The owner of a vehicle or other personal property will be responsible
for the cost of towing and storage of the vehicle and other personal
property impounded plus the costs of notice and sale as provided in
this chapter.
(Ord. 350 § 5, 2017)
A.
When
this code or State law provides for impounding a vehicle, it shall
be given a citation and may be removed by or under the direction of
a code enforcement officer of the City; taken to the City facilities
for storing vehicles or to some reputable motor vehicle storage facility
and kept there until it is redeemed or sold. Any personal property
associated with the impounded vehicle may also be removed and taken
to some reputable storage facility and kept there until it is redeemed
or sold.
B.
Subsection A of this section shall not apply to vehicles impounded under the direction of a law enforcement officer for criminal investigative purposes or for safekeeping when the operator of the vehicle is unable to safely and lawfully park the vehicle. If the owner fails to claim the vehicle within five days after its impoundment or notice of its release from criminal investigations, it shall be impounded, redeemed or sold as provided in this chapter.
(Ord. 350 § 5, 2017)
A.
When
a vehicle or personal property has been lawfully impounded by the
City, the contents shall be inventoried. An inventory conducted pursuant
to this section shall be made for the following purposes:
1.
To
ensure the protection of the owner's property while it is impounded;
2.
To
reduce the potential assertion of false claims against the City or
other persons for lost, stolen or damaged property; and
3.
To
reduce the danger to code enforcement officers and others from the
impoundment of non-inventoried property.
B.
The
City Manager or the Manager's designee shall adopt an administrative
program for inventories conducted pursuant to this section. These
internal policies shall be designed and administered so that the inventories
are conducted for the purposes set forth in this section and under
specific guidelines which ensure that the inventory involves no exercise
of discretion by the person directing or taking the inventory.
(Ord. 350 § 5, 2017)
When this code or State law provides for impounding a vehicle
and to comply with Federal constitutional requirements of due process
of law, the City shall provide notice of the impoundment.
A.
If the
City proposes to impound a vehicle for a violation of one of the provisions
under this title of the Municipal Code, the City will, before the
proposed impoundment:
B.
The notice required under subsection A of this section will be given by affixing a citation to the vehicle or personal property and a notice that states all of the following:
1.
That
the vehicle will be subject to being taken into custody and removed
by the City if the vehicle is not removed before the time set by the
City.
2.
The
statute, ordinance, or rule violated by the vehicle and under which
the vehicle will be removed.
3.
The
place where the vehicle will be held in custody and the telephone
number and address of the City department that will provide the information.
4.
That
the vehicle, if taken into custody and removed by the City, will be
subject to towing and storage charges and that a lien will attach
to the vehicle and its contents.
5.
That
the vehicle will be sold to satisfy the costs of towing and storage
if the charges are not paid.
6.
That
the owner, possessor or person having an interest in the vehicle is
entitled to a hearing, before the vehicle is impounded, to contest
the proposed custody and removal if a hearing is timely requested.
7.
That
the owner, possessor or person having an interest in the vehicle may
also challenge the reasonableness of any towing and storage charges
at the hearing.
8.
That
time within which a hearing must be requested and the method for requesting
a hearing.
(Ord. 350 § 5, 2017)
A.
If a
vehicle is impounded under State law or any other provision of the
Municipal Code, the City will provide, by certified mail within 48
hours of the impoundment, written notice thereof to the owners of
the vehicle and any lessors or security interest holders having an
interest in the vehicle as shown in the records of the State Department
of Transportation.
B.
Any
notice given under this section will state all of the following:
1.
That
the vehicle has been taken into custody and removed by the City.
2.
The
statute, ordinance, or rule under which the vehicle was removed and
taken into custody.
3.
The
location of the vehicle, or the telephone number and address of the
City department that will provide that information.
4.
That
the vehicle is subject to towing and storage charges which accrue
from the date of towing.
5.
