Oregon Statutes - Chapter 830 - Small Watercraft - Section 830.917 - Notice of intent to take custody; content of notice.

If a removing authority proposes to take custody of a boat, floating home or boathouse under ORS 830.912, the removing authority shall provide notice and shall provide an explanation of procedures available for obtaining a hearing under ORS 830.924 and for filing a claim under ORS 98.245. The notice required under this section shall comply with all of the following:

(1) Notice shall be given by affixing a notice to the boat, floating home or boathouse with the required information. The notice shall be affixed to the boat, floating home or boathouse before the boat, floating home or boathouse is taken into custody.

(2) The notice shall state all of the following:

(a) That the boat, floating home or boathouse will be subject to being taken into custody and removed by the removing authority if the boat, floating home or boathouse is not removed before the time set by the removing authority. Unless the boat presents a hazard, the removing authority shall allow a sufficient time before taking the boat into custody to allow a hearing under ORS 830.924.

(b) The statute, ordinance or rule under which the removing authority proposes to take custody of the boat, floating home or boathouse.

(c) The place where the boat, floating home or boathouse will be held in custody or the telephone number and address of the removing authority.

(d) That the boat, floating home or boathouse, if taken into custody and removed by the removing authority, will be subject to salvage, towing and storage charges and disposition under ORS 98.245.

(e) That the boat, floating home or boathouse will be sold to satisfy the costs of salvage, towing and storage if the charges are not paid.

(f) That the owner, possessor or person having an interest in the boat, floating home or boathouse has five days, not including holidays, Saturdays or Sundays, to request a hearing before the boat, floating home or boathouse is taken into custody.

(g) That the owner, possessor or person having an interest in the boat, floating home or boathouse may also challenge the reasonableness of any salvage, towing and storage charges at the hearing.

(h) The time within which a hearing must be requested and the method for requesting a hearing. [1999 c.692 §6; 2003 c.693 §8]

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Last modified: August 7, 2008