Ord 2078 - Proc Impound Ab Vehcl
.....,
COUNCIL BILL NO. 1372
ORDINANCE NO. 2078
AN ORDINANCE PROVIDING PROCEDURES FOR THE IMPOUNDMENT AND
DISPOSITION OF ABANDONED VEHICLES ON CITY STREETS WITHIN THE CITY AND
DECLARING AN EMERGENCY.
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. Short title. This ordinance shall be known as "The Abandoned
Vehicle Ordinance."
Section 2. Puroose. This ordinance is intended to assure that due process of
law, requirements of notice and opportunity to be heard is provided to owners and/or
persons entitled to possession of vehicles subject to being towed, as provided herein.
Nothing contained herein is intended to limit the authority of any agency from
removing and taking custody of vehicles pursuant to ORS 819.100 - 819.130, or as
otherwise provided by law.
Section 3. Definitions. The following definitions are applicable to this
ordinance:
(1) "Abandoned" or "abandoned vehicle" means any vehicle that has been
deserted or relinquished. A vehicle shall be considered abandoned if it has remained
in substantially the same location on a city street, road, alley or other highway within
the boundaries of the city continuously for more than twenty-four (24) hours without
authorization from the city and one or more of the following conditions exist:
(a) The vehicle does not have a legally valid license plate lawfully
fixed to it; or
(b) The vehicle appears to be inoperative or disabled; or
(c) The vehicle appears to be wrecked, partially dismantled or junked.
(2) "Owner" means a person entitled to possession or any person with an
interest shown on the certificate of title to the vehicle and who is liable for the cost
of removal and disposition of the abandoned vehicle. The owner for purposes of this
ordinance shall be considered the person to whom the vehicle is registered according
to the Oregon Motor Vehicles Division records.
Page 1 -
COUNCIL BILL NO. 1372
ORDINANCE NO. 2078
-,
(3) "Private garage" means a private storage yard or garage or other storage
place provided for vehicles which are towed and stored pursuant to this ordinance.
(4) "Storage" means the holding of a vehicle, with the attendant fees for such
holding, at any private garage or other storage facility.
(5) "Towing" means the taking possession of a vehicle and removing it to a
storage facility at the request of a city police officer or code enforcement personnel.
(6) "Vehicle" means every device in, upon, or by which any person or property
is or may be transported or drawn upon any street or highway, and includes any hulk
or component thereof, including but not limited to campers, recreational vehicles,
pickup truck canopies and motor homes, except those devices:
(a) Moved exclusively by human power, and
(b) Used exclusively upon stationary rails or tracks.
Section 4. Pretowina Notice--Postina.
(1) Before any abandoned vehicle is taken into custody an abandoned vehicle
notice shall be issued to the legal owner and/or persons who reasonably appear to
have an interest in the vehicle, by posting on the vehicle. The notice shall contain the
following information:
(a) The name and identification number of the officer or employee
issuing the notice;
(b) That the vehicle shall be subject to being taken into custody and
removed by the city if the vehicle is not removed before the
designated time;
(c) The statute, ordinance or rule violated by the vehicle and under
which the vehicle will be removed;
(d) The place where the vehicle will be held in custody or the
telephone number and address of the city department that will
provide the information.
(e) That the vehicle, if taken into custody and removed by the city,
shall be subject to towing and storage charges and that a lien
shall attach to the vehicle and its contents;
(f) That the vehicle shall be sold according to state law to satisfy the
costs of towing and storage if the charges are not paid;
Page 2 -
COUNCIL BILL NO. 1372
ORDINANCE NO. 2078
- -------'---"""'f""'--'-
~...""
(g) That the owner, possessor or person having an interest in the
vehicle is entitled to a hearing, before the vehicle is towed, to
contest the proposed custody and removal if a hearing is timely
requested;
(h) That 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;
(i) The time within which a hearing must be requested and the
method for requesting a hearing.
(2) The notice provided in this section shall be given by both affixing a notice
to the vehicle and by mailing the notice by certified mail, return receipt requested at
least five days, not including Saturdays, Sundays and holidays, before taking the
vehicle into custody to the owners and any lessors or security interest holders at the
address of each as shown by the records of the Division of Motor Vehicles.
(3) If the legal owner and/or persons entitled to possession of the vehicle
request a hearing before the vehicle is taken into custody, the vehicle shall not be
taken until a hearing is set and held in accordance with Sections 8 and 9 of this
ordinance.
