Ordinance No. 90-04 ORDINANCE NO.
AN ORDINANCE AMENDING TITLE 7, CHAPTER 7.50 OF THE TIGARD MUNICIPAL
CODE BY ADDING NOTICE AND HEARING PROVISIONS FOR ABANDONED VEHICLES
WHEREAS, recent Supreme Court rulings require specific notice
and hearing rights when an abandoned vehicle is towed; and
WHEREAS, the City of Tigard wishes to assure that all citizens
have the right to notice and hearing when their vehicle is towed;
now, therefore,
THE CITY OF TIGARD DOES ORDAIN AS FOLLOWS:
Section 1. Section 7.60.010(1) is amended to read as
follows:
"Section 7.60.010 Definitions.
(1) 'Abandoned' or 'abandoned vehic('l means
any vehicle that has been deserted or
relinquished. A vehicle shall be considered
abandoned if it has remained in the same
location for more than 24 hours and one or more
of the following conditions exist:
(a) The vehicle does not have an
unexpired 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."
Section 2. Chapter 7.60 of the Tigard Municipal Code is
amended by adding Section 7.60.015 to read as follows:
"Section 7.60.015 Abandoned Vehicles
Offense. (a) A person commits the offense of
abandoning a vehicle if the person abandons the
vehicle on any public right-of-way or on public
property of the City of Tigard.
(b) The owner of the vehicle as shown by
the .records of the Department of Motor Vehicles
shall be considered responsible for the
abandonment of a vehicle and shall be liable
for the cost of removal and disposition of the
abandoned vehicle.
(c) A vehicle abandoned in violation of
this section is subject to the provisions for
removal of abandoned vehicles under Sections
7.60.020 to 7.60.030 and to being sold as
provided under Sections 7.60.070 to 7.60.110.
(d) The offense described in this
section, abandoning a vehicle, is a class is
traffic infraction."
Section 3. Section 7.60.020 is amended to read as follows:
"Section 7.60.020 Removal -- Notice. (a) It
shall be the duty of the police department,
whenever a vehicle is found abandoned on any
public right-of-way or on public property, to:
(1) Make a routine investigation to
discover the owner and request removal of the
vehicle; or
(2) Failing to discover the owner by such
a process, to make diligent inquiry as to the
name and address of the owner of the vehicle
by examining such vehicle for license number,
I.D. number, make, style and any other
information which will aid in the
identification of the ownership of the vehicle,
and transmitting all available information
pertaining to the vehicle to the Department of
Motor Vehicles of this state with an inquiry
for the name and address of the owners and any
lessors or security interest holders.
(3) If the owner cannot be identified or
located or does not remove the vehicle upon
request to do so, to give notice to remove the
vehicle by both of the following methods:
(a) By affixing a Notice to Tow to the
vehicle with the required information.
(b) By mailing notice, by certified mail
with the receipt stamped as proof of mailing,
at least five days before taking the vehicle
into custody, with the required information to
the owners and any lessors or security interest
holders at the address of each shown by the
records of the Department of Motor Vehicles,
The five-day period under this paragraph does
not include holidays, Saturdays or Sundays.
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(4) The notice shall state all of the
following:
(a) That the vehicle will be subject to
being taken into custody and removed by the
City if the vehicle is not removed within
twenty-four (24) hours.
(b) That the vehicle violates Chapter
7.60 of the Tigard Municipal Code and the
vehicle will be removed under the authority of
that chapter.
(c) The place where the vehicle will be
held in custody or the telephone number and
address of the appropriate authority that will
provide the information.
(d) That the vehicle, if taken into
custody and removed by the City, will be
subject to towing and storage charges and that
a lien will attach to the vehicle and its
contents.
(e) That the vehicle and its contents
will be sold by the City or the towing and
storage facility where the vehicle is located
to satisfy the costs of towing and storage if
the charges are not paid.
(f) That 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.
(g) That the owner, possessor or person
having an interest in the vehicle may also
challenge the reasonableness of any toning and
storage charges at the hearing.
(h) That a hearing must be requested not
more than five days, holidays, Saturdays or
Sundays not included, from the mailing date of
the notice and the method for requesting a
hearing. If a timely request for a hearing is
received prior to towing the vehicle, the
vehicle shall not be removed pending the
outcome of the hearing.
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(5) The notices in Subsection (3) above
are not required when the vehicle is abandoned
in such a location as to constitute a hazard
or obstruction to traffic using the public
right-of-way or public property. 'upon
discovery, thepolice department
�.^ May
immediately take cYLVtVs:y of and remove a
vehicle constituting a hazard. However, the
City shall provide the notice described in
Section 7.60.050 and, if requested, a hearing
described under Section 7.60.055."
Section 4. Section 7.60.030 is amended to read as follows:
"Section 7 60.030 Removal -- Procedure.
An abandoned vehicle which remains in the same
position for a period of five days, holidays,
Saturdays or Sundays not included, after an
owner has been requ9sted to remove it or after
notice has been given as required by Section
7.06.020 shall be removed by the police
department using their own personnel, equipment
or facilities or those of others."
