A.
Disposition
of a vehicle towed and stored under provisions of state law for the
removal of hazardous vehicles shall be in accordance with provisions
of state law on impoundment and disposition of vehicles constituting
a hazard.
B.
Impoundment
of a vehicle does not preclude issuance of a citation for violation
of a provision of this title.
C.
Whenever
a traffic violation is issued or a physical arrest is made for violation
of Oregon’s Vehicle Code or local traffic ordinances and the
driver does not have a valid operator’s license, or the driver’s
license is suspended or revoked, or the vehicle is without liability
insurance as required by the Oregon Vehicle Code, or both, the vehicle
shall be impounded and towed by a towing company approved by the Oregon
State Police, at the owner’s expense and stored at owner’s
expense.
D.
Stolen
vehicles may be towed from public or private property and stored at
the expense of the vehicle owner.
E.
A vehicle
abandoned in violation of provisions of state law relating to abandoned
vehicles is subject to removal and sale in accordance with provisions
of state law.
F.
A vehicle
which is stored in violation of the provisions of this code relating
to storage of motor vehicles on streets is subject to removal and
sale in accordance with provision of state law on impoundment and
disposition of abandoned vehicles, ORS 819.100 to 819.270.
G.
Vehicles
removed and impounded shall be taken to a public garage or other suitable
place for storage of the vehicle, and kept until released or otherwise
disposed of pursuant to this section.
2.
A
motor vehicle so impounded shall be held and, if not lawfully redeemed,
shall be disposed of as provided by ORS 819.210 through 819.260. A
certificate of sale referenced therein shall contain the following
notice:
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The city of Jefferson makes no warranty as to the condition
or title of the above-described vehicle. In the event this sale shall
for any reason be invalid, the liability of the city is limited to
return of the purchase price.
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(Ord. 556 § 1, 1995; Ord. 602 § 1, 1999)
A.
In the enforcement and execution of the provisions of Section 8.16.050, the city may contract the services of one or more competent towing service firms for the removal and storage of motor vehicles taken into custody of the city for any reason. The council shall by resolution establish a schedule of maximum charges for storage or such motor vehicles, which shall apply to vehicles stored by the city.
B.
Where
a private business is used, the following conditions shall apply:
1.
The
city shall not be liable for services rendered by a private towing
service from any source other than such amounts as may be collected
from the owner on redemption, or from a purchaser of the vehicle.
2.
The
vehicle shall not be released from the private towing service except
upon a receipt, signed by the police chief, proffered by the purchaser.
C.
A towing service firm which, at the request of the city, takes a vehicle into custody, shall have a lien on the vehicle and its contents for the just and reasonable towing charges, may retain possession of the vehicle and its contents until the charges are paid, and may cause the vehicle and its contents to be sold at public auction pursuant to Section 8.16.080(A). If the appraised value of the vehicle is $750 or less, the vehicle and its contents shall be disposed of in the manner provided in Section 8.16.080(B).
(Ord. 556 § 2, 1995)
A.
If a
motor vehicle is taken into the custody of the city, the chief of
police shall make reasonable efforts to ascertain the names and addresses
of the registered owner and the legal owner, if any, and the person
entitled to possession.
B.
If the
names and addresses of such owners or persons entitled to possession
or either of them can be ascertained, the chief of police shall cause
notice to be mailed within 48 hours of the date of recovery, addressed
to the registered owner of the vehicle and a similar letter addressed
to the legal owner, if any. Such notice shall include the following
information:
1.
The
statute or ordinance or rule under which the vehicle has been taken
into custody or removed;
2.
The
location where the vehicle may be redeemed by the owner or person
entitled to possession upon satisfactory proof of ownership or right
to possession;
3.
That
a lien has arisen on the vehicle in favor of the person who towed
the vehicle for just and reasonable towing and storage charges;
4.
The
amount of any fines or bail which must be paid or posted pursuant
to this chapter;
5.
The
date after which the vehicle will be subject to public sale;
6.
