has been made to redeem an impounded vehicle
appraised over $300.00 or appraised under $300.00 but the owner
cannot be identified before the time set for the sale of such
vehicle, 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; 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 sale, in duplicate,
the original of which shall be delivered to the purchaser and
the copy thereof filed with the City Recorder.
(4) The certificate of sale shall be substantially as
follows:
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Ordinance No. 1617
CERTIFICATE OF SALE
This is to certify that under the provisions of Ordinance
No. 1 6 17 ,entitled "An Ordinance 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 ~ for the sum of $
cash, he being the highest and best bidder, and that being
the highest and best sum bid therefor, the following-described
personal property, to wit:
(brief description of the propertY7
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
19
Note: The City of Woodburn 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. 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:
(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 (l~ of this section,
the Chief of Police shall execute a receipt for the owner and
cause the vehicle to be returned to him.
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Ordinance No. 1617
Section 9. Sale and Proceeds.
(1} Upon consummation of a sale, 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,
then for such services as may be rendered by a private
garage; and
(b} The balance, if any, shall be transferred to the
City Recorder to be credited to the general fund.
Section 10. Ap~.lication. This ordinance shall apply
to all abandoned vehicles now in the City's possession as well
as to abandoned vehicles that are hereafter impounded.
Section 11. Char~esT In the enforcement and execution
of the provisions of this ordinance, the Chief of Police shall
charge and collect such fees as the Council may establish for
necessary services rendered in such cases.
Section 12. Private Garages. When a private garage
is utilized, the Council shall also establish reasonable fees
for such services by motion, with the following conditions:
(1} The city shall not be liable for services rendered
by a private garage from any funds other than such amounts as
may be collected from the owner on redemption or from a purchaser
upon sale, after the City has deducted its expenses, unless the
City is the purchaser of the vehicle.
(2} No lien shall be created by this ordinance in favor
of the private garage upon the vehicle for such services.
(3} The vehicle shall not be released from the private
garage except upon a receipt signed by the Chief of Police,
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Ordinance No. 1617
proffered by the purchaser.
Section 13. Repeal. Ordinance No. 975r enacted
January 4, 19'55, as amended by Ordinance No. 1486, enacted
September 4, 1975, is repealed.
~ k~.
APPROVED ~ F,
~ ~,
STANLEY C. SS, Mayor
Passed by the Council June 13, 1978
Submitted to the Mayor
Approved by the Mayor
Filed in the office of the Recorder
,-~
ATTEST /~;~~~
Barney 0. ur i , Recorder
City of Woodburn, Oregon
June 13, 1978
June 14, 1978
June 14, 1978
i~
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Ordinance No. 1617
I, BARNEY 0. BURRIS, Recorder of the City of Woodburn, do
hereby certify that I caused to be posted three copies of
Ordinance No. 1617, one of which said copies posted in the
City Hall on the bulletin board adjacent to the entrance to
the Recorder's Office, in full view of the traveling public;
a second one of said copies posted on the Woodburn Public
Library bulletin board at 280 Garfield Street, in full view
of the traveling public; a third one of said copies posted on
the Community Center bulletin board at 491 N. Third Street,
in full view of the traveling public; that all of said places
are public places within the corporate limits of the City
of Woodburn and all of said copies were posted on the
day of June , 1978.
..~,~
Ba ney 0. ur is, Recorder
City of Woodburn, Oregon