As used in this chapter, unless the context requires otherwise, the following mean:
"Abandoned vehicle"
means a vehicle left unoccupied and unclaimed or in such a damaged, disabled or dismantled condition that the vehicle is inoperable.
"Hazardous vehicle"
means a vehicle left in a location or condition that constitutes an immediate and continuous hazard to the safety of persons using the streets or alleys of the city. For example, and not by limitation, the following are hazardous vehicles:
A. 
Vehicles blocking public or private rights-of-way.
B. 
Vehicles with leaks in gas tanks.
C. 
Vehicles blocking fire hydrants.
"Law enforcement officer"
means an authorized law enforcement officer of the city or another city employee authorized to enforce this chapter.
"Owner"
means a person with a claim, either individually or jointly, or ownership of any interest, legal or equitable, in a vehicle.
"Private garage"
means a reputable, private storage yard, garage, or other storage place selected by a law enforcement officer.
"Vehicle"
means every device in, upon or by which a person or property is or may be transported or drawn upon a public highway, except devices moved exclusively by human power or used exclusively upon stationary rails or tracks.
(Ord. 911 § 1, 1987)
A. 
No vehicle that a law enforcement officer has reason to believe is disabled or abandoned shall be parked or left standing on the right-of-way of a city street or alley or on city property for a period in excess of 48 hours.
B. 
A vehicle so parked or left standing may be taken into custody by a law enforcement officer and shall be held at the expense of the owner or person entitled to possession of the vehicle. A law enforcement officer may use department personnel, equipment and facilities for the removal and preservation of the vehicle, or may hire other personnel, equipment and facilities for that purpose.
C. 
The vehicle must be moved out of the area to a location in accordance with the Rainier Municipal Code. Movement of a vehicle within a block shall not extend the time required for the vehicle to be moved.
(Ord. 911 § 2, 1987; Ord. 1004, 2003)
A. 
On discovering a hazardous vehicle, a law enforcement officer may immediately cause the vehicle to be towed and impounded.
B. 
The owner of the vehicle shall be responsible for the costs of towing and storing the vehicle.
(Ord. 911 § 3, 1987)
A. 
A person who, at the request of a law enforcement officer, takes a vehicle into custody under the provisions of this chapter shall have a lien on the vehicle and its contents for the just and reasonable towing and storage charges, may retain possession of them until the charges are paid, and may have them sold at public auction to satisfy the lien. The lien that attaches to the vehicle and its contents shall be a possessory chattel lien in accordance with ORS 87.152 to 87.212. If the appraised value of the vehicle is $750.00 or less, the vehicle may be disposed of in the manner provided in ORS 819.220.
B. 
If the vehicle is taken into custody under the provisions of this chapter and is held by the city rather than by a private garage, the vehicle and its contents shall be disposed of in the manner provided in ORS 819.210 to 819.260.
(Ord. 911 § 4, 1987)
A. 
A law enforcement officer who investigates a vehicle found in violation of RMC § 8.20.020 shall:
1. 
Make a routine investigation to discover the owner and request removal of the vehicle.
2. 
Failing to discover the owner by such a process, make a diligent inquiry as the name and address of the owner of the vehicle by examining it for license number, identification number, make, style and any other information that will aid in identification of the owner. When such vehicle is required by law to be registered with the Motor Vehicles Division, the officer shall transmit all available information to that office with an inquiry for the name and address of the owner.
3. 
If the owner is identified, mail a notice to the owner at the address shown on the Motor Vehicles Division records.
4. 
Whether or not the owner is identified, place a notice upon the windshield or some other part of the vehicle where it can be easily seen.
B. 
This section does not apply to a hazardous vehicle.
(Ord. 911 § 5, 1987)
A. 
Notices sent or placed under RMC § 8.20.050 shall contain the following information:
1. 
The name of the officer or other city employee issuing the notice.
2. 
That if the vehicle is not removed within the legal time limit, the vehicle will be towed and taken into custody as an abandoned vehicle.
3. 
That any person who, at the request of a law enforcement officer, tows an abandoned vehicle shall have a lien on the vehicle and its contents for the just and reasonable towing and storage charges, may retain possession of the vehicle and its contents until the charges are paid, and may have the vehicle and its contents sold at public auction to satisfy the lien.
4. 
That the owner of the vehicle may request a hearing on the validity of the proposed tow and the creation and amount of the lien.
5. 
How and where the owner of the vehicle may get information about the opportunity for a hearing and the location of the vehicle, if it has been towed.
B. 
If the owner of the vehicle requests a hearing before the vehicle is taken into custody, the vehicle shall not be taken until a hearing is set and held in accordance with RMC § 8.20.080 through § 8.20.100.
(Ord. 911 § 6, 1987)
A. 
After an abandoned vehicle has been taken into custody, notice shall be provided to the owner indicating:
1. 
The location of the vehicle;
2. 
That a lien has arisen on the vehicle in favor of the person who towed the vehicle;
3. 
That the vehicle may be sold at public auction to satisfy the lien; and
4. 
That a hearing on the validity of the tow and on the creation and amount of the lien may be held, if requested.
B. 
Notice is considered given when a certified letter addressed to the registered owner of the vehicle and a similar letter addressed to the legal owner, if any, return receipt requested and postage prepaid, is mailed within 24 hours after the vehicle is taken into possession by or at the direction of a law enforcement officer.
C. 
If the vehicle is registered in the office of the Motor Vehicles Division, notice may be addressed to the registered owner and the legal owner, if any, at the latest respective address of each shown by Motor Vehicles Division records. If the vehicle is not registered, reasonable efforts shall be made to ascertain the names and addresses of the legal owner and persons entitled to possession of the vehicle so that notice may be mailed, if reasonably possible, within the time period outlined in this section.
D. 
If a hearing is desired, the owner must request a hearing within five days after receipt of the notice. The request may be made in person or in writing, and failure to appear in person or to mail a letter within five days after the receipt of the notice shall act as a waiver of the right to a hearing.
(Ord. 911 § 7, 1987)
A. 
On request of the legal owner or the person entitled to possession of the vehicle, a hearing shall be held before the municipal judge.
B. 
The hearing shall be set and conducted within 48 hours of receipt of the request, holidays, Saturdays and Sundays not to be included. The hearing may be set for a later date if requested by the owner or the person entitled to possession. At the hearing, the owner may contest:
1. 
The validity of the action of the law enforcement officer in taking the vehicle into custody; and
2. 
The creation and amount of the lien attached to the vehicle.
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 posting security with the city in the form of cash in an amount sufficient to cover costs of removal and storage.
(Ord. 911 § 8, 1987)
If the municipal judge finds that:
A. 
The action of the law enforcement officer in taking the vehicle into custody was proper, the municipal judge shall enter an order supporting the removal.
B. 
The action of the law enforcement officer in taking the vehicle into custody was invalid, the judge shall:
1. 
Order the vehicle released to the owner; and
2. 
Find that the owner is not liable for towing or storage charges occasioned by the taking; and
3. 
Order the city to satisfy the towing and storage lien.
C. 
The action of the municipal judge is final.
(Ord. 911 § 9, 1987)
If the person requesting the hearing does not appear at the scheduled hearing, the judge may enter an order supporting the removal and assessment of towing and storage costs and apply any security posted against such costs.
(Ord. 911 § 10, 1987)