That
a hearing on the validity of the tow and on the creation and amount
of the lien may be had if requested within five days of mailing of
the notice;
7.
That
the costs of hearing may be assessed against the vehicle owner.
(Ord. 556 § 3, 1995)
The maximum charge per day for storage of a motor vehicle towed and stored pursuant to Section 8.16.050 is $10, which shall apply when the vehicle is stored by the city.
(Ord. 556 § 4, 1995)
A.
Upon
written request of the legal owner or the registered owner or any
other person who reasonably appears to have an interest in the vehicle,
delivered to the municipal court, a hearing shall be held before the
municipal judge. The written request shall state the grounds upon
which the person requesting the hearing believes that the removal
and custody of the vehicle is not justified.
B.
The
hearing shall be set and conducted within two regular court days of
receipt of the request, holidays, Saturdays and Sundays not included.
The hearing can be set for a later date if the owner or person entitled
to possession so requests. At the hearing the owner may contest:
1.
The
validity of the action of the enforcement officer in taking the vehicle
into custody;
2.
The
reasonableness of the charge set for towing and storage of vehicle.
Towing and storage charges set by ordinance/resolution or by contract
entered unto pursuant to ordinance are presumed to be reasonable for
the purpose of this section.
C.
The
city shall have the burden of showing the validity of the taking of
the vehicle.
D.
At any
time prior to the requested hearing, the owner or the person entitled
to possession of the vehicle may regain possession of the vehicle
by depositing with the city security in the form of cash in an amount
sufficient to cover costs of removing and storage and any fines or
bails owed.
E.
If the
municipal judge finds that:
1.
The
action of the city in taking the vehicle into custody was proper,
the municipal judge shall enter an order supporting the removal and
may assess costs of the hearing against the person requesting the
hearing;
2.
The
action of the enforcement officer in taking the vehicle into custody
was invalid, the judge shall:
F.
If the
person requesting the hearing does not appear at the scheduled hearing,
the municipal judge may enter an order supporting the removal and
assessment of towing and storage costs and apply any security posted
against such costs.
G.
The
action of the municipal judge pursuant to this section is final.
(Ord. 556 § 5, 1995)
The legal owner, registered owner, or person entitled to possession
of an unclaimed vehicle may reclaim such vehicle any time after it
is taken into custody, and before it is sold, upon presentation of
satisfactory proof of ownership or right of possession to the chief
of police and payment of towing and storage charges or posting of
security required under this chapter.
(Ord. 556 § 6, 1995)
Within 10 days of any motor vehicle coming into the custody
of the city for any reason, the chief of police shall cause such vehicle
to be appraised by a person possessing a valid appraiser certificate
under state law.
(Ord. 556 § 7, 1995)
A.
Any motor vehicle appraised at a value greater than $750 under Section 8.16.070 and not redeemed for a period of 30 days after the date of mailing notice pursuant to Section 8.16.030, or the taking of the vehicle into the custody of the city, whichever is later, may be disposed of by the chief of police in accordance with ORS 819.210 to 819.260.
B.
Any motor vehicle appraised at a value of $750 or less under Section 8.16.070 and which remains unclaimed and unredeemed for a period of 30 days after the date of mailing of notice pursuant to Section 8.16.030, or the taking of the vehicle into custody by the city, whichever is greater, may be disposed of in accordance with ORS 819.210 to ORS 819.260. No such vehicle shall be sold or transferred to any person without first requiring such person to comply with the provisions of and execute the forms required by ORS 819.220.
(Ord. 556 §§ 8, 9, 1995)
Except as provided in Section 8.16.050(E), unclaimed motor vehicles which come into the custody, actual or constructive, of the city for any reason shall be held at the expense of the owner and any costs incurred by the city in finding, transporting, giving of notice, storage, care, and custody of such property shall be paid by the owner or other person lawfully entitled to possession thereof before such property may be released.
(Ord. 556 § 10, 1995)
