If personal property is deposited, left or displayed under a state highway bridge, on property along a river and within an urban growth boundary, and the personal property is a public nuisance under ORS 377.650 (Personal property on state highway), the Department of Transportation may remove, store and dispose of the personal property as provided in this section.
Prior to the removal of the personal property, the department shall post written notice in the manner provided in this subsection. The written notice must:
Be laminated or weather resistant.
Be posted in a conspicuous location within 30 feet of the property to be removed.
Include the following dates:
The date the notice is posted;
The date by which the property owner must remove the property; and
The dates within which the department may remove the property pursuant to subsection (3) of this section.
Be posted no less than five days and no more than 19 days prior to removal. If the notice is removed during the posting period, the department may proceed with the removal of the personal property but shall replace the notice at the site for the purpose of informing property owners about how to claim the property.
Provide information about the storage of the property, including but not limited to how long the department will store the property and a telephone number at which the property owner can contact the department to make arrangements to claim the property.
Be written in English and Spanish.
No less than five days and no more than 19 days after posting written notice, the department may remove the personal property.
The department shall store the personal property removed under subsection (3) of this section:
In a manner that is reasonably likely to protect the property from harm;
In a location that is reasonably secure; and
In a location that is reasonably accessible to the location where the property was found.
After storing the property for 30 days, unless the property is claimed by the property owner, the department may sell or otherwise dispose of the personal property.
The department is not liable for any conversion of personal property removed or stored under this section.
The department may collect the costs of removing, storing, selling or disposing of the personal property from the property owner pursuant to this section.
If the department determines that the personal property creates an exceptional emergency, such as possible site contamination by hazardous materials, or that the personal property presents an immediate danger to human life or safety, the department may immediately remove and dispose of the property without notice as described in subsection (2) of this section. Personal property that may enter a river as a result of seasonal increases in river levels, absent other evidence, does not constitute an exceptional emergency. Personal property that may enter a river as a result of unanticipated flooding, absent other evidence, does constitute an exceptional emergency.
A permanent sign posted by the department that announces that personal property will be removed does not satisfy the notice requirements established under this section.
The department may adopt rules for the implementation of this section. [2011 c.84 §2]