Section 5. Notice--Content
(1 ) After a vehicle has been taken into custody, notice shall be provided to the
legal owner and/or persons entitled to possession of the vehicle. The notice shall
state:
(a)
(b)
(c)
(d)
Page 3 -
.- ._._..__.._._~-
That the vehicle has been taken into custody and removed, the identity
of the city officer or employee 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;
The location of the vehicle or the telephone number and address of the
city department that will provide the information.
That 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;
That 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 shall
be sold to cover the charges if the charges are not paid by a date
specified by the city;
COUNCIL BILL NO. 1372
ORDINANCE NO. 2078
.....,
(e) That 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;
(f) The time within which a hearing must be requested and the method for
requesting a hearing;
(g) That the vehicle and its contents may be immediately reclaimed by
presentation to the city 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.
Section 6. NoticenMailina. Notice, required under Section 5, is deemed given
when a certified letter addressed to the registered owner of the vehicle and a similar
letter addressed to the legal owner, if any, return receipt requested and postage
prepaid thereon, is mailed within seventy-two hours (holidays, Saturdays and Sundays
excluded) after the vehicle is taken into possession under this ordinance.
If the vehicle is registered in the office of the Oregon Motor Vehicles Division, notice
may be addressed to the registered owner and the legal owner, if any, at the latest
respective address of each shown by the records in the office of the Oregon Motor
Vehicles Division. If the vehicle is not so registered, reasonably efforts shall be made
to ascertain the names and addresses of the legal owner and/or persons entitled to
possession of the vehicle so that notice may be mailed, if reasonable possible, within
the time period outlined in this Section.
Section 7. Notice--Hearing Reauest. The legal owner and/or person entitled to
possession of the vehicle must request a hearing within five days after receipt of
notice (holidays, Saturdays and Sundays excluded). The request for a hearing shall
be made in writing and addressed to the Woodburn Municipal Court. Failure to deliver
a written request for a hearing within five days after receipt of the notice shall act as
a waiver of the right to a hearing.
Page 4 -
COUNCIL BILL NO. 1372
ORDINANCE NO. 2078
....,
Section 8. Hearina--Date. Upon written request of the legal owner and/or
person entitled to possession of the vehicle, a hearing shall be held before the
Woodburn Municipal Judge. If reasonably possible the hearing shall be set and
conducted within seventy-two hours of receipt of the written request (holidays,
Saturdays and Sundays excluded). The hearing may be set for a later date if the
owner so requests or agrees. Any request or agreement for a later hearing must be
made in writing.
Section 9.
contest:
(a)
Hearina--What mav be contested. At the hearing the owner may
The validity of the action of the city in taking the vehicle into custody;
and
(b) The creation and reasonableness of the lien attached to the vehicle.
Section 10. Hearina--Securitv deoosit reauirement. After receipt of notice that
a vehicle has been taken into custody and a request for a hearing to determine the
validity of the tow or the creation and amount of the lien attached, the legal owner
and/or person entitled to possession of the vehicle may, upon request, retain
immediate possession of the vehicle upon the posting of a security deposit with the
Municipal court in an amount equal to the just and reasonable charges incurred in the
towing and storage of the vehicle. The amount of the security deposit shall be
determined by the Municipal Court. In the event that the owner and/or person entitled
to possession of the vehicle requests such a hearing and said person is determined to
be an indigent, the Municipal Court may reduce the amount of or waive the security
deposit requirement,
Section 11. Hearina to contest validitv of removal and custodv.
(1) The hearing provided under this ordinance to contest the validity and/or
reasonableness of the towing or storage charges shall be conducted substantially in
accordance with the provisions of ORS 819.190 and the Woodburn Municipal judge
shall exercise the authority described therein of hearings officer.
(2) The conduct of the hearing, presentation of evidence, burden of proof,
determination, findings and finality of as described in ORS 819.190 shall apply to the
hearing conducted by the Municipal Court
Section 12. Emeraencv Clause. This ordinance being necessary for the
immediate preservation of the public peace, health and safety, and emergency is
declared to exist and this ordinance shall take effect immediately upon passage by the
Council and approval by the Mayor.
11M ~. )
.,' "'/
Approved as to form: , ~. ^
City Attorney
2/ZD/7 Z-
Date '
Page 5 -
COUNCIL BILL NO. 1372
ORDINANCE NO. 2078
-.."
APPROVED: ~u) ~ ~
FRED W. KYSER, M OR
Passed by the Council February 24, 1992
Submitted to the Mayor February 25, 1992
Approved by the Mayor February 25, 1992
Filed in the Office of the Recorder February 25, 1992
ATTEST: 11~ ~
Mary Tenn'aht, City Recorder
City of Woodburn, Oregon
Page 6 -
COUNCIL BILL NO. 1372
ORDINANCE NO. 2078
..------.-..,.---------