HomeMy WebLinkAboutAdmin Order 56-01-01-F
ADMINISTRATIVE ORDER NO. 56-01-01-F
of the
City Manager of the City of Eugene
AMENDMENT OF VEHICLE IMPOUNDMENT NOTICE AND
HEARING PROCEDURES ADMINISTRATIVE RULE R-5.695
AND REPEAL OF ADMINISTRATIVE ORDER NO. 58-96-03-F
The City Manager of the City of Eugene finds that:
A. Section 2.019 of the Eugene Code, 1971 authorizes the City Manager to adopt rules
deemed necessary for the administration and enforcement of provisions of the Eugene Code, 1971.
In addition, Sections 5.695, 5.697 and 5.698 of that Code specifically authorize the City Manager
to adopt rules that provide for the manner of providing notice of vehicle impoundment and
establishing procedures for hearings related to such actions.
B. Pursuant to that authority, Vehicle Impoundment Notice and Hearing Procedures
Administrative Rule R-5.695 was adopted on February 7, 1996. Vehicles are subject to being
impounded under provisions of the Eugene Code, 1971 and state law. Based on recent changes to
state law, staff has recommended that Rule R-5.695 be amended.
C. On December 21,2001, the City Manager issued Administrative Order No. 56-01-
01, proposing that Administrative Order No. 58-96-03-F be repealed, and Rule R-5.695 be amended
to (1) delete the requirement of mailing notice prior to impoundment of vehicles that are stored on
the street and provide that notice be given at the time the citation is issued; and (2) add provisions
relating to notice requirements for vehicles impounded under authority ofORS 809.720.
D. Notice of the proposed amendment was published in the Register-Guard, a newspaper
of general circulation within the City, for five consecutive days, to wit: December 27, 28, 29,30
and 31, 2001, and made available to any person who had requested such notice.
E. The Notice provided that written comments would be received for a period of 15 days
from the date of the first publication. No comments were received within the time or in the manner
provided in the Notice.
Based upon the above findings, which are hereby adopted, and pursuant to the authority
contained in Sections 2.019,5.695,5.697 and 5.698 of the Eugene Code, 1971, I hereby Repeal
Administrative Order No. 58-96-03-F as of the effective date of this Order, and adopt Vehicle
Impoundment Notice and Hearing Procedures Administrative Rule R-5.695 to provide as follows:
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Vehicle Impoundment Notice and Hearing
Procedures Administrative Rule R-5.695
R-5.695-A
Authoritv.
These regulations are authorized by Section 2.019,5.695, 5.697, and 5.698 of the Eugene
Code, 1971, and are established to implement those provisions of Chapter 5 of the Eugene Code,
1971 that authorize or direct the impoundment of vehicles. Unless a different procedure is provided
in a provision of the Eugene Code, 1971, these procedures shall be followed when a vehicle is
impounded, or proposed to be impounded by the City.
R-5.695-B
Notice Prior to Impoundment for Vehicles Stored on the Street.
1. If the city proposes to impound a vehicle under Section 5.135 of the Eugene Code,
1971, which prohibits the storage of a vehicle or personal property on a street or other public
property for a period in excess of 24 hours, the City shall, before the proposed impoundment:
( a) Provide written notice thereof; and
(b) Provide an explanation of the procedures available for obtaining a hearing
under Section 5.698 of the Eugene Code, 1971, as set forth in R-5.695-D hereafter.
2. The notice required under Subsection 1 of this section shall be given by affixing a
citation to the vehicle and a notice that states 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 before the time set by the City.
(b) The statute, ordinance, or rule violated by the vehicle and under which the
vehicle will be removed.
(c) 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.
(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 will be sold to satisfy the costs of towing and storage if the
charges are not paid.
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(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 towing and storage charges at the hearing.
(h) The time within which a hearing must be requested and the method for
requesting a hearing.
R-5.695-C
Notice After Impoundment.
1. Except for vehicles impounded pursuant to Section 5.135 of the Eugene Code, 1971,
if a vehicle is impounded under state law or any other provision of the Eugene Code, 1971, the City
shall provide, by certified mail within 48 hours of the impoundment, written notice thereof to the
owners of the vehicle and any lessors or security interest holders having an interest in the vehicle
as shown in the records of the state Department of Transportation.
2. Any notice given under this section shall state all of the following:
(a) That the vehicle has been taken into custody and removed by the City.
(b) The statute, ordinance, or rule under which the vehicle was removed and
taken into custody.
(c) The location of the vehicle, or the telephone number and address of the City
department that will provide that information.
(d) That the vehicle is subject to towing and storage charges which accrue from
the date of towing.
(e) 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 will be sold to cover the
charges if they are not paid by a date specified in the notice.
(f) A description of the procedures for the release of the vehicle.
(g) That the owner, possessor or person having an interest in the vehicle 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.
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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
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reasonable grounds to believe that the vehicle was being operated in violation of ORS
806.010, 807.010, 811.175, 811.182, or 813.010, that the custody and removal of the vehicle
was:
(1) Invalid, the City shall order the immediate release of the vehicle to
the owner or person with right of possession. If a vehicle is released under this
subsection, the person to whom the vehicle is released is not liable for any towing
or storage charges. If the person has already paid the towing and storage charges,
the City shall reimburse the amount paid to that person. New storage charges will
not start to accrue, however, until more than 24 hours after the time the vehicle is
ordered released to the person under this subsection.
(2) Valid, the City shall order the vehicle to be held in custody until the
costs of the hearing, all towing and storage costs, and other amounts due are paid by
the person claiming the vehicle. If the vehicle has not yet been removed, the City
shall order its removal.
(f) A person who fails to appear at a hearing scheduled pursuant to this section
is not entitled to another hearing unless the person provides reasons satisfactory to the City
for the person's failure to appear.
(g) The City is only required to provide one hearing for each time the City takes
a vehicle into custody and removes the vehicle, or proposes to do so.
(h) A hearing scheduled pursuant to this section may also be used to determine
the reasonableness of the charge for towing and storage of the vehicle. For purposes of this
subsection, towing and storage charges set by law, ordinance or rule, or that comply with
law, ordinance or rule, are reasonable.
(i) The City shall provide a written statement of the results of the hearing to the
person requesting the hearing.
U) Hearings may be informal in nature, but the presentation of evidence shall be
consistent with the presentation of evidence required for contested cases under ORS
183.450.
U) The hearing shall be conducted by a Municipal Court Judge.
(k) The determination of the Municipal Court Judge at the hearing is final, and
is not subj ect to appeal.
-'"
Dated and effective this ~ day of January, 2002.
_~R->>~
James R. Johnson
City Manager
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