A. A person entitled to lawful possession of a vehicle impounded under this chapter may request, in writing, a hearing to contest the validity of the impoundment. The written request must be made within 5 calendar days of the impoundment. The request shall be made to the Chief of Police or his or her designee.
B. When a timely request for a hearing is made, a hearing shall be held before the tow hearings officer designated by the city. The hearing shall be set within 4 calendar days after the request is received, excluding Saturdays, Sundays and holidays, but may be postponed at the request of the person asking for the hearing.
C. The City Police Department shall have the burden of proving by a preponderance of the evidence that there were reasonable grounds to believe that the vehicle was being operated in violation of O.R.S. 806.010. The police officer who ordered the vehicle impounded may submit an affidavit to the tow hearings officer in lieu of making a personal appearance at the hearing.
D. If the tow hearings officer finds that the impoundment of the vehicle was proper, he or she shall enter an order supporting the removal and shall find that the owner or person entitled to possession of the vehicle is liable for usual and customary towing and storage costs. The tow hearings officer may also find the owner or person entitled to possession of the vehicle liable for costs of the hearing.
E. If the tow hearings officer finds that impoundment of the vehicle was improper, the hearings officer shall order the vehicle released to the person entitled to possession and shall enter a finding that the owner or person entitled to possession of the vehicle is not liable for any towing or storage costs resulting from the impoundment. If there is a lien on the vehicle for towing and storage charges, the hearings officer shall order it paid by the city.