Loading...
§ 74.03 VEHICLE LEFT ON PRIVATE PROPERTY.
    A person who is the owner or is in lawful possession of private property, on which a vehicle has been abandoned, may have the vehicle towed from the property, providing the owner provides required notice pursuant to O.R.S. 98.830 before towing vehicle from private property.
(Prior Code, § 6.610) (Ord. 2020-01, passed 1-27-2020)
§ 74.04 TOWING WITHOUT NOTICE.
   (A)    An Enforcement Officer may immediately take custody of and tow a vehicle without prior notice if the vehicle:
      (1)   Constitutes a hazard or obstruction to motor vehicle traffic; or
      (2)   The vehicle was in possession of a person taken into custody by an Officer and no other reasonable disposition of the vehicle is available and the vehicle constitutes a hazard or obstruction, or is a target for vandalism or theft; or
      (3)   The vehicle has been reported stolen; or
      (4)   The vehicle bears license plates not issued for the vehicle according to the records of the Department of Transportation; or
      (5)   The vehicle is parked in a designated fire lane and prevents access of emergency vehicles.
   (B)   The owner of the vehicle shall be responsible for the costs of towing and storing the vehicle.
(Prior Code, § 6.615) (Ord. 2020-01, passed 1-27-2020)
§ 74.05 TOWING AND STORAGE LIENS.
   (A)   A person who, at the request of the Enforcement Officer, takes a vehicle or trailer into custody under provisions of §§ 73.055, 74.02 and 74.04 shall have a lien on the vehicle or trailer and its contents for reasonable towing and storage charges. If the appraised value of the vehicle or trailer is $500 or less, the vehicle or trailer shall be disposed of in the manner provided in § 74.11.
   (B)   If the vehicle is taken into custody under provisions of § 74.04 and held by the city, rather than by a private garage, the vehicle shall be disposed of in the manner provided in §§ 74.10 and 74.11.
(Prior Code, § 6.620) (Ord. 2020-01, passed 1-27-2020; Ord. 2024-04, passed 3-18-2024)
§ 74.06 PRE-TOWING NOTICE.
   (A)   When a vehicle or trailer is found in violation of § 74.02, the Enforcement Officer shall affix a pre-tow notice to the vehicle or trailer at least 24 hours prior to taking the vehicle or trailer into custody, excluding holidays, Saturdays, and Sundays.
   (B)   The pre-tow notice shall state:
      (1)   The vehicle or trailer is in violation of § 74.02;
      (2)   The vehicle or trailer may be taken into custody and towed if it is not removed before the date set by the city;
      (3)   The telephone number and address of the Police Department to obtain further information;
      (4)   If the vehicle or trailer is taken into custody and towed by the city, it will be subject to towing and storage charges and a lien will attach to the vehicle or trailer and its contents;
      (5)   The vehicle or trailer and its contents may be sold to satisfy the costs of towing and storage if the charges are not paid;
      (6)   The owner or person having an interest in the vehicle or trailer is entitled to a pre-tow hearing;
      (7)   If a pre-towing hearing is requested, the vehicle will not be towed until the Municipal Court makes a determination;
      (8)   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; and
      (9)   That a hearing must be requested in writing and delivered to the Municipal Court within 72 hours.
   (C)   This section does not apply to vehicles towed without notice pursuant to § 74.04.
(Prior Code, § 6.625) (Ord. 2024-04, passed 3-18-2024)
§ 74.07 POST-TOWING NOTICE.
   (A)    After a vehicle or trailer has been towed pursuant to §§ 73.055, 74.02 and 74.04, written notice shall be provided to registered owner(s) and any other person(s) having interest in the vehicle or trailer as shown in the records of the Department of Transportation.
