(A) Before towing. “Notice of Intent to Tow” provided to an abandoned vehicle owner or property owner/responsible person where abandoned vehicles are located shall consist of a posting of the “Notice of Intent to Tow” on or near the vehicle, with all of the information required in ORS 819.170. This includes the following information:
(1) The vehicle will be subject to being taken into custody and towed by the appropriate authority if the vehicle is not removed before the time set by the appropriate authority;
(2) The statute, ordinance, or rule violated by the vehicle and under which the vehicle will be towed;
(3) The place where the vehicle will be held in custody or the telephone number and address of the appropriate authority that will provide the information;
(4) The vehicle, if taken into custody and towed by the appropriate authority, will be subject to towing and storage charges and that a lien will attach to the vehicle and its contents;
(5) The vehicle will be sold to satisfy the costs of towing and storage, if the charges are not paid;
(6) 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 towing if a hearing is timely requested;
(7) 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) The time within which a hearing must be requested and the method for requesting a hearing; and
(9) Date and time of the notice and name of the law enforcement officer posting the notice.
(B) After towing. Notice to vehicle owners of towed vehicle and property owners where the towed vehicles are located shall consist of a certified mailing with all of the information required in ORS 819.180. This includes the following information:
(1) The vehicle has been taken into custody and towed; the identity of the appropriate authority that took the vehicle into custody and towed the vehicle; and the statute, ordinance, or rule under which the vehicle has been taken into custody and towed;
(2) The location of the vehicle or the telephone number and address of the appropriate authority that will provide the information;
(3) The vehicle is subject to towing and storage charges, the amount of charges that have accrued to the date of the notice, and the daily storage charges;
(4) 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 the charges are not paid by a date specified by the appropriate authority;
(5) The owner, possessor, or person having an interest in the vehicle and its contents is entitled to a prompt hearing to contest the validity of taking the vehicle into custody and towing it and to contest the reasonableness of the charges for towing and storage if a hearing is timely requested;
(6) The time within which a hearing must be requested and the method for requesting a hearing; and
(7) The vehicle and its contents may be immediately reclaimed by presentation to the appropriate authority of satisfactory proof of ownership or right to possession and either payment of the towing and storage charges or the deposit of cash security or a bond equal to the charges with the appropriate authority.
(Ord. 665, passed 10-7-2020)