That
the vehicle and its contents are subject to a lien for payment of
the towing and storage charges and that the vehicle and its contents
will be sold to cover the charges if they are not paid by a date specific
in the notice.
6.
A
description of the procedures for the release of the vehicle.
7.
That
the owner, possessor or person having an interest in the vehicle is
entitled to a prompt hearing to contest the validity of taking the
vehicle into custody and removing it, and to contest the reasonableness
of the charges for towing and storage, if a hearing is timely requested.
8.
The
time within which a hearing must be requested and the method for requesting
a hearing.
9.
That
the vehicle and its contents may be immediately reclaimed by posting
bail and paying outstanding amounts due to the municipal court and
by presentation to the towing company or other person in possession
of the vehicle of satisfactory proof of ownership or right to possession,
such as title or registration, either payment of the towing and storage
charges or the deposit of cash security or a bond equal to the charges,
and:
a.
For vehicles impounded under ORS 809.720, submission of proof that
a person with valid driving privileges will be operating the vehicle,
submission of proof of compliance with financial responsibility requirements
for the vehicle, and payment of the City's administrative fee for
traffic offense vehicle impoundments.
(Ord. 350 § 5, 2017)
A.
A person
provided notice under this chapter, or any other person who reasonably
appears to have an interest in the vehicle, may request a hearing
to contest the validity of the impoundment of the vehicle and the
reasonableness of any towing and storage charges for the vehicle.
B.
A hearing
under this section will comply with all of the following:
1.
The
request for hearing must be submitted to the City department indicated
in the notice not more than five days from the mailing date of the
notice. The five day period provided for in this subsection does not
include holidays, Saturdays, or Sundays.
2.
If the City receives a request for hearing pursuant to a notice issued under Section 6.09.040 before the vehicle is taken into custody and removed, the vehicle will not be removed unless it constitutes a hazard.
3.
A
request for hearing will be in writing and will state grounds upon
which the person requesting the hearing believe the custody and removal
of the vehicle is not justified.
4.
The
City will set a time for the hearing within 48 hours of the receipt
of the request and provide notice of the hearing to the person requesting
the hearing and to the owners of the vehicle and any lessors or security
interest holders shown in the records of the State Department of Transportation,
if not the same as the person requesting the hearing. The 48 hour
period in this subsection does not include holidays, Saturdays, or
Sundays.
5.
If
the City finds, after hearing and by substantial evidence on the record
or, for impoundments under ORS 809.730, by a preponderance of the
evidence that there were reasonable grounds to believe that the vehicle
was being operated in violation of statutes, that the custody and
removal of the vehicle was:
a.
Invalid, the City will order the immediate release of the vehicle
to the owner or person with right of possession. If a vehicle is released
under this subsection, the person to whom the vehicle is released
is not liable for any towing or storage charges. If the person has
already paid the towing and storage charges, the City will reimburse
the amount paid to that person. New storage charges will not start
to accrue, however, until more than 24 hours after the time the vehicle
is ordered released to the person under this subsection.
b.
Valid, the City will order the vehicle to be held in custody until
the costs of the hearing, all towing and storage costs, and other
amounts due are paid by the person claiming the vehicle. If the vehicle
has not yet been removed, the City will order its removal.
6.
A
person who fails to appear at a hearing scheduled pursuant to this
section is not entitled to another hearing unless the person provides
reasons satisfactory to the City for the person's failure to appear.
7.
The
City is only required to provide one hearing for each time the City
takes a vehicle into custody and removes the vehicle, or proposes
to do so.
8.
A
hearing scheduled pursuant to this section may also be used to determine
the reasonableness of the charge for towing and storage of the vehicle.
For purposes of this subsection, towing and storage charges set by
law, ordinance, or rule, or that comply with law, ordinance or rule,
are reasonable.
9.
The
City will provide a written statement of the results of the hearing
to the person requesting the hearing.
10.
Hearings may be informal in nature, but the presentation of evidence
will be consistent with the presentation of evidence required for
contested cases under ORS 183.450.
