Chapter 10.08
VEHICLE IMPOUNDMENT
Sections:
10.08.010 General regulations.
10.08.020 Impoundment and storage by private towing firm.
10.08.030 Post towing notice to owner.
10.08.040 Reasonable storage charge.
10.08.060 Owner reclaiming vehicle.
10.08.070 Appraisal of unclaimed vehicles.
10.08.080 Disposition of motor vehicle valued greater than $750.00.
10.08.090 Disposition of motor vehicle appraised at $750.00 or less.
10.08.100 To be held at expense of owner.
10.08.010 General regulations.
A. Disposition of a vehicle towed and stored under provisions of state law for the removal of hazardous vehicles shall be in accordance with provisions of state law on impoundment and disposition of vehicles constituting a hazard.
B. The impoundment of a vehicle does not preclude issuance of a citation for violation of a provision of this title.
C. Whenever a traffic citation is issued or a physical arrest is made for violation of the Oregon Vehicle Code or local traffic ordinances and the driver’s license is suspended or revoked, or the vehicle is without liability insurance as required by the Oregon Vehicle Code, or both, the vehicle shall be impounded and towed, by a towing company approved by the Oregon State Police, at owner’s expense and stored at owner’s expense.
D. Stolen vehicles may be towed from public or private property and stored at the expense of the vehicle owner.
E. A vehicle abandoned in violation of provisions of state law relating to abandoned vehicles is subject to removal and sale in accordance with provisions of state law.
F. A vehicle which is stored in violation of state law or city ordinance relating to storage of motor vehicles on streets is subject to removal and sale in accordance with provisions of state law on impoundment and disposition of abandoned vehicles (ORS 819.100 through 819.270).
G. A discarded vehicle, or a vehicle that may be treated as discarded in accordance with DMC 8.16.085 or 10.04.160, may be taken into custody, removed, and disposed of after a 48-hour notice, containing all the information required under ORS 819.170(2), is affixed to such vehicle. The owner or person in charge of a vehicle to which a 48-hour notice has been affixed must remove such vehicle from public property within 48 hours of when the notice is affixed. Vehicles not removed from public property by the vehicle’s owner or person in charge of vehicle as required by the 48-hour notice are subject to removal by the city, at the discretion of city officers, as set forth in ORS 819.110.
H. Vehicles removed and impounded shall be taken to a public garage or other suitable place for storage of a vehicle, and kept until released or otherwise disposed of pursuant to this section.
1. The owner of the vehicle, or any person authorized by him to act on his behalf, may redeem the vehicle pursuant to the procedures of DMC 10.08.060.
2. A motor vehicle so impounded shall be held and, if not lawfully redeemed, shall be disposed of as provided in ORS 819.210 through 819.260. A certificate of sale referenced therein shall contain the following notice:
The City of Dundee makes no warranty as to the condition of title of the above-described vehicle. In the event this sale shall for any reason be invalid, the liability of the city is limited to return of the purchase price.
[Ord. 589-2024 § 3 (Exh. C); Ord. 432-2005 § 1].
10.08.020 Impoundment and storage by private towing firm.
A. In the enforcement and execution of the provisions of this chapter, the city may contract service of one or more competent service firms for the removal and storage of motor vehicles taken into custody of the city for any reason. The council shall by ordinance establish a schedule of maximum charges for storage of such vehicles, which shall apply to vehicles stored by the city.
B. Where a private business is used, the following conditions shall apply:
1. The city shall not be liable for services rendered by a private towing service from any source other than such amounts as may be collected from the owner on redemption, or from a purchaser upon sale, after the city deducts its expenses, unless the city is the purchaser of the vehicle.
2. The vehicle shall not be released from the private towing service except upon a receipt, signed by the police chief, proffered by the purchaser.
C. A towing service firm which, at the request of the city, takes a vehicle into custody shall have a lien on the vehicle and its contents for just and reasonable towing charges, may retain possession of the vehicle and its contents until the charges are paid, and may cause the vehicle and its contents to be sold at public auction pursuant to DMC 10.08.080. If the appraised value of the vehicle is $750.00 or less, the vehicle and its contents shall be disposed of in the manner provided in DMC 10.08.090. [Ord. 432-2005 § 2].
10.08.030 Post towing notice to owner.
A. If a motor vehicle is taken into custody of the city, the chief of police shall make reasonable efforts to ascertain the names and addresses of the registered owner and the legal owner, if any, and the person entitled to possession.
B. If names and addresses of such owners or persons entitled to possession or either of them can be ascertained, the chief of police shall cause notice to be mailed within 48 hours of the date of recovery, addressed to the registered owner of the vehicle and a similar letter addressed to the legal owner, if any. Such notice shall include the following information:
1. The statute or ordinance or rule under which the vehicle has been taken into custody or removed;
2. The location where the vehicle may be redeemed by the owner or person entitled to possession upon satisfactory proof of ownership or right to possession;
3. That a lien has arisen on the vehicle in favor of the person who towed the vehicle for just and reasonable towing and storage charges;
4. The amount of any impound fee, fines or bail, which must be paid or posted pursuant to DMC 10.08.060;
5. The date after which the vehicle will be subject to public sale;
6. That a hearing on the validity of the tow and on the creation and amount of the lien may be had if requested within five days of mailing of the notice;
7. That the costs of hearing may be assessed against the vehicle owner.
C. Actual notice of a tow may be given personally to the owner or person entitled to possession. Such actual notice must include all the information required under subsection (B) of this section. Actual notice may used in lieu of the mailed notice required by subsection (B) of this section. [Ord. 432-2005 § 3].
