2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 195 - Local Government Planning Coordination › Section 195.515 - City removal of personal property from highway right of way.

(1) The Department of Transportation may enter into an intergovernmental agreement with a city that has a population of 500,000 or more for the removal, storage and disposition of personal property deposited, left or displayed on property that is owned by the department. The city shall prioritize removal of personal property that is within the right of way of a highway under the jurisdiction of the department as a road authority pursuant to ORS 810.010.
(2) Notwithstanding ORS 377.650, 377.653 and 377.655, an intergovernmental agreement entered into under this section may provide alternative provisions related to the removal, storage and disposition of personal property if the alternative provisions conform with the requirements for local government policy for removal of homeless individuals and personal property under ORS 195.505.
(3) In addition to the requirements described in subsection (2) of this section, an intergovernmental agreement entered into under this section must include the following:
(a) Requirements for posting notice before the removal of personal property, including but not limited to the following:
(A) That the notice is created using durable materials and securely posted within 30 feet of the personal property to be removed;
(B) That the notice must provide the date the notice begins and the date upon which the city or department may begin removing personal property; and
(C) That the notice must provide a description of:
(i) How an individual may access personal property that is removed and stored; and
(ii) The length of time the city or department will store personal property before the city or department disposes of it.
(b) A requirement that the notice expires 10 days after the city or department posts the notice.
(c) A severe weather protocol regarding the weather conditions under which the city or department will not remove personal property.
(d) Provisions related to inventorying and storing the personal property to be removed.
(e) Provisions related to the city or department relinquishing unclaimed personal property after the storage period to the city’s or department’s designated agent.
(f) Provisions related to when the city will provide impact reduction services, including but not limited to trash collection.
(g) A provision providing that if the department requests city services under the intergovernmental agreement, but the city is unable or unwilling to provide services as requested, the department or the department’s contractor may perform the requested services consistent with the terms of the agreement, including but not limited to posting notice.
(4) The 72-hour notice under ORS 195.505 required under subsection (2) of this section does not apply:
(a) When there are grounds for law enforcement officials to believe that illegal activities other than camping are occurring;
(b) Where there is an exceptional emergency, such as possible site contamination by hazardous materials; or
(c) When there is immediate danger to human life or safety.
(5) Before the city adopts an intergovernmental agreement under this section or changes to the agreement, the city shall invite public comment on the proposed agreement or the proposed changes to the agreement. [2023 c.400 §35]
Note:
195.515 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 195 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.