Informacion en Español
Pursuant to North Plains City Ordinance this vehicle has been impounded for one or more of the following reasons:
- The driver's driving privilege is suspended for a felony, misdemeanor, or infraction.
- The driver does not have a valid drivers license.
- There is no proof of liability insurance for the vehicle.
In order for the vehicle to be reclaimed the vehicle owner must present a valid Oregon operator license, proof of vehicle ownership, and proof of liability insurance. These documents must be presented at North Plains City Hall in order for a release to be issued. The City of North Plains charges a vehicle release fee of $100.00 cash. The towing company will not release the vehicle without a vehicle release from City of North Plains.
The vehicle owner is responsible for any and all towing charges, impound fees, storage fees, and any other costs which may be assessed under Oregon law. These costs may increase each day the vehicle is impounded.
Any vehicle not claimed within 30 days may be sold by the tow company as an abandoned vehicle. The vehicle will be stored at Cops Tow Yard, 221 South Main Street, Banks, Oregon 97106.:
Requesting a Hearing
The registered or rightful owner of the vehicle may request a hearing contesting the vehicle seizure. The hearing request must be submitted in writing within five calendar days after the vehicle impound to the Court Coordinator. Failure to make a timely request shall constitute a waiver of the right to a hearing. The hearing will be before the Municipal Judge or Judge Pro-Tem. The hearing will be set and conducted within four calendar days of the receipt of request, excluding Saturdays, Sundays, and holidays. The hearing may be set for a later date if the registered or rightful owner so requests.
At the hearing the person may contest the validity of the impound, providing proof of insurance for the vehicle, and the driver at the time of the tow and providing proof of the validity of the driver’s driving privilege at the time of the tow. The City of North Plains shall have the burden of proving by a preponderance of evidence the validity of the impound. The City may present evidence by written or oral testimony of the Police Officer and all documents that provide testimony of the cause for impound.
If the Municipal Judge finds that the impound of the vehicle was proper, the Judge shall enter an order supporting the removal, and find that the registered or rightful owner is liable for any towing and storage charges resulting from the impound, and find that the registered or rightful owner is liable for the costs of the tow hearing including the costs for the Municipal Judge and any witnesses.
If the Municipal Judge finds that the impound of the vehicle was improper, the Judge shall order the vehicle be released to the registered or rightful owner, and find the registered or rightful owner is not liable for any towing or storage charges resulting from the impound; and order the City to satisfy the towing and storage lien.
Any time a registered or rightful owner of a vehicle properly insured at the time of the traffic stop presents proof to the Municipal Judge, but in where proof of such insurance was not provided to the Police Officer at the time of the stop, a decision of proper impound will be entered.
The decision of the Municipal Judge is final.
If the person requesting the hearing does not appear at the scheduled hearing, the Municipal Judge may enter an order supporting the impound and assessment of towing and storage costs, and shall add an assessment for the costs of the Municipal judge and any witnesses who appeared at the set time for the hearing.
Any towing company who takes a vehicle into custody under the provisions of this ordinance shall have a lien on the vehicle for just and reasonable towing and storage charges, and may retain possession of the vehicle until the charges are paid, and may have the vehicle sold at public auction to satisfy the lien. The lien that attaches to the vehicle shall be a possessory chattel lien in accordance with ORS 87.142 and shall be foreclosed in the manner provided in ORS 87.152 to 87.212if the appraised value of the vehicle is $750.00 or less, the vehicle shall be disposed of in the manner provided in ORS 819.220.
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