Authority to seize abandoned vessel or derelict vessel.

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(a) The enforcement agency has probable cause to believe the vessel is an abandoned vessel; and

(b) An owner does not move the vessel to a place where the vessel can be lawfully kept within the time specified in the notice given under ORS 830.918, or within such additional time as may be specified in an order issued under ORS 830.936 (6).

(2) An enforcement agency may seize a vessel as a derelict vessel if:

(a) The enforcement agency has probable cause to believe the vessel is a derelict vessel and the enforcement agency documented the facts supporting that belief; and

(b) The owner does not correct the problems identified in the notice given under ORS 830.918 within the time specified in the notice, or within such additional time as may be specified in an order issued under ORS 830.936 (6).

(3) A vessel may be seized as a derelict vessel by reason of an imminent danger of sinking only if the enforcement agency has documented the facts supporting the belief that the vessel is in imminent danger of sinking.

(4) If an enforcement agency has probable cause to believe a vessel is an abandoned vessel or a derelict vessel, the enforcement agency may:

(a) Secure the vessel in such a manner as to prevent harm to life or damage to property or to prevent the vessel from becoming a hazard to navigation.

(b) Take action to mitigate any imminent environmental threat the vessel poses.

(c) Salvage, tow and store the vessel.

(5) If an enforcement agency has probable cause to believe a vessel is an abandoned vessel, the enforcement agency may enter and inspect the interior of the vessel, and objects in plain view within the interior of the vessel, only to the extent necessary to identify the owners of the vessel.

(6) If an enforcement agency has probable cause to believe a vessel is a derelict vessel by reason of endangering life or property, or by reason of being in danger of becoming an environmental hazard, the enforcement agency may enter and inspect the interior of the vessel, objects in plain view within the interior of the vessel, and closed compartments within the interior of the vessel, only to the extent necessary to determine whether the vessel endangers life or property, or is in danger of becoming an environmental hazard.

(7) An Oregon State Police officer, a sheriff, a deputy sheriff or a municipal police officer may enter privately owned land for the purpose of determining whether a vessel is abandoned only with the consent of the landowner. [2013 c.680 §3]


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