Section
73.01 Unlawful
73.02 Owner of vehicle responsible party
73.03 City Recorder’s procedure
73.04 Custody of vehicle
73.05 Abandoned vehicles on private property
73.06 Vehicle appraised
73.07 Lien for towing and storage
73.08 Owner’s responsibilities
73.09 Sale of vehicle not reclaimed
73.10 Disposal of vehicle without notice and public auction
73.11 Certificate of sale
73.12 Return of sale and proceeds
It shall be unlawful for any person to abandon a vehicle within the city.
(Ord. 338, passed 10-14-1991) Penalty, see § 70.99
The owner of the vehicle as shown by the records of the Motor Vehicles Division shall be considered responsible for the abandonment of a vehicle in the manner prohibited by this section and shall be liable for the cost of removal and disposition of the abandoned vehicle.
(Ord. 338, passed 10-14-1991) Penalty, see § 70.99
If the City Recorder has reason to believe a vehicle is disabled or abandoned the City Recorder or the City Recorder’s designee shall implement the following procedure.
(A) Notice shall be given by affixing a citation to the vehicle and by mail to the owner and any lessors or security interest holders at the address of each as shown by the records of the Motor Vehicles Division.
(B) The citation and the mailing shall state all of the following:
(1) The vehicle will be subject to being taken into custody and removed by the City Recorder if the vehicle is not removed before the time set by the City Recorder;
(2) The ordinance violated by the vehicle and under which the vehicle will be removed;
(3) The place where the vehicle will be held in custody or the telephone number and address where the information will be provided;
(4) The vehicle, if taken into custody and removed by the city, will be subject to towing and storage charges and that a lien will attached to the vehicle and its contents;
(5) The vehicle will be sold to satisfy the costs of towing and storage if the charges are not paid;
(6) The owner, possessor, or person having an interest in the vehicle is entitled to a hearing, before the vehicle is impounded, to contest the proposed custody and removal if a hearing is timely requested;
(7) 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
(8) The time within which a hearing must be requested and the method for requesting a hearing.
(C) Provide a hearing if one is requested by the owner, possessor, or any other person who reasonably appears to have an interest in the vehicle to contest the validity of the removal and custody or proposed removal and custody of a vehicle. A request for a hearing must be made by submitting a request with the City Recorder not more than five days from the mailing date of the notice, not including weekends and holidays. A hearing under this section shall comply with all of the following:
(1) If the City Recorder receives a request for hearing before the vehicle is taken into custody and removed, the vehicle shall not be removed unless the vehicle constitutes a hazard;
(2) A request for hearing shall be in writing and shall state grounds upon which the person requesting the hearing believes that the custody and removal of the vehicle is not justified;
(3) Upon receipt of a request for a hearing under this section, the City Recorder shall schedule a hearing with the Council which shall not be later than the second regular Council meeting following the filing of the written appeal, within 72 hours of the receipt of the request and shall provide notice of the hearing to the person requesting the hearing and to the owners of the vehicle and any lessors or security interest holders shown in the records of the Division, if not the same as the person requesting the hearing. The 72-hour period in this division (C) does not include holidays, Saturdays, or Sundays.
(4) If the Council finds, after hearing and by substantial evidence on the record, that the custody and removal of a vehicle was:
(a) Invalid, the Council shall order the immediate release of the vehicle to the owner or person with right of possession. If the vehicle is released under this division (C)(4)(a), the person to whom the vehicle 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, the City Recorder shall reimburse the person for 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 person under this division (C)(4)(a); or
(b) Valid, the Council shall order the vehicle to be held in custody until the costs of the hearing and all towing an storage costs are paid by the party claiming the vehicle. If the vehicle has not yet been removed, the Council shall order its removal.
(5) A person who fails to appear at a hearing under this section is not entitled to another hearing unless the person provides reasons satisfactory to the City Recorder for the person’s failure to appear.
(6) The City Recorder is only required to provide one hearing under this section for each time the City Recorder takes a vehicle into custody and removes the vehicle or proposes to do so.
(7) A hearing under this section may be used to determine the reasonableness of the charge for towing and storage of the vehicle. Towing and storage charges set by law, ordinance, or rule or that comply with law, ordinance, or rule are reasonable for purposes of this division (C)(7).