Section 5. Section 7.60.040 is amended to read as follows:
"Section 7 60 040 Possessory lien for
towing charges. (a) A person shall have a
lien on the vehicle and its contents if the
person, at the request of the City tows an
abandoned vehicle.- 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 lien shall be subject
to the provisions for liens under ORS
98.812(3) . 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.
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(b) A person who tows any vehicle at the
request of the City shall provide written
notice, approved by the City, containing
information on the procedures necessary to
obtain a hearing. Each person who redeems a
vehicle shall sign a copy of the receipt
issued, indicating that they have received
notice of their right to a hearing."
Section 6. Section 7.60.050 is amended to read as follows:
"Section 7.60.050 Impoundment -- Notice.
(1) If the City takes custody of a vehicle,
the City shall provide, by certified mail with
the receipt stamped as proof of mailing, within
forty-eight (48) hours of the removal, notice
with an explanation of procedures available for
obtaining a hearing to the owners of the
vehicle and any lessors or security interest
holders as shown in the records of the
Department of Motor Vehicles. The notice shall
state that the vehicle has been taken into
custody and shall give the location of the
vehicle and describe procedures for the release
of the vehicle and for obtaining a hearing.
The forty-eight (48) hour period under this
section does not include holidays, Saturdays
or Sundays.
(2) Any notice given under this section after
a vehicle is taken into custody and removed
shall state all of the following:
(a) That the vehicle has been taken into
` custody and removed by the City, that the
vehicle violated Chapter 7.60 of the Tigard
Municipal Code and that the vehicle was removed
under the authority of that chapter.
(b) The place where the vehicle is being
held in custody or the telephone number and
address of the appropriate authority that will
provide the information.
(c) 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.
ORDINANCE NO. C�
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(d) That the vehicle and its contents are
subject to lien for payment of the towing and
storage charges and that the vehicle and its
contents will be sold by the City or the towing
and storage facility where the vehicle is
located to cover the charges if the charges are
not paid within fifteen (15) days.
(e) That the owner, possessor or person
having an interest in the vehicle and its
contents is entitled to a prompt nearing 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) That a hearing must be requested not
more than five days, holidays, Saturdays or
Sundays not included, from the mailing date of
the notice and the method for requesting a
hearing.
(g) That the vehicle and its contents may
be immediately reclaimed by presentation to the
appropriate authority of satisfactory proof of
ownership or right to possession and payment
of the towing and storage charges."
Section 7. Chapter 7.60 is amended by adding Section 7.60.55
to read as follows:
"Section 7.60.055 Hearing to contest validitv
of custody and removal. A person provided
notice under Section 7.60.020 or 7.60.050 or
any other person who reasonably appears to have
an interest in the vehicle may request a
hearing under this section to contest the
validity of the removal and custody under
Section 7.60.050 or the proposed removal and
custody of a vehicle under Section 7.60.020 by
submitting a request for hearing with the City
not more that five days from the :nailing date
of the notice. The five-day period in this
section does not include holidays, Saturdays
or Sundays. A hearing under this section shall
comply with all of the following:
(1) If the City proposes to remove a
vehicle under Section 7.60.020 and receives a
request for hearing before the vehicle is taken
into custody and removed, the vehicle shall not
be removed unless it constitutes a hazard.
ORDINANCE ;NO.
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s:
(2) A request for hearing shall be in
writing and shall state grounds upon which the
person requczting the hearing believes that the
custody aiid removal of the vehicle is not
justified.
(3) Upon receipt of a request for a
hearing under this section, the City shall set
a time for a hearing 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 Department of Motor
Vehicles, if not the same as the person
requesting the hearing. The 72-hour period in
this subsection does not include holidays,
Saturdays or Sundays.
(4) If the City finds, after hearing and
by substantial evidence on the record, that the
custody and removal of a vehicle was:
(a) Invalid, the City shall order the
immediate release of the vehicle to the owner
or person with right to possession. If the
vehicle is released under this paragraph, the
person to whom the vehicle is released is not
liable for any pre-decision towing or storage
charges. If the person has already paid the
towing and storage charges on the vehicle, the
City shall reimburse the person for the
charges The person shall be liable for new
storage charges incurred after the decision.
New storage charges on the vehicle will not
start to accrue until more than 24 hours after
the time the vehicle is officially released to
the person.
(b) Valid, the City shall order the
vehicle to be held in custody until the costs
of the hearing and all towing and'storage costs
are paid by the person claiming the vehicle.
If the vehicle has not yet been removed, the
City 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 for the
person's failure to appear.
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(6) The'City is only required to provide
one hearing under this section for each time
the City 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 subsection.
(8) The City shall provide a written
statement of the results of the hearing to the
person requesting the hearing.
(9) Hearings held under this section may
be informal in nature, but shall afford a
reasonable opportunity for the person
requesting the hearing to demonstrate by the
statements of witnesses and other evidence,
that the tow and/or storage of the vehicle was
invalid, or for any other reason not justified.
(10) The hearings officer at a hearing
under this section may be an officer, official
or employee of the City, other than the Tigard
Police Department, 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 heaving. The hearings officer may
promulgate necessary rules and regulations for
conducting the hearings.
