Admin Order 56-01-01-F - Laserfiche WebLink

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(h) The time within which a hearing must be requested and the method for requesting a hearing. (i) That the vehicle and its contents may be immediately reclaimed by posting bail and paying outstanding amounts due to the Eugene Municipal Court and by presentation to the towing company or other person in possession of the vehicle of satisfactory proof of ownership or right to possession, such as title or registration, either payment of the towing and storage charges or the deposit of cash security or a bond equal to the charges, and: (1) For vehicles impounded under ORS 809.720, submission of proof that a person with valid driving privileges will be operating the vehicle, submission of proof of compliance with financial responsibility requirements for the vehicle, and payment of the City's administrative fee for traffic offense vehicle impoundments. R-5.695-D Hearinf! to Contest Validitv of Impoundment. 1. A person provided notice under R-5.695-B or R-5.695-C of this rule, or any other person who reasonably appears to have an interest in the vehicle, may request a hearing to contest the validity of the impoundment of the vehicle and the reasonableness of any towing and storage charges for the vehicle. 2. A hearing under this section shall comply with all of the following: (a) The request for hearing must be submitted to the City department indicated in the notice not more than five days from the mailing date of the notice. The five-day period provided for in this subsection does not include holidays, Saturdays, or Sundays. (b) If the City receives a request for hearing pursuant to a notice issued under R- 5.695-B before the vehicle is taken into custody and removed, the vehicle shall not be removed unless it constitutes a hazard. (c) A request for hearing shall be in writing and shall state grounds upon which the person requesting the hearing believes the custody and removal of the vehicle is not justified. (d) The City shall set a time for the hearing within 48 hours of the receipt of the request and 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 state Department of Transportation, if not the same as the person requesting the hearing. The 48-hour period in this subsection does not include holidays, Saturdays, or Sundays. (e) If the City finds, after hearing and by substantial evidence on the record or, for impoundments under ORS 809.720, by a preponderance of the evidence that there were Administrative Order - 4 c:\ WINDOWS\ TEMP\O 1 impr12ao. wpd