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(1) For purposes of this section, the following mean:

"Vehicle." A device in, or by which a person or property is or may be transported or drawn upon a public highway, excluding a device moved by human power or used exclusively upon stationary rails or tracks, and including, but not limited to, a body, an engine, a transmission, a frame or other major part.

"Neglected or discarded vehicle." A vehicle that is or appears to be inoperative, wrecked, dismantled or partially dismantled.

"Wrecked, dismantled, or inoperative vehicle." A vehicle that is inoperative and cannot be made mechanically operative without the addition of vital parts or mechanisms and the application of a substantial amount of labor to effect repairs.

(2) No person shall store or permit to be stored a neglected or discarded vehicle upon private or public property within the city for more than five days unless the vehicle is completely enclosed within a legally permitted building, or unless it is stored by a licensed business enterprise dealing in junked vehicles lawfully conducted within the city.

(3) A violation of this section constitutes a violation. Every day the vehicle or part is stored or permitted to remain unlawfully constitutes a separate violation.

(4) Storing vehicles in violation of this section is declared to be a public nuisance and may be abated in the manner provided in section 5.520. In addition to the notice to the property owner provided in section 5.520, if it is determined that the owner of the real property and the owner of the vehicle constituting the nuisance are not the same person and if any indication of vehicle ownership is available, notice of the City's intent to remove and dispose of the vehicle shall also be sent to the owner of the vehicle.

(5) If the owner of property on which a discarded vehicle is located denies responsibility for the presence of the vehicle or vehicle part on the property, and the Council determines that the vehicle was placed on the property without the consent of the property owner and that he has not subsequently acquiesced in its presence, the Council shall not assess the cost of abatement and removal against the property or attempt to collect the cost of abatement and removal from the property owner.

(6) If the Council determines that the owner of real property on which a neglected or discarded vehicle is located is not liable for the cost of removal and disposal, the cost, including costs of administration, shall be collected from the last registered owner of the vehicle unless the owner in the transfer of ownership has complied with ORS 481.405.

[Amd. Ord. No. 2000-45, Mar. 16, 2000.]