(A) Any company that tows or stores a vehicle pursuant to this chapter shall have a lien on the vehicle for the just and reasonable charges for the tow and storage services performed. The towing company may retain possession of the vehicle until towing and storage charges have been paid. The priority for such lien shall be inferior to the charges imposed by the city for immobilization or towing of the vehicle.
(B) If the required towing and storage charges have been paid, the vehicle shall be released immediately to the person(s) entitled to lawful possession. For the purpose of this section,
LAWFUL POSSESSION shall mean the owner, the person who was lawfully in the possession or control of the vehicle at the time it was towed or to a person who purchased the vehicle from the owner and who produces written proof of ownership as well as satisfaction of § 74.16.
(C) If a vehicle is not reclaimed within 30 days after it is impounded, the city may dispose of the vehicle and its contents. The city shall first give the person who towed and is storing the vehicle ten days written notice of the city’s intent to dispose of the vehicle under this section; provided, that such written notice may be given prior to 30 days after the vehicle is impounded.
(D) At any time after 30 days after the vehicle notice of removal has been provided pursuant to § 74.11, or 30 days after the date the vehicle is towed if no notice is required pursuant to § 74.11(B), the city may institute proceedings to sell the vehicle and its contents. The sale may be held with or without public auction. The city shall have the vehicle appraised by a person who has been issued an appraiser’s certificate by the State Department of Transportation that the city will be disposing of the vehicle.
(E) Notice of sale of the vehicle shall be given to the owner and any lessors and security interest holders as shown in the records of the Department of Transportation, by registered or certified mail at least 30 days prior to the sale. In addition, the city shall post a notice of sale in a public place located within the City Hall. The notice of sale shall contain a particular description of the vehicle, the name of the owner, the amounts due under this chapter for towing, storage and other charges, and the time, place and manner of sale. If the vehicle is appraised at a value of $2,500 or greater, notice of sale shall be printed once a week for two successive weeks in a daily or weekly newspaper generally circulated in the county.
(F) A person holding a security interest may, prior to sale, obtain release of the vehicle by providing entitlement to possession as required by § 74.16 (and by paying the amounts due in § 74.09) and the towing and storage charges. If a person holding a security interest in the vehicle fails to do so prior to the date of sale, the person’s security interest is extinguished. If the city fails to notify a person holding a properly perfected security interest of the sale as required by this section, then the vehicle remains subject to the security interest, and any subsequent purchaser takes the vehicle subject to the security interest.
(G) (1) If the vehicle is appraised at a value of $500 or less, the city may dispose of the vehicle and its contents by sale to a person who holds a valid wrecker’s certificate issued under ORS 822.110 or may dispose of the vehicle at public auction.
(2) (a) If the vehicle is appraised at a value less than $1,000 but more than $500, the city may dispose of the vehicle and its contents by sale to a person who holds a valid wrecker’s certificate issued under ORS 822.110 if:
1. The owner of the vehicle, any lessor or holder of a security interest shown in the records of the Department of Transportation sign a release, under oath, disclaiming any interest in the vehicle; or
2. The owner of the vehicle, any lessor or holder of a security interest shown in the records of the Department of Transportation have been provided notice of removal as provided in § 74.02 and have failed to sign a release or reclaim the vehicle.
(b) In all other cases where the vehicle is appraised at a value less than $1,000 but more than $500, the vehicle shall be sold at public auction.
(3) If the vehicle is appraised at a value of $1,000 or more, the city shall sell the vehicle at public auction.
(H) Upon sale and payment of the purchase price, the city shall execute a certificate of sale in duplicate. The original certificate of sale shall be delivered to the purchaser and the copy retained by the city. The certificate of sale shall contain the name and address of the purchaser, the date of sale, the price paid, a description of the vehicle and a stipulation that the sale is without any warranty as to the condition or title of the vehicle. The purchaser shall be notified that the purchaser might be required to apply for a salvage title under ORS 819.010. The purchaser shall be entitled to be issued title and a registration card for the vehicle, or to be issued a salvage title to the vehicle.
(I) (1) When a vehicle is sold pursuant to this section, the city shall provide a return of sale to the Department of Transportation setting forth a description of the vehicle, the purchase price, the name and address of the purchaser, the costs incurred in the sale and the costs and expenses incurred in the removal, preservation and custody of the vehicle.
(2) The city shall deduct from the proceeds of the sale the costs incurred in the sale and the costs and expenses incurred in the removal, preservation and custody of the vehicle; provided, however, that the city shall only disburse proceeds to the person who towed and stored the vehicle if that person property perfected their lien under ORS 87.176. The city’s finance officer shall then deposit the proceeds from the sale in a fund specifically designated for such purpose and shall file a copy of the return of sale, along with a copy of any notices required by this section in the records of the city. At any time within two years after the sale of a vehicle, the former owner or former security interest holder may recover the proceeds, minus costs incurred in the sale and costs of removal, preservation and custody of the vehicle and fee charged pursuant to § 74.09, along with interest at the legal rate, by filing a claim with the city, proving the person’s ownership or security interest in the vehicle as of the date of sale. If no person has filed a claim within two years of the date of sale, then the proceeds shall be deposited in city’s General Fund.
(Ord. 1203, passed - -1999)