(1) Except as otherwise provided by this section, a person shall have a lien on the vehicle and its contents if the person, at the request of an authority described under ORS 819.140, tows any of the following vehicles:
(a) An abandoned vehicle appraised at a value of more than $500 by a person who holds a certificate issued under ORS 819.480.
(b) A vehicle taken into custody under ORS 819.110 or 819.120, unless it is an abandoned vehicle appraised at a value of $500 or less by a person who holds a certificate issued under ORS 819.480.
(c) A vehicle left parked or standing in violation of ORS 811.555 or 811.570.
(2) A lien established under this section shall be on the vehicle and its contents for the just and reasonable charges for the towing service performed and any storage provided. However, if the person who tows the vehicle fails to comply with the notice requirements of subsection (3) of this section, the amount of any lien claimed under this paragraph shall be limited to an amount equal to the just and reasonable charges for the towing service performed and storage provided for a period not exceeding 20 days from the date the vehicle and its contents were placed in storage. The lien shall be subject to the provisions for liens under ORS 98.812. The person holding the lien may retain possession of the vehicle and contents until the charges on which the lien is based are paid. A lien described under this section does not attach:
(a) To the contents of any vehicle taken from public property until 15 days after taking the vehicle into custody.
(b) To the contents of any vehicle that is taken into custody for violation of ORS 811.555 or 811.570.
(3) A person who tows any vehicle at the request of an authority under ORS 819.110 or 819.120 shall transmit by first class mail with a certificate of mailing, within 20 days after the vehicle and its contents are placed in storage, written notice, approved by the authority, containing information on the procedures necessary to obtain a hearing under ORS 819.190. The notice shall be provided to the owner, a person entitled to possession or any person with an interest recorded on the title to the vehicle. This subsection does not apply to a person who tows an abandoned vehicle that is appraised at a value of $500 or less by a person who holds a certificate issued under ORS 819.480. [1983 c.338 §422; 1985 c.16 §223; 1993 c.326 §5; 1993 c.385 §6; 1995 c.79 §379; 1995 c.758 §12; 2007 c.538 §15]
Section: Previous 819.040 819.100 819.110 819.120 819.130 819.140 819.150 819.160 819.170 819.180 819.185 819.190 819.200 819.210 819.215 NextLast modified: August 7, 2008