Prior code:



            CANYONVILLE MUNICIPAL CODE

                  Chapter 8.24

          WRECKED OR ABANDONED VEHICLES


      8.24.010 Storage Regulations

      It shall be unlawful to park, store or
      leave or permit the parking, storing or
      leaving of any licensed or unlicensed
      motor vehicle of any kind for a period
      of time in excess of seventy-two hours
      which is in a rusted, wrecked, junked
      or partially dismantled or inoperative
      or abandoned condition, whether
      attended or not, upon any private
      property within the city, unless the
      same is completely enclosed within a
      building or unless it is in connection
      with a business enterprise properly
      operated in the appropriate business
      zone, pursuant to the zoning laws of
      the city.  (Ord 362. Sec. 1, 1982)


      8.24.020  Nuisance removal

      Any motor vehicle parked, stored, left
      or permitted to be parked, left or
      stored in violation of the provisions
      of Section 8.24.010 shall constitute
      rubbish and unsightly debris and a
      nuisance detrimental to the health,
      safety and welfare of the inhabitants
      of the city, and it shall be the duty
      of the registered owner or other
      owner of the private property or of the
      lessee or other person in possession of
      the private property upon which such
      vehicle is located, either to remove
      the same from the city or to have the
      same housed in a building where it will
      not be visible from the street or other
      private property.  (Ord. 362 Sec. 2,
      1982)


[the following sections of Chapter 8.24 were amended by Ordinance 547: 8.24.030 Duties of law enforcement officials 8.24.040 Hearing by council -- Notice to owner 8.24.050 Order to abate nuisance As well as several new sections with civil and criminal costs and penalties added. See Ordinance 547.]

ORDINANCE NO. 547

AN ORDINANCE ADDING TO AND AMENDING CHAPTER 8.04 AND 8.24 OF THE CANYONVILLE MUNICIPAL CODE RELATING TO WRECKED AND ABANDONED VEHICLES AND DECLARING AN EMERGENCY

WHEREAS, The Canyonville City Council, after conducting a public hearing, has concluded that certain additions and amendments to the Canyonville Municipal Code Section 8.04 and 8.24 regarding Wrecked or Abandoned Vehicles [sic]

NOW, THEREFORE, The City Council of the City of Canyonville ordains as follows:

1. Amendment. Section 8.04.120 B-5 of the Canyonville Municipal Code is hereby amended to read as follows: (deleted language is [bracketed italic], added language is underlined bold]:

8.04.120 B-5 ABATEMENT NOTICE

A statement of the owner or agent in charge of the property can contest the notice to abate by delivery to the [City Recorder] City Administrator/Recorder written notice of a request for hearing within [five] ten days from the date of the notice to abate.

2. Amendment. Section 8.24.030 of the Canyonville Municipal Code is hereby amended to read as follows (deleted language is [bracketed italic], added language is underlined bold]:

8.24.030 DUTIES OF [LAW ENFORCEMENT] CITY OFFICIALS

Whenever the [Mayor or the Public Works Superintendent] City Administrator/Recorder or any person charged with the duty of enforcing the ordinances of the city finds a vehicle or vehicles in the status made unlawful under Section 8.24.020 of this ordinance, on private property within the City of Canyonville, such person shall write an abatement notice for the removal of such vehicles(s).

3. Amendment. Section 8.24.040 of the Canyonville Municipal Code is hereby amended to read as follows (deleted language is [bracketed italic], added language is underlined bold):

8.24.040 HEARING BY COUNCIL - NOTICE TO OWNER

The City Council may thereupon set a time and place for hearings on the facts of the existence of status of such vehicles under Section 8.24.010 of this ordinance, or the existence of the nuisance of such vehicle under Section 8.24.020 of this ordinance, by resolution upon the setting of such hearing, and upon the setting of such time and place for such hearing the [City Recorder] City Administrator/Recorder shall give notice to the registered or other owner of such motor vehicle or vehicles, and the owner or other person or persons in possession of the subject private property involved in said finding, of the date and time of said hearing by notice thereof in writing by [registered] first class mail [or] and certified mail, deposited in the United States mails, postage prepaid, addressed to the last known address of any such persons not less than ten (10) days prior to the date of said hearing. Said notice shall, in addition to the foregoing, state that at said hearing of the City Council on the finding of the existence of the status of said vehicles or said nuisance as defined in Sections 8.24.010 or 8.24.020 of this ordinance on subject private property, may direct the owners of said vehicle, or the owners or persons in possession of subject real property, to abate such nuisance by such action as is necessary to remove said vehicle from the status of vehicles made unlawful under Section 8.24.010 of this ordinance, or as defined as a nuisance under Section 8.24.020 of this ordinance within twenty (20) days of the date of said finding. Said direction shall be given in manner provided for the giving of notice of said hearing, or for the want thereof may direct the City [law enforcement officers] officials to enter upon said private property and take and remove said vehicles, or any parts thereof, and dispose of the same as junk in the manner deemed to be in the best interest of the City of Canyonville by [the law enforcement officer] said City official. Said notice shall further state that any of the parties to whom said notice shall be given may appear and be heard as to why said action should not be taken by said City.