10.08.040 Reasonable storage charge.
The maximum charge per day for storage of a motor vehicle towed and stored pursuant to DMC 10.08.020 is $10.00, which shall apply when the vehicle is stored by the city. [Ord. 432-2005 § 4].
10.08.050 Hearing procedures.
A. Upon written request of the legal owner or the registered owner or any other person who reasonably appears to have an interest in the vehicle, delivered to the municipal court, a hearing shall be held before the municipal judge. The written request shall state the grounds upon which the person requesting the hearing believes that the removal and custody of the vehicle is not justified.
B. The hearing shall be set and conducted within 10 regular court days of receipt of the request, holidays, Saturdays, and Sundays not included. The hearing can be set for a later date if the owner or person entitled to possession so requests. At the hearing the owner may contest:
1. The validity of the action of the enforcement officer in taking the vehicle into custody;
2. The reasonableness of the charge set for towing and storage of vehicle. Towing and storage charges set by ordinance or by contract entered into pursuant to ordinance are presumed to be reasonable for the purpose of this section.
C. The city shall have the burden of showing the validity of the taking of the vehicle.
D. At any time prior to the requested hearing, the owner or the person entitled to possession of the vehicle may regain the vehicle as provided by DMC 10.08.060 by depositing with the city security in the form of cash in an amount sufficient to cover costs of removing and storage, impound fee and any fines or bail owed pursuant to DMC 10.08.120.
E. If the municipal judge finds that:
1. The action of the enforcement officer in taking the vehicle into custody was invalid, the judge shall:
a. Order the vehicle released to the owner;
b. Find that the owner is not liable for any towing or storage charges occasioned by the taking;
c. Order the city to satisfy the towing and storage lien.
F. If the person requesting the hearing does not appear at the scheduled hearing, the municipal judge may enter an order supporting the removal and assessment of an impound fee, towing and storage costs and apply any security posted against such costs.
G. The action of the municipal judge pursuant to this section is final. [Ord. 432-2005 § 5].
10.08.060 Owner reclaiming vehicle.
The legal owner, registered owner, or person entitled to possession of an unclaimed vehicle may reclaim such vehicle any time after it is taken into custody, and before it is sold, upon presentation of satisfactory proof of ownership or right of possession to the chief of police and payment of towing and storage charges, impound fee or posting of security required under this chapter. [Ord. 432-2005 § 6].
10.08.070 Appraisal of unclaimed vehicles.
Within 10 days of any motor vehicle coming into custody of the city for any reason, the chief of police shall cause such vehicle to be appraised by a person possessing a valid appraiser certificate under state law. [Ord. 432-2005 § 7].
10.08.080 Disposition of motor vehicle valued greater than $750.00.
Any motor vehicle appraised at a value greater than $750.00 under DMC 10.08.070 and not redeemed for a period of 30 days after the date of mailing notice pursuant to DMC 10.08.030, or the taking of the vehicle into custody of the city, whichever is later, may be disposed of by the chief of police in accordance with ORS 819.210 through 819.260. [Ord. 432-2005 § 8].
10.08.090 Disposition of motor vehicle appraised at $750.00 or less.
Any motor vehicle appraised at a value of $750.00 or less under DMC 10.08.070 and which remains unclaimed and unredeemed for a period of 30 days after the date of mailing of notice pursuant to DMC 10.08.030 or the taking of the vehicle into custody by the city, whichever is greater, may be disposed of in accordance with ORS 819.210 through 819.260. No such vehicle shall be sold or transferred to any person without first requiring such person to comply with the provisions of and execute the forms required by ORS 819.220. [Ord. 432-2005 § 9].
10.08.100 To be held at expense of owner.
Except as provided in DMC 10.08.050(E), unclaimed motor vehicles which come into the custody, actual or constructive, of the city for any reason shall be held at expense of the owner and any costs incurred by the city in finding, transportation, giving of notice, storage, care, and custody of such property shall be paid by the owner or other person lawfully entitled to possession thereof before such property may be released. [Ord. 432-2005 § 10].
10.08.110 Vehicle inventory.
Any vehicle impounded by direction of the Dundee police department, under a provision of this chapter or state law, shall have a written inventory list produced by the Dundee police department, itemizing all property contained within the impounded vehicle which, in the judgment of the person conducting the inventory, has a value of $100.00 or more. For the purpose of this section, only property not attached to the vehicle must be identified on the inventory list. [Ord. 432-2005 § 11].
10.08.120 Penalties.
A. Violation of any provision of DMC 10.08.010(E) and 10.08.010(F) is an infraction punishable by a forfeiture not to exceed $100.00.
B. Violation of any provision of DMC 10.08.020(B)(2) is an infraction punishable by forfeiture not to exceed $75.00.
C. Violation of DMC 10.08.010(F) may result in the revocation of the residential parking permit of any permittee found to be in violation of this chapter and, upon written notification therefor, the permittee shall surrender such permit to the Dundee chief of police. Failure to surrender a residential parking permit so revoked shall constitute a violation of this chapter.
D. Violation of any provision of DMC 10.08.010(C) is an infraction and punishable by a forfeiture not to exceed the cost of the towing and storage bill, $75.00 city impound fee, and, if the vehicle is stored in the city’s impound lot, a storage fee in the amount of $10.00 per day commencing at 12:01 a.m. on the day following the impoundment of the vehicle. If redemption is not made within 30 days after the vehicle is impounded, such vehicle shall be disposed of in accordance with provisions of state law.
E. Violation of a provision identical to a state statute is punishable by the penalty prescribed by the state statute. [Ord. 432-2005 § 12].