(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)