§ 32-197. Determination on removal and custody.

(a)

If the hearings officer finds, after hearing and by substantial evidence on the record that the custody and removal of a vehicle was:

(1)

Invalid, the hearings officer shall order the immediate release of the vehicle to the owner or person with right of possession. If the 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 on the vehicle, the city shall reimburse the person for the charges. New storage costs on the vehicle will not start to accrue until 24 hours after the time the vehicle is officially released to the person under this subsection.

(2)

Valid, the hearings officer 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 party claiming the vehicle. If the vehicle has not yet been removed, the hearings officer shall order its removal.

(b)

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 hearings officer for the person's failure to appear.

(c)

The hearings officer 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.

(d)

A hearing 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.

(e)

The hearings officer shall provide a written statement of the results of a hearing held under this section to the person requesting the hearing.

(f)

Hearings held under this section may be informal in nature, but the presentation of evidence in a hearing shall be consistent with the presentation of evidence required for contested cases under ORS 183.450.

(g)

The hearings officer at a hearing under this section may be the City Manager or the City Manager's designee, 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 hearing.

(h)

The determination of a hearings officer at a hearing under this section is final and is not subject to appeal.

(Code 2006, § 10.28.12)