4. Amendment. Section 8.24.050 of the Canyonville Municipal Code is hereby amended to read as follows (deleted languages is [bracketed italic], added language is underlined bold):

8.24.050 ORDER TO ABATE NUISANCE

At said hearing if City Council shall find a vehicle or vehicles in the status made unlawful under Section 8.24.010 of this ordinance, or the existence of a nuisance as defined in Section 8.24.020 of this ordinance on private property in accordance with the findings filed by such [law enforcement officer ] City official pursuant to Section 8.24.040 above, the City Council may, by resolution, direct the owners of said vehicle or the owners or persons in possession of subject real property to abate said vehicle from the status of vehicles made unlawful under Section 8.24.010 of this ordinance, or as defined as a nuisance under Section 8.24.020 of this ordinance within twenty (20) days of the date of said finding, said direction to be given in the manner provided for the giving of notice of said hearing, or for want thereof may direct the responsible City officials to enter upon said private property and take and remove said vehicle, or any parts thereof, and dispose of the same as junk in the manner deemed to be in the best interest of the City of Canyonville by the [law enforcement officer] City Administrator/Recorder.

5. Amendment Section 8.24.060 of the Canyonville Municipal Code is hereby added as follows (deleted language is [bracketed italic], added language is underlined bold):

8.24.060 ABATEMENT BY CITY

A. If, within the time fixed, as provided in this chapter, the subject vehicle(s) has not been removed by the owner or agent in charge of the property, the City may pursue all remedies available under state or city law, including the issuance of a citation for violation of Chapter 8.24 of the Canyonville municipal Code.

B. In addition to, and not in lieu of other available remedies, the City may itself remove the vehicle(s) and assess the total cost thereof, including administrative overhead in the amount of 10% of the cost of removal, to the property where the subject vehicle(s) were stored.

6. Amendment. Section 8.24.070 of the Canyonville Municipal Code is hereby added as follows (deleted language is [bracketed italic], added language is underlined bold):

8.24.070 ASSESSMENT OF COST

A notice of the assessment shall be forwarded by registered mail, postage prepaid, to the owner or agent in charge of the property by the City Administrator/Recorder. The notice shall contain:

1. The total cost, including the administrative overhead, of the abatement process;

2. A statement that the cost as indicated will become a lien against the property unless paid within thirty (30) days;

3. A statement that, if the owner or agent in charge of the property objects to the cost of the abatement as indicated, said owner or agent may file a notice of objection with the City Administrator/Recorder within ten (10) days from the notice:

B. Upon the expiration of ten (10) days after the date of the notice, objection to the proposed assessment shall be heard and determined by the Council in its regular course of business.

C. An assessment for the cost of the abatement, as determined by the Council, shall be made by resolution of the Council and shall thereupon be entered in the docket of City liens. Upon such docket entry being made, it shall constitute a lien against the property from which the vehicle(s) was removed or abated.

D. The lien shall be collected in the same manner as liens for the street improvements are collected and shall bear interest at the rate equal to the Oregon A 10 year Bond rate plus 2% per year. Such interest shall commence to run immediately upon the entry of the lien in the lien docket.

E. An error in the name of the owner or agent in charge of the property shall not void the assessment nor will a failure to receive the notice of the assessment render the assessment void, but it shall remain a valid lien against the property.

7. Amendment. Section 8.24.080 of the Canyonville Municipal Code is hereby added as follows (deleted languages is[bracketed italic], added language is underlined bold):

8.24.080 VIOLATION-PENALTY

Any person responsible for allowing a wrecked or abandoned vehicle(s) to exist in violation of the provision of this Chapter may, upon conviction, be punished by imprisonment for a period of time not to exceed thirty (30) days or by a fine not to exceed three hundred dollars ($300). Provided, however, that the fine may be suspended, in whole or in part, upon a finding that the nuisance giving rise to conviction has been abated prior to conviction or has been abated within thirty (30) days of conviction.

8. Amendment. Section 8.24.090 of the Canyonville Municipal Code is hereby added to read as follows (deleted language is[bracketed italic], added language is underlined bold):

8.24.090 SEPARATE VIOLATIONS

A. Each day's violation of a provision of this chapter shall constitute a separate offense.

B. The abatement or removal of abandoned vehicles as provided in this chapter shall not constitute a penalty for the violation of this chapter, but shall be in addition to any penalty imposed for the violation of this chapter.

C. The institution of any abatement proceedings under this chapter shall not be a bar to the filing or prosecution of any complaint in the Municipal Court of the City for a violation of any of the provisions of this chapter. Any such complaint may be filed and prosecuted before, during the pendency of, or, after the conclusion of any such abatement proceedings.

9. WHEREAS, it is necessary for the preservation of the peace, health, safety and moral of the people of the City of Canyonville that wrecked or abandoned vehicles as defined in Section 8.24.010 and Section 8.24.020 of this ordinance existing on private property be removed and abated without delay, and emergency is hereby declared to exist and this ordinance shall go into full force and effect immediately upon its passage by the Common Council and signing thereof by the Mayor.

Passed by the Common Council this 21th day of December, 1998.

Approved by the Mayor this 21st day of December, 1998.

                     /s/ Gloria McGinnis, Mayor

ATTEST:

/s/Larry Andrew, City Administrator/Recorder