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<br />reasonable grounds to believe that the vehicle was being operated in violation of ORS <br />806.010, 807.010, 811.175, 811.182, or 813.010, that the custody and removal of the vehicle <br />was: <br />(1) Invalid, the City shall order the immediate release of the vehicle to <br />the owner or person with right of possession. If a vehicle is released under this <br />subsection, the person to whom the vehicle is released is not liable for any towing <br />or storage charges. If the person has already paid the towing and storage charges, <br />the City shall reimburse the amount paid to that person. New storage charges will <br />not start to accrue, however, until more than 24 hours after the time the vehicle is <br />ordered released to the person under this subsection. <br />(2) Valid, the City shall order the vehicle to be held in custody until the <br />costs of the hearing, all towing and storage costs, and other amounts due are paid by <br />the person claiming the vehicle. If the vehicle has not yet been removed, the City <br />shall order its removal. <br /> <br />(f) A person who fails to appear at a hearing scheduled pursuant to this section <br />is not entitled to another hearing unless the person provides reasons satisfactory to the City <br />for the person's failure to appear. <br /> <br />(g) The City is only required to provide one hearing for each time the City takes <br />a vehicle into custody and removes the vehicle, or proposes to do so. <br /> <br />(h) A hearing scheduled pursuant to this section may also be used to determine <br />the reasonableness of the charge for towing and storage of the vehicle. For purposes of this <br />subsection, towing and storage charges set by law, ordinance or rule, or that comply with <br />law, ordinance or rule, are reasonable. <br /> <br />(i) The City shall provide a written statement of the results of the hearing to the <br />person requesting the hearing. <br /> <br />U) Hearings may be informal in nature, but the presentation of evidence shall be <br />consistent with the presentation of evidence required for contested cases under ORS <br />183.450. <br /> <br />U) The hearing shall be conducted by a Municipal Court Judge. <br /> <br />(k) The determination of the Municipal Court Judge at the hearing is final, and <br />is not subj ect to appeal. <br /> <br />-'" <br />Dated and effective this ~ day of January, 2002. <br /> <br />_~R->>~ <br /> <br />James R. Johnson <br />City Manager <br /> <br />Administrative Order - 5 <br />c:\ WINDOWS\ TEMP\O 1 impr12ao. wpd <br />