(11) The determination of the hearings
officer at a hearing is final and is not
subject to appeal."
Section 8. Chapter 7.60 is amended by adding Section 7.60.057
to read as follows:
"Section 7.60.057 Exemption for criminal
investigation. A vehicle that is being held
as part of any criminal investigation is not
subject to any .requirements of Section
7.60.020, 7.60.050 and 7.60.055."
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Section 9. Section 7.60.060 is amended to read as follows:
"S-ection 7.60.060 Appraisals. A person
who is issued an appraiser certificate by the
Department of Motor Vehicles shall be the only
person qualified to appraise vehicles for sale
under Sections 7.6G.070 and 7.60.0$0-7.60.;390."
Section 10. Section 7.60.070(a) is amended to read as follows:
"Section 7.60.070 Vehicles--Disposition.
As often as necessary, the Chief of Police
shall be provided with a list of all unclaimed
vehicles which have been towed and stored by
or for the City.
(a) If the vehicle has been stored more than
15 days and has been appraised at seven hundred
fifty dollars ($750) , or less, or has been in
storage for 30 days or longer, the Chief of
Police or designee shall as soon as convenient,
authorize the sale of, or sell the vehicle in
accordance with the pgvisions of any contract
authorized by the Council and pertaining
thereto. If there is no such contract and the
vehicle is valued at $750 or Tess, the Chief
of Police shall file with the Department of
Motor Vehicles the license plates, if any, and
an affidavit describing the vehicle, stating
the location and appraised value of the
vehicle, and stating that the vehicle will be
junked or dismantled. The Chief of Police or
designee shall state that notice of intent to
junk or dismantle the vehicle has been sent
with notification of the location of the
vehicle to the owner."
Section 11. Section 7.60.070 is amended by adding 'Section
7.60.070(e) to read as follows:
c'(e) In the event a vehicle is sold in
accordance with the provisions of a contract,
the Chief of Police shall ensure that, at the
time of sale, that a certificate of sale in
substantially the same form as described in
Subsection 7.60.070(d) is issued to the
purchaser."
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Section 12. Section 7.60.080(a) is amended to read as follows:
v
"Section 7.60.080 Sale--Notice. (a) The
Grief of Police may decide to sell at public
auction any vehicles which have not been
claimed within 30 days and which are valued at
$750 or more, if there is no contract
authorized by the Council pertaining thereto.
if there is to be a public auction, the Chief
of Police shall cause to be published, in a
newspaper of general circulation within the
city, a notice of sale which shall state:
(1) The sale is of abandoned property in
the city's possession;
(2) A description of the vehicle,
including the type, make, license number, I.D.
number and any other information which will aid
in accurately identifying the vehicle;
(3) The terms of the sale;
(4) The date, time and place of the
sale."
Section 13. Section 7.60.090(a) is amended to read as follows:
"Section 7764.090 Sale--Procedure. (a)
If the Chief of Police decides to sell any
vehicles at public auction under the provisions
of Section 7.60.080, then the Chief of Police
shall hold a sale at the time and place
appointed ;with the vehicle to be sold in view."
Section 14. Section 7,60.130 is amended to read as follows:
"Section7.60.130 Charges. A person or
owner entitled to a vehicle held under the
provisions of this Chapter is not liable for
nor shall be required to pay storage charges
for a period in excess of Go days."
Section 15. Section 7.60.140 is amended to read as follows:
j "Section 7.60.140 Forms. All forms
necessary to implement and enforce the
provisions of this ordinance shall be prepared
and on file in the city recorder's office."
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Section 16. Section 7.60.150 is amended to read as follows:
"Section _ 7.60.150 Claim of owner to
uroceeds. (a) If the vehicle is sold by tha
Chief of Police under the provisions of Section
7.60.070 or 7.60.080 and 7.60.090, then at any
tamp within two years after the sale of the
vehicle the farmer owner of the vehicle may
recover the proceeds of the sale, as deposited
in the general fund of the City pursuant to
Section 7.60.110, by filing a claim with the
City Treasurer. Such claims shall be audited
in the same manner as other claims against the
City.
(b) If the vehicle is sold under the
provisions of a contract, the balance of the
proceeds of the sale, with Fa return of sale,
shall be transmitted to the City Treasurer for
deposit in the general fund of the City. The
towing and storage facility under contract may
deduct from the proceeds of the sale the costs
incurred in the sale and the costs and expenses
in the removal, preservation and custody of the
vehicle. At any time within two years after
the sale of the vehicle the farmer owner of the
vehicle may recover the proceeds of the sale,
r as deposited in the general fund of the City,
by filing a claim with the City Treasurer. "
PASSED: By WI?%lY1 6 _ vote of all Council
members present, his =+ day of� -L9-i&d 1990.
erine W Utley, Be~puty C ty Recorder
APPROVED: s d f , 1990.
Gera awards, Mayor
Approved as to form:
Z;�-H--:2-nK
City Attorney
m,.d\tfBard\abandveh.aie
ORDINANCE NO.
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