Personal property not junk as nuisance
- • disposition of property
- • liability
Any personal property not coming within the definition of junk, except a vehicle as defined in ORS 801.590 ("Vehicle") or a manufactured structure as defined in ORS 446.561 (Definitions for ORS 446.566 to 446.646), that is deposited, left or displayed on a state highway is hereby found and declared to be a public nuisance. The Director of Transportation may do any of the following with respect to personal property declared to be a nuisance by this section:
(1) Ten days after written notice is mailed to the person owning the personal property, the director may institute on behalf of the Department of Transportation any legal proceedings the director considers necessary to prevent the violation of this section.
(2) Ten days after written notice, the director may remove the personal property and store it. After 30 days of storage, unless claimed sooner by the owner, the director may sell or otherwise dispose of the personal property. Where removal is performed by the director, the director shall not be liable for any conversion of personal property and may collect the cost for removal, storage and sale or disposal of the personal property from the person owning it.
(3) If the property is a sign, as defined under ORS 377.710 (Definitions for ORS 377.700 to 377.840), that is portable or if the property has been repeatedly deposited, left or displayed in violation of this section, the director may follow the procedures under ORS 377.655 (Rules for removal and disposition of signs and property in violation of ORS 377.650). This subsection applies notwithstanding any other provision of this section. [1975 c.262 §4; 1983 c.338 §925; 1985 c.110 §1; 1993 c.741 §53; 1999 c.59 §102; 2003 c.655 §73]
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