Oregon Vehicles in Storage

3/23/17

DISPOSITION OF UNLAWFULLY PARKED VEHICLES AND ABANDONED VEHICLES
 
98.805       Definitions for ORS 98.810 to 98.818, 98.830, 98.835 and 98.840
 
98.810       Unauthorized parking of vehicle on proscribed property prohibited
 
98.811       Notice of parking violation; certificate of nonliability; dismissal of notice
 
98.812       Towing and storage of unlawfully parked vehicle; photograph required; lien for towage, care and storage charges; notice requirements
 
98.818       Preference of lien

 

DISPOSITION OF UNLAWFULLY
PARKED VEHICLES AND
ABANDONED VEHICLES
 
      98.805 Definitions for ORS 98.810 to 98.818, 98.830, 98.835 and 98.840. As used in this section and ORS 98.810 to 98.818, 98.830, 98.835 and 98.840:
      (1) “Owner of a parking facility” means:
      (a) The owner, lessee or person in lawful possession of a private parking facility; or
      (b) Any officer or agency of this state with authority to control or operate a parking facility.
      (2) “Owner of proscribed property” means the owner, lessee or person in lawful possession of proscribed property.
      (3) “Parking facility” means any property used for vehicle parking.
      (4) “Proscribed property” means any part of private property:
      (a) Where a reasonable person would conclude that parking is not normally permitted at all or where a land use regulation prohibits parking; or
      (b) That is used primarily for parking at a dwelling unit. As used in this paragraph, “dwelling unit” means a single-family residential dwelling or a duplex.
      (5) “Tower” means a person issued a towing business certificate under ORS 822.205.
      (6) “Vehicle” has the meaning given that term in ORS 801.590. [1979 c.100 §2; 1981 c.861 §23; 1983 c.436 §2; 2007 c.538 §9]
 
      98.810 Unauthorized parking of vehicle on proscribed property prohibited. A person may not, without the permission of:
      (1) The owner of a parking facility, leave or park any vehicle on the parking facility if there is a sign displayed in plain view at the parking facility prohibiting or restricting public parking on the parking facility.
      (2) The owner of proscribed property, leave or park any vehicle on the proscribed property whether or not there is a sign prohibiting or restricting parking on the proscribed property. [1953 c.575 §1; 1979 c.100 §3; 1981 c.861 §24; 1983 c.436 §3; 2007 c.538 §10]
 
      98.811 Notice of parking violation; certificate of nonliability; dismissal of notice. (1) If the owner of a parking facility or the owner of proscribed property has issued a citation or other notice of a parking violation alleging that a vehicle owned by a person engaged in the business of selling, renting, leasing or repairing motor vehicles has been left or parked in violation of ORS 98.810 and mailed a copy of the citation or notice to the person, the person is relieved of liability for the violation if, within 30 days from the mailing of the citation or notice, the person:
      (a) Submits a certificate of nonliability stating that the vehicle was not in the custody and control of the person, under the terms of an agreement permitting an individual to use a motor vehicle owned by the person, when the alleged violation occurred; and
      (b) Provides the name and address of the individual who was in control of the vehicle at the time of the alleged violation.
      (2) Upon receipt of the certificate of nonliability and information described in subsection (1) of this section, the owner of the parking facility or the owner of the proscribed property must dismiss the citation or notice with respect to the person and may reissue the citation or notice in the name of the individual in control of the vehicle when the alleged violation occurred. [2009 c.90 §2]
 
      98.812 Towing and storage of unlawfully parked vehicle; photograph required; lien for towage, care and storage charges; notice requirements. (1) If a vehicle has been left or parked in violation of ORS 98.810, the owner of the parking facility or the owner of the proscribed property may have a tower tow the vehicle from the parking facility or the proscribed property and place the vehicle in storage at a secure location under the control of the tower.
      (2) Prior to towing a vehicle under this section, a tower who tows a vehicle at the request of an owner of a parking facility shall take at least one photograph of the vehicle and record the time and date of the photograph. A photograph must show the vehicle left or parked in violation of ORS 98.810. The tower shall maintain for at least two years, in electronic or printed form, each photograph taken along with the date and time of the photograph.
      (3) A tower who tows a vehicle at the request of an owner of a parking facility or the owner of proscribed property under this section shall provide to the owner or operator of the vehicle the information required in ORS 98.856 in the manner provided in ORS 98.856.
      (4) A tower is entitled to a lien on a towed vehicle and its contents for the tower’s just and reasonable charges and may retain possession thereof until the just and reasonable charges for the towage, care and storage of the towed vehicle have been paid if the tower complies with the following requirements:
      (a) The tower shall notify the local law enforcement agency of the location of the towed vehicle within one hour after the towed vehicle is placed in storage;
      (b) If the towed vehicle is registered in Oregon, the tower shall give notice, within 15 days after the towed vehicle is placed in storage, to the owner of the towed vehicle or any other person with an interest in the towed vehicle, as indicated by the certificate of title. If notice under this paragraph is given by mail, it must be transmitted within the 15-day period, but need not be received within that period, but within a reasonable time. If the tower fails to comply with the notice requirements of this paragraph, the amount of the lien is limited to a sum equal to the reasonable expenses incurred within the 15-day period for towage, care and storage of the towed vehicle; and
      (c) If the towed vehicle is not registered in Oregon, the tower shall, within 15 days after the towed vehicle is placed in storage, notify and request the title information and the name and address of the owner of the towed vehicle from the motor vehicle agency for the state in which the towed vehicle is registered. The tower shall have 15 days from the date of receipt of the information from the state motor vehicle agency to notify the owner of the towed vehicle or any other person with an interest in the towed vehicle, as indicated by the certificate of title. If notice under this paragraph is given by mail, it must be transmitted within 15 days from the receipt of information from the state motor vehicle agency, but need not be received within that period, but within a reasonable time. If the tower fails to comply with the notice requirements of this paragraph, the amount of the lien is limited to a sum equal to the reasonable expenses incurred within the period between storage of the towed vehicle and receipt of information from the state motor vehicle agency for towage, care and storage of the towed vehicle.
      (5) The lien created by subsection (4) of this section may be foreclosed only in the manner provided by ORS 87.172 (3) and 87.176 to 87.206 for foreclosure of liens arising or claimed under ORS 87.152. [1953 c.575 §2; 1977 c.634 §1; 1979 c.100 §4; 1981 c.861 §25; 1983 c.436 §4; 1993 c.385 §2; 2001 c.424 §1; 2007 c.538 §11; 2009 c.622 §1]
 
      98.814 [1953 c.575 §4; 1965 c.343 §21; repealed by 1983 c.436 §15]
 
      98.816 [1953 c.575 §5; 1965 c.343 §22; repealed by 1983 c.436 §15]
 
      98.818 Preference of lien. The lien created by ORS 98.812 shall have preference over any and all other liens or encumbrances upon the vehicle. [1953 c.575 §3; 2007 c.538 §11a]

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