01/08/1973 Meeting - Laserfiche WebLink

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'Councilman Hershner noted that the ordinance under consideration deals only with non-payment of fees. Assistant Manager verified Mr. Hershner's question with re- gard to the estimate in staff memorandum of three man years per year to remove ; abandoned cars .from pri vate property. There followed discussion between staff and Council members with regard to definition of abandoned vehicles, cost to City if , engaged in removal of vehicles from pri vate properties, problems of setting up a , program of removal and storage, consideration of value by towing companies before . they will remove autos, problems of determining ownership, etc. Assistant Manager said Diamond Parking would like to have the authority to "boot" vehicles parked contrary to their regulations. In answer to Councilman Williams, Assistant Manager said that it is not known whether it would have to be a City function if that authority were granted. Staff would want to explore the situation before action is considered in that regard. Jim Anderson, speaking for Diamond Parking, said the request originated because of , problems with the lOth and Oak Overpark, owned by the City but managed by Diamond ,Parking. He said it is the same situation as the City's unmetered lot at 8th and Pearl, so they were asking for the same type of enforcement tool. The ordinance under consideration, he continued, doesn't address the same problem encountered on other Diamond lots, but they would be interested in seeing one adopted which would allow them to immobilize vehicles until parking fees are paid. Councilman Williams suggested ,that Diamond should determine the legalities in- volved in use of the "boot" on their own lots. Manager said Diamond does have the right to have vehicles towed away for non-payment of parking fees, but that authority. would not include i11l1TObilization. 'Ed Kenyon, Register-Guard, referred to wording on a Diamond lot "This vehicle will be impounded..." and barrels used as a type of immobilization, and asked whether . that was actually enforced. .7im Anderson replied that he was not familiar wi th :the situation and doesn't know whether it is legal. 'Mrs. Campbell asked what authori ty the Uni versi ty of Oregon uses in towing un- ;authorized cars from their parking lots, and the number of cars per week towed from 'unmetered lots in the Ci ty. Assistant Manager replied that the Uni versi ty operates under the state law as well as the trespass ordinance. He said the towing com- ; ipanies indicate that they take away about 35 vehicles a week in addition to respondingl ,to an average of six calls a week where cars are gone when they arrive. From 9 to 12 vehicles a week they refuse to tow because their value is not sufficient to pay ,the costs of towing. No figures are available on the number of those which are towed from parking lots. Councilman Hershner said he would like to see a breakdown between truly abandoned vehicles and those evading payment of fees on parking lots. Also, some information 'with regard to whether the private parking lot owner has the right to impound or . "boot" autos. He felt this would help to determine whether the Ci ty could enact legislation to give that right in Eugene. He said he feels it should be the property ,owners' problem in no legislative tools can be provided them. Mr. Hershner moved seconded by Mr. Williams to schedule a public hearing on the proposed ordinance. Motion carried unanimoUSly. Comm 1/3/73 Approve Councilman Williams wondered whether it would be the responsibility of the City's legal department to research the option on private parking lots, perhaps it should 1lr}re appropriately be done at the property owner's expense. Councilwoman Campbell asked what authori ty the County uses in similar instances. Assistant Manager said the County's procedure has not been explored. Direction from the Council was felt desirable at this point to see whether 1lr}Ie time and effort j:should be put into the study to see if the City should become involved in enforce- lment on private ]Xoperties. He said the memorandum from the city Attorney's office ~ (copies of which were distributed to Council) reviewed some of the legal remedies available now, but it entails a major policy decision. Manager said in the past the Ci ty has limi ted its invol vement to acting as catalyst between property owners and towing companies. The Ci ty does not have staff for a program of rerrcwing abandoned vehicles. ,,- -.- , --,.- Mr. Hershner asked whether the proposed ordinance will apply since it is owned by the city but not operated by the City. . an . opinion from the Ci ty Attorney on this would be available to the Overpark, . It was understood at the hearing. \ \. 2 1/8/73 - 2 .,;.~ / , ,f<9 ~~. ""'.~- . '. I ~ ( .F' ~.~ ~.. ~v -'-'