   (B)   The notice will be mailed by certified mail within 48 hours of the tow, excluding holidays, Saturdays, and Sundays. The post-tow notice shall include the following information:
      (1)   The vehicle or trailer has been towed by the city pursuant to §§ 73.055, 74.02 and 74.04;
      (2)   The location of the vehicle or trailer and address and telephone number of the facility that may be contacted for information;
      (3)   The vehicle or trailer is subject to towing and storage charges and any outstanding parking tickets and administrative fees;
      (4)   The vehicle or trailer and its contents are subject to a possessory lien for the towing and storage charges;
      (5)   If the vehicle is not claimed by a specified date, the vehicle or trailer and its contents may be sold by the city or the towing and storage facility where the vehicle or trailer is located, and failure to timely reclaim the vehicle or trailer constitutes a waiver of all interest in the vehicle or trailer;
      (6)   The vehicle or trailer 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 all towing and storage charges or the deposit of cash security or a bond equal to the charges with the appropriate authority;
      (7)   The owner, possessor, or person having an interest in the vehicle or trailer is entitled to a prompt hearing contesting the validity of the tow and/or to contest the reasonableness of the towing and storage charges. The request must be submitted in writing to the Municipal Court not more than five days from the mailing date of the notice, excluding holidays, Saturdays, and Sundays.
   (C)   If no vehicle identification number, registration plates, or other markings on the vehicle or trailer can identify the owner, then no notice need be mailed or provided.
(Prior Code, § 6.630) (Ord. 2020-01, passed 1-27-2020; Ord. 2024-04, passed 3-18-2024)
§ 74.08 HEARINGS AND DETERMINATION.
   (A)   If a vehicle or trailer is proposed to be towed pursuant to § 74.02, a request for a hearing may be made in writing stating the grounds upon which the person requesting the hearing believes the proposed tow is not justified. The request must be delivered to the Municipal Court after the affixing of the pre-tow notice and prior to the towing of the vehicle or trailer. The Municipal Court shall set a time for the hearing within 72 hours of receipt of the request filed pursuant to this section, excluding holidays, Saturdays, and Sundays.
   (B)    In the case of a vehicle or trailer towed pursuant to §§ 73.055, 74.02 or 74.04, a written request for a hearing may be made stating the grounds upon which the person requesting the hearing believes the custody and towing of the vehicle or trailer is not justified. The request must be submitted to the Municipal Court not more than five days from the mailing date of the notice, excluding holidays, Saturdays, and Sundays. Upon receipt of a request for a hearing, the Municipal Court shall set a time for the hearing within 72 hours of its receipt of the request and shall provide notice of the hearing to the person requesting the hearing as well any lessors or security interest holders.
   (C)   If the Municipal Court finds substantial evidence on the record that the custody and towing of the vehicle or trailer was:
      (1)   Invalid, the Court shall order the immediate release of the vehicle or trailer to the owner or person with right of possession. If the vehicle or trailer is released under this division (C)(1), the person to whom the vehicle or trailer is released is not liable for any towing or storage charges. If the person has already paid the towing and storage charges on the vehicle or trailer, the city shall reimburse the person of the charges. New storage costs on the vehicle will not start to accrue, however, until more than 24 hours after the time the vehicle is officially released to the owner or person under this division (C)(1); or
      (2)   Valid, the Court shall order the vehicle or trailer to be held in custody until the costs of the hearing, administrative fees, outstanding parking tickets, towing, and storage costs are paid by the owner or person claiming the vehicle. If the vehicle has not yet been towed, the city shall order that the vehicle or trailer be towed if the code violation involving the vehicle or trailer has not been corrected.
   (D)   A person failing to appear at the hearing is not entitled to another hearing unless the person provides satisfactory reasons to the Municipal Court for the person’s failure to appear.
   (E)   The Court is required only to provide one hearing for each proposed or actual vehicle or trailer custody and/or tow.
   (F)    A hearing under this section may be used to determine the reasonableness of the charge for towing and storage of the vehicle or trailer. If the vehicle or trailer is towed by city equipment and personnel, the charges shall be fixed by Council resolution. Any private company that tows and stores any vehicle or trailer pursuant to §§ 73.055, 74.02 or 74.04 shall have a lien on the vehicle or trailer, in accordance with O.R.S. 87.152, for the just and reasonable charges for the tow and storage services performed. The tow company may retain possession of that vehicle or trailer until towing and storage charges have been paid.
   (G)   The determination of a hearings officer at a hearing under this section is final and is not subject to appeal.
(Prior Code, § 6.635) (Ord. 2020-01, passed 1-27-2020)
Loading...