(8) The City Recorder shall provide a written statement of the results of a hearing held under this section to the person requesting the hearing.
(9) Hearings held under this section may be informal in nature, but the presentation of evidence in a hearing shall be consistent with the presentation of evidence required for contested cases under O.R.S. 183.450.
(10) The hearings officer at a hearing under this section may be an officer, official, or employee of the appropriate authority but shall not have participated in any determination or investigation related to taking into custody and removing the vehicle that is the subject of the hearing.
(11) The determination of the Council at a hearing under this section is final and is not subject to appeal.
(D) After providing notice required under this section and, if requested, a hearing under this section, the City Recorder may take a vehicle into custody and remove the vehicle if:
(1) The City Recorder has reason to believe the vehicle is disabled or abandoned; and
(2) The vehicle has been parked or left standing upon any public way for a period in excess of 24 hours without authorization by statute or city ordinance.
(Ord. 338, passed 10-14-1991)
The City Recorder may immediately take custody of a vehicle that is disabled, abandoned, parked, or left standing unattended on a road or highway right-of-way and that is in such a location as to constitute a hazard or obstruction to motor vehicle traffic using the road or highway.
(A) After taking a vehicle into custody under this section the City Recorder shall give notice by mail within 48 hours, not including holidays or weekends, to the owners of the vehicle and any lessors or security interest holders as shown in the records of the Motor Vehicles Division with an explanation of procedures available for obtaining a hearing under § 73.03(C) of this section.
(B) Any notice given under this section after a vehicle is taken into custody and removed shall state all of the following.
(1) The vehicle has been taken into custody and removed, the identity of the appropriate authority that took the vehicle into custody and removed the vehicle and the statute, ordinance, or rule under which the vehicle has been taken into custody and removed.
(2) The location of the vehicle or the telephone number and address of the appropriate authority that will provide the information.
(3) The vehicle is subject to towing and storage charges, the amount of charges that have accrued to the date of the notice and the daily storage charges.
(4) The vehicle and its contents are subject to a lien for payment of the towing and storage charges and that the vehicle and its contents will be sold to cover the charges if the charges are not paid by a date specified by the City Recorder.
(5) The owner, possessor, or person having an interest in the vehicle and its contents is entitled to a prompt hearing to contest the validity of taking the vehicle into custody and removing it and to contest the reasonableness of the charges for towing and storage if a hearing is timely requested.
(6) The time within which a hearing must be requested and the method for requesting a hearing.
(7) The vehicle and its contents may be immediately reclaimed by presentation to the City Recorder of satisfactory proof of ownership or right to possession and either payment of the towing and storage charges or the deposit of cash security or a bond equal to the charges with the City Recorder.
(C) If a hearing is requested, the City Recorder shall provide the hearing as described under § 73.03(C) of this section.
(Ord. 338, passed 10-14-1991)
(A) The City Recorder may take custody of and remove a vehicle that is on private property if:
(1) The owner or person in lawful possession of the land requests the removal; and
(2) The vehicle is parked or left standing upon the property without the express consent of the owner or person in lawful possession or control of the property.
(B) The City Recorder is not required to give notice of hearing when taking custody of a vehicle under this section.
(Ord. 338, passed 10-14-1991)
(A) Except as otherwise provided by this section, a person shall have a lien on the vehicle and its contents if the person, at the request of the City Recorder, tows any vehicle enumerated in this section.
(B) A lien established under this section shall be on the vehicle and its contents for the just and reasonable charges for the towing service performed and any storage provided. The person holding the lien may retain possession of the vehicle and contents until the charges on which the lien is based are paid. A lien described under this section does not attach to the contents of any vehicle taken from public property until 15 days after taking the vehicle into custody.
(C) A person who tows any vehicle, at the request of the City Recorder, under this section shall provide written notice, approved by the City Recorder, containing information on the procedures necessary to obtain a hearing under § 73.03(C). The notice shall be provided to each person who seeks to redeem the vehicle.
