734-035-0040 Removing Personal Property from Illegal Camping on State Highway Right of Way — Scheduling and Notice; Costs (1) In locations where camping or staying overnight regularly occurs, signs may be posted by the Department announcing that camping is not allowed according to OAR 734-020-0095. In locations not open to public entry, signs will be posted by the Department according to 734-035-0200. Personal property left on state highway right of way and reasonably believed to be the result of illegal camping may be removed from the right of way after the Department posts proper notice in accordance with this rule. (2) Written notice will be posted in a conspicuous location in the general vicinity of the personal property to be removed. When the personal property is under a bridge, along a river, and within the urban growth boundary, notice will be posted in a conspicuous location within 30 feet of the personal property. The notice is to be posted at least ten days but not more than 19 days prior to removal of the personal property by the Department. In locations not open to public entry, notice is to be posted at least 24 hours prior to removal of the personal property by the Department. (3) Notwithstanding subsection (2) of this rule, when the Department determines that either: (a) personal property on highway right of way in locations not closed to public entry is in violation of environmental laws, the Department may remove the personal property 24 hours after posting notice. (b) an exceptional emergency exists, personal property may be removed without notice described in this rule. An “exceptional emergency” is a situation which must be immediately addressed to avoid greater harm such as site contamination by hazardous materials or that either the personal property itself of individuals entering the location to retrieve the personal property presents an immediate danger to human life or safety. (4) The written notice must be laminated or weather resistant and include: (a) The date the notice was posted; for locations not open to public entry, the date and time the notice was posted; (b) The date by which personal property must be removed by the property owner; (c) The time frame in which the Department may remove the personal property; for locations not open to public entry, the Department may remove the personal property within 24 hours to 7 days after the date and time of the posting. (d) The telephone number where information on recovering the property may be obtained; and (e) The length of time the property will be stored by the Department. (5) If the notice is removed during the posting period, the Department may proceed with the removal of the personal property but will replace the notice at the site to inform property owners about how to claim the personal property. (6) Written notices will be in both English and Spanish. (7) A $2 charge may be made for the cost of removal and storage of the personal property. No charge will be made for the cost of the personal property removal generally. Statutory/Other Authority: ORS 184.616, 184.619 & 377.653 Statutes/Other Implemented: ORS 377.650 & 377.653 History: HWD 9-2014, f. 11-26-14, cert. ef. 12-8-14 HWD 4-2012, f. 2-21-12, cert. ef. 2-24-12 HWY 16-1990, f. & cert. ef. 12-28-90 HWY 12-1990(Temp), f. & cert. ef. 7-20-90