(A) In the event a person wishes to contest the validity of the impoundment of a vehicle seized pursuant to this chapter, the person(s) must file a request to the city for a hearing within five calendar days of the impoundment.
(B) When a timely request for a hearing is made, a hearing shall be held before a hearings officer designated by the city. The hearing shall be set for four calendar days after the request is received, excluding Saturdays, Sundays and holidays, but may be postponed at the request of the person requesting the hearing. The city shall have the burden of proving by a preponderance of the evidence that there were reasonable grounds to believe that the vehicle was being operated in violation of O.R.S. 806.010, 807.010, 811.175, 811.182 or 813.010 or any provision of this chapter for which towing and impoundment are city remedies.
(C) The police officer or parking enforcement officer who ordered the vehicle impounded may submit an affidavit to the hearings officer in lieu of making a personal appearance at the hearing.
(D) If the hearings officer finds that the impoundment of the vehicle was proper, the hearings officer shall enter an order affirming the removal and shall find that the owner or person entitled to possession of the vehicle is liable for the administrative fee and for usual and customary towing and storage charges. The hearings officer may also find the owner or person entitled to possession of the vehicle liable for costs of the hearing. If the hearings officer finds that reasonable grounds for the impoundment of the vehicle was not supported by a preponderance of the evidence, then the hearings officer shall order the vehicle released to the person entitled to possession and shall enter a finding that the owner or person entitled to possession of the vehicle is not liable for the administrative fee and any towing or storage costs resulting from the impoundment. If there is a lien on the vehicle for towing and storage charges, the hearings officer shall order it paid by the city.
(Prior Code, § 72.072) (Ord. 1249a, passed 6-7-2010)