A. Request For Hearing:
1. The persons provided notices in section 6-5-4 of this chapter or any other person who reasonably appears to have an interest in the vehicle impounded may request a hearing to contest the impoundment and any charges assessed by submitting a request for hearing to the city not more than five (5) days from the mailing of the notice required in section 6-5-4 of this chapter. The five (5) day period does not include holidays, Saturdays, or Sundays. The request shall be made in writing to the city of Heppner and shall state the grounds upon which the person requesting the hearing believes the impounding of the vehicle was not justified. Failure to make a timely request for a hearing shall constitute a wavier of the right to a hearing.
B. Hearing Procedures:
1. When a timely request for a hearing is made, a hearing shall be held before the Morrow County justice of the peace within four (4) calendar days of the receipt of the request. The four (4) day period does not include holidays, Saturdays or Sundays. Notice of the hearing shall be provided to the person requesting the hearing, the owners of the vehicle and any lessors or security interest holders shown in the records of the department of transportation. The hearing can be set for a later date if the owner or person entitled to possession so requests.
2. At the hearing, the person requesting the hearing may contest the validity of the impound.
3. The city shall have the burden of proving by a preponderance of the evidence there was reasonable grounds to believe the vehicle was being operated in violation of Oregon Revised Statutes 806.010, 807.010, 811.175, 811.182 or 813.010, as those statutes currently exist or are amended in the future. The city may present evidence either by testimony of the police officer or by affidavit in lieu of making a personal appearance. If the city's evidence is presented only by affidavit and the justice judge cannot resolve a question by information contained in the affidavit, the hearing may be held open for reasonable time to complete the record.
C. Decision Of The Justice Judge: If the justice judge finds that:
1. Impound of the vehicle was proper, the justice judge:
a. Shall enter an order supporting the removal; and
b. Shall find the owner or person entitled to possession is liable for any towing, storage and administrative charges resulting from the impound; and
c. May find the owner or person entitled to possession is liable for costs of the hearing, including costs of the justice judge and any witnesses.
2. Impound of the vehicle was improper, the hearing officer shall:
a. Order the vehicle released to the owner or person entitled to possession;
b. Find the owner or person entitled to possession is not liable for any towing or storage charges resulting from the impound; and
c. Order the city to satisfy the towing and storage lien.
D. Decision Final: The decision of the hearing officer is final.
E. Nonappearance: If the person requesting the hearing does not appear at the scheduled hearing, the justice judge may enter an order supporting the impound and assessment of towing, storage, and administrative costs, and shall add an assessment for the costs of the justice judge and any witnesses who appeared at the time set for hearing. (Ord. 527-99, 9-13-1999)