The Department of Transportation shall adopt rules consistent with this section to provide procedures for the removal and disposition of portable signs or personal property that has been repeatedly left, deposited or displayed in violation of ORS 377.650 (Personal property on state highway).
(2)
Rules adopted by the department under this section may provide for any of the following:
(a)
A reduction in the times required for notice of violation, opportunity for hearing, opportunity to remove the violation and removal of the violation.
(b)
Removal of the violation without prior notice if the person committing the violation has been given prior notice of the violation. If removal is provided under this paragraph, opportunity for hearing must be provided by the rules within five days after the removal.
(c)
Any other rules concerning removal and disposition of such violations that the department determines will reduce the repeating of such violations.
(3)
Rules adopted by the department under this section may not alter the provisions established under ORS 377.653 (Personal property under state highway bridge). [1985 c.110 §2; 2011 c.84 §4]Note: Sections 1 and 2, chapter 21, Oregon Laws 2018, provide:Sec. 1. Intergovernmental agreements. (1) The Department of Transportation may enter into an intergovernmental agreement with a city that has a population of 500,000 or more for the removal, storage and disposition of personal property deposited, left or displayed on property that is owned by the department.
In addition to the requirements described in subsection (2) of this section, an intergovernmental agreement entered into under this section must include the following:
(a)
Requirements for posting notice before the removal of personal property, including but not limited to the following:
(A)
That the notice is created using durable materials and securely posted within 30 feet of the personal property to be removed;
(B)
That the notice must provide the date the notice begins and the date upon which the city may begin removing personal property; and
(C)
That the notice must provide a description of:
(i)
How an individual may access personal property that is removed and stored; and
(ii)
The length of time the city will store personal property before the city disposes of it.
(b)
A requirement that the notice expires 10 days after the city posts the notice.
(c)
A severe weather protocol regarding the weather conditions under which the city will not remove personal property.
(d)
Provisions related to inventorying and storing the personal property to be removed.
(e)
Provisions related to the city relinquishing unclaimed personal property after the storage period to the city’s designated agent.
(f)
Provisions related to when the city will provide impact reduction services, including but not limited to trash collection.
(4)
The 48-hour notice required under subsection (2) of this section does not apply:
(a)
When there are grounds for law enforcement officials to believe that illegal activities other than camping are occurring;
(b)
Where there is an exceptional emergency, such as possible site contamination by hazardous materials; or
(c)
When there is immediate danger to human life or safety.
(5)
Before the city adopts an intergovernmental agreement under this section or changes to the agreement, the city shall invite public comment on the proposed agreement or the proposed changes to the agreement. [2018 c.21 §1]Sec. 2. Section 1 of this 2018 Act is repealed on January 2, 2023. [2018 c.21 §2]