11.
The hearing will be conducted by a Municipal Court Judge.
12.
The determination of the Municipal Court Judge at the hearing is
final, and is not subject to appeal.
(Ord. 350 § 5, 2017)
B.
At any
time prior to the sale of an impounded vehicle, the City will release
an impounded vehicle from custody and release the City's financial
interest in the impounded vehicle when the owner or other person having
a financial interest in the vehicle pays all costs, fines, and fees
at the municipal court.
(Ord. 350 § 5, 2017)
A.
Any
person who, at the request of a code enforcement officer, tows and
stores a vehicle as authorized by this chapter:
1.
Except
as otherwise provided in this section, shall have a lien on the vehicle
and its contents in accordance with ORS 87.152 for the just and reasonable
charges for towing and storage services performed;
2.
May
retain possession of the vehicle and contents until such charges are
paid; and
3.
Shall provide written notice, approved by the City, containing information on the procedures necessary to obtain the release of the vehicle and judicial review or hearing as provided in Section 6.09.050 of this chapter to each person who seeks to redeem the vehicle. A lien described under this section does not attach to the contents of any vehicle until 15 days after taking the vehicle into custody.
B.
No person
towing or storing a vehicle as provided in this chapter may release
the vehicle without first obtaining the written permission of the
municipal court or the City Administrator.
C.
Before
any net proceeds from the sale of the vehicle are paid to the County
Treasurer as provided in subsection (3) of ORS 87.206, the net proceeds
will be deposited with the municipal court to satisfy any unpaid bail
and fines for parking offenses involving said vehicle. Any amount
remaining thereafter will then be paid by the City to the County Treasurer.
At the time the net proceeds are deposited with the municipal court,
the lien claimant shall also deliver to municipal court the documents
required by subsection (2) of ORS 87.206.
(Ord. 350 § 5, 2017)
If no registered owner, actual owner, lessor or security interest
holder claims the vehicle and pays the towing, storage and administrative
charges, the City shall have the impounded and towed vehicle appraised
within a reasonable time by a person authorized by Oregon law to perform
such appraisals.
(Ord. 350 § 5, 2017)
If the impounded vehicle is appraised at over $500 and no claim
is made by the owner within the time specified herein, or if the vehicle
is valued under $500, but the owner cannot be identified after the
search specified herein, the City shall cause to be published in a
newspaper of general circulation, within the County, a notice of sale.
The notice shall state:
A.
The
intended sale of abandoned property in the City's possession;
B.
A description
of the vehicle, including the type, make, license plate number, ID
number and any other information that will aid in accurately identifying
the vehicle;
C.
The
terms of the sale;
D.
The
date, time and place of the sale.
|
The notice of sale shall be published two times, with the first
publication made not less than 10 days prior to the date of the proposed
sale, and the second shall be made not less than three days prior
to the date of the proposed sale.
|
(Ord. 350 § 5, 2017)
If a vehicle taken into custody under this chapter is not reclaimed
within 30 days after it is impounded, the authority that towed the
vehicle may either sell the vehicle and its contents at public auction,
as either provided for pursuant to this chapter or under Oregon law,
or dispose of the vehicle as provided herein. The contents of any
vehicle sold under this chapter are subject to the same conditions
of sale as the vehicle in which they are found.
If an abandoned vehicle is determined to be valued less than
$500 by an automobile dealer or other knowledgeable person, the authority
that towed and impounded the vehicle shall notify the registered or
apparent owner and secured parties as provided in this chapter, photograph
the vehicle, notify the Department of Transportation that the vehicle
will be disposed of, and, unless the vehicle is claimed by a person
entitled to possession within 15 days of the date of notice under
this chapter, dispose of the vehicle and its contents to a person
who holds a valid dismantler certificate.
(Ord. 350 § 5, 2017)
Any violation of this chapter shall constitute a Class B civil infraction as provided in Section 1.12.070.
(Ord. 350 § 5, 2017)
