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posting bail and paying outstanding amounts due to the Eugene Municipal Court and <br />by presentation to the towing company or other person in possession of the vehicle <br />of satisfactory proof of ownership or right to possession, such as title or registration, <br />and either payment of the towing and storage charges or the deposit of cash security <br />or a bond equal to the charges. <br />R-5.695-D Hearing to Contest Validity of Impoundment. <br />1. A person provided notice under R-5.695-B or R-5.695-C of this rule, or any <br />other person who reasonably appears to have an interest in the vehicle, may request a <br />hearing to contest the validity of the impoundment of the vehicle and the reasonableness of <br />any towing and storage charges for the vehicle. <br />2. A hearing under this section shall comply with all of the following: <br />(a) The request for hearing must be submitted to the City department <br />indicated in the notice not more than five days from the mailing date of the notice. <br />The five-day period provided for in this subsection does not include holidays, <br />Saturdays, or Sundays. <br />(b) If the City receives a request for' hearing pursuant to a notice issued <br />under R-5.695-B before the vehicle is taken into custody and removed, the vehicle <br />shall not be removed unless it constitutes a hazard. <br />(c) A request for hearing shall be in writing and shall state grounds upon <br />which the person requesting the hearing believes the custody and removal of the <br />vehicle is not justified. <br />(d) The City shall set a time for the hearing within 48 hours of the receipt <br />of the request and provide notice of the hearing to the person requesting the hearing <br />and to the owners of the vehicle and zany lessors or security interest holders shown <br />in the records of the state Department of Transportation, if not the same as the <br />person requesting the hearing. The 48-hour. period in this subsection does not <br />include holidays, Saturdays, or Sundays. <br />(e) If the City.~nds, after hearing and by substantial evidence on the <br />record, that the custody and removal of the vehicle was: <br />1. Invalid, the City shall order the immediate release of the vehicle <br />to the owner or person with right of possession. If a vehicle is released under <br />this subsection, the person to whom the vehicle is released is not liable for any <br />towing or storage charges. If the person has already paid the towing and <br />storage charges, the City shall reimburse the amount paid to that person. <br />New storage charges will not .start to accrue, however, until more than 24 <br />Administrative Order - 4 10/11/95 <br />