(Ord. 338, passed 10-14-1991)
The owner, a person entitled to possession or any person with an interest shown on the certificate of title of a vehicle taken into custody under this section is liable for all costs and expenses incurred in the removal, preservation, and custody of the vehicle and its contents except that:
(A) The owner or person entitled to the vehicle is not liable for nor shall be required to pay storage charges for a period in excess of 60 days;
(B) A security interest holder is not liable under this division (B) unless the security interest holder reclaims the vehicle;
(C) May reclaim the vehicle at any time after it is taken into custody and before the vehicle is sold or disposed of under §§ 73.09 or 73.10 upon presentation to the City Recorder of satisfactory proof of ownership or right to possession and upon payment of costs and expenses for which the person is liable under this section;
(F) If the vehicle is sold or disposed of under § 73.09, has a right to claim the balance of the proceeds from the sale or disposition at any time within two years after the sale or disposition of the vehicle; and
(G) Has no right to a hearing if the vehicle is taken into custody under § 73.05.
(Ord. 338, passed 10-14-1991)
(A) (1) If a vehicle taken into custody under this section is not reclaimed within 30 days after it is taken into custody, the City Recorder shall sell the vehicle and its contents at public auction in the manner prescribed by state law; or
(2) Dispose of the vehicle as provided in § 73.10.
(B) The contents of any vehicle sold under this section are subject to the same conditions of sale as the vehicle in which they are found.
(Ord. 338, passed 10-14-1991)
(A) If the vehicle is appraised at less than an amount that shall be determined by the City Council, the City Recorder may dispose of the vehicle without notice and public auction if any of the following occur:
(1) The owner of the vehicle and any lessor or security interest holder shown in the records of the Division sign a release under oath, disclaiming any future interest in the vehicle; or
(2) The owner and any lessor or security interest holder shown in the records of the Division have been sent notification of the location of the vehicle and, within 15 days after the date the notification is mailed, the persons notified have not signed releases or the vehicle has not been reclaimed. Failure to sign a release or to reclaim the vehicle shall constitute a waiver of interest in the vehicle.
(B) If the City Recorder intends to dispose of a vehicle under this section, the City Recorder shall do all of the following:
(1) File with the Division an affidavit describing the vehicle, and stating the location and appraised value of the vehicle and that the vehicle will be junked or dismantled;
(2) Surrender the registration plates of the vehicle, if any, to the Division;
(3) Include in the affidavit a statement that any notice required under this section has been provided; and
(4) Forward any release of interest completed under this section to the Division.
(C) Upon completion of the requirements under this section, the City Recorder may sell the vehicle without notice and public auction to any of the person described in this division (C). The City Recorder shall issue to the person purchasing the vehicle a certificate of sale described under § 73.11. The City Recorder may sell a vehicle under this section to the following:
(1) A wrecker possessing a valid wrecker certificate under state law;
(2) Any other person who complies with the requirements and executes the forms furnished by the Motor Vehicles Division. The forms required by the Motor Vehicles Division shall be included with the certificate of sale described in § 73.11.
(Ord. 338, passed 10-14-1991)
When any vehicle is sold under §§ 73.09 or 73.10, the City Recorder, at the time of the payment of the purchase price, shall execute a certificate of sale in duplicate. The original certificate of sale shall be delivered to the purchaser and the copy shall be retained by the City Recorder. The certificate of sale shall contain the name and address of the purchaser, the date of sale, the consideration paid, a description of the vehicle and a stipulation that no warranty is made as to the condition or title of the vehicle.
(Ord. 338, passed 10-14-1991)
(1) A description of the vehicle;
(2) The purchase price;
(3) The name and address of the purchaser;
(4) The costs incurred in the sale; and
(5) The costs and expenses incurred in the removal, preservation and custody of the vehicle.
(B) The City Recorder shall transmit to the manager or designee with the return of sale, the balance of the proceeds of the sale. The City Recorder may deduct from the proceeds the costs incurred in the sale and the costs and expenses incurred in the removal, preservation, and custody of the vehicle. Upon receipt of the return of sale and such proceeds, the City Recorder shall deposit such proceeds in the General Fund of the city and file in the City Recorder’s office the return of sale.
(Ord. 338, passed 10-14-1991)