(1) A request for hearing must be filed with the North Bend police department by the owner of the vehicle within 10 days of receipt of the notice of removal under NBCC 10.04.620. The request must be in writing, and shall state with particularity the basis of the owner’s objection to the towing and impoundment of the vehicle. Failure to timely file a request for hearing shall be a waiver of right to hearing.

(2) The hearing shall be held within five business days of a timely filed request before an impartial hearings officer appointed by the city administrator. The city shall have the burden of proving the validity of the towing and impoundment by a preponderance of the evidence.

(3) If the hearings officer finds the towing and impoundment of the vehicle was improper, the vehicle shall be ordered released to the person entitled to possession, and the city shall pay charges for towing and storage.

(4) Appeal of the decision by the hearings officer regarding the towing and impoundment of a vehicle shall be by writ of review under ORS 34.010 through 34.100.

(5) A hearing concerning the towing and impound of a vehicle may be combined with a hearing on any related citation(s) issued for violation of the North Bend Municipal Code, at the discretion of the hearings officer. (Ord. 2059 § 9, 2022; Ord. 1986 § 3 (Exh. A), 2014)