ORS 830.918
Preseizure notice
(1)
Except as provided in ORS 830.923 (Seizure without notice), at least 10 business days before seizing an abandoned vessel or a derelict vessel an enforcement agency shall provide notice by:(a)
Attaching a notice to the vessel;(b)
If the vessel has or had a certificate under ORS 830.770 (Certificate of number required on boat) or 830.775 (Operation of certain boats without certificates of registration), mailing notice to the persons last shown as owners of the vessel in the records of the State Marine Board; and(c)
Mailing notice to any other person for whom the enforcement agency has obtained a mailing address and who the enforcement agency has reason to believe is an owner of the vessel.(2)
The notice required under this section must include:(a)
The name, address and telephone number of the enforcement agency.(b)
A statement indicating whether the enforcement agency proposes to seize the vessel by reason of being an abandoned vessel, a derelict vessel, or both.(c)
The time by which the owner must act to avoid having the vessel seized.(d)
A statement indicating that if the vessel is seized, the owner will be liable for the costs of salvage, towing and storage of the vessel.(e)
A statement indicating that if the vessel is seized the vessel may be destroyed or sold if the costs of salvage, towing, storage and disposal are not paid.(f)
A statement indicating the owner may request a hearing before the enforcement agency seizes the vessel, and the time and manner in which a request may be made.(3)
In addition to the requirements of subsection (2) of this section, if an enforcement agency proposes to seize a vessel by reason of being an abandoned vessel the notice required by this section must indicate that:(a)
The vessel will be seized unless the owner moves the vessel to a place where the vessel can be lawfully kept within the time specified in the notice; and(b)
The owner may be cited for failure to remove an abandoned vessel if the owner fails to move the vessel to a place where the vessel can be lawfully kept within the time specified in the notice.(4)
In addition to the requirements of subsection (2) of this section, if an enforcement agency proposes to seize a vessel by reason of being a derelict vessel the notice required by this section must indicate:(a)
The reason or reasons that the enforcement agency believes that the vessel is a derelict vessel;(b)
That the vessel will be seized unless either the problems identified in the notice are remedied within the time specified in the notice; and(c)
That the owner may be cited for possession of a derelict vessel if the owner fails to remedy the problems identified in the notice within the time specified in the notice.(5)
An owner of a vessel may request a hearing before an enforcement agency seizes a vessel under ORS 830.908 (Definitions for ORS 830.908 to 830.948) to 830.948 (Salvaged Vessel Subaccount) by submitting a request for hearing to the enforcement agency not more than 10 business days after the notice required by this section is given. The request must indicate if the owner contends that the vessel is not abandoned or derelict, or indicate such other specific grounds on which seizure of the vessel is challenged. [2013 c.680 §4]
Source:
Section 830.918 — Preseizure notice, https://www.oregonlegislature.gov/bills_laws/ors/ors830.html.
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