ORS § 830.931

Current through 2024 Regular Session legislation
Section 830.931 - Post-seizure notice
(1) Not more than seven days after an enforcement agency seizes a vessel under ORS 830.908 to 830.948, the enforcement agency shall post notice in the form required by this section on any website maintained by the enforcement agency and mail a copy of the notice to the persons described in ORS 830.918(1).
(2) The notice required under this section must include the date by which the costs of salvage, towing and storage must be paid to avoid title to the vessel vesting in the enforcement agency. The date may not be less than 30 days after the date on which the vessel was seized.
(3) The notice required under this section must include a description of the vessel and of any personal property located on the vessel, and state all of the following:
(a) That the vessel has been seized.
(b) The time of the seizure.
(c) The name, address and telephone number of the enforcement agency.
(d) The reason the vessel was seized.
(e) That the owners of the vessel are liable for salvage, towing, storage and disposal costs incurred by the enforcement agency by reason of the seizure, and the amount of those costs that have accrued as of the date of the notice.
(f) That title to the vessel will vest in the enforcement agency if the costs of salvage, towing and storage are not paid, and the date by which those costs must be paid.
(g) That the owner may request a hearing, and the time and manner for requesting a hearing.
(h) That the owner may challenge the reasonableness of any salvage, towing or storage costs at the hearing.
(i) That the vessel and its contents may be immediately reclaimed by presenting proof of ownership or right to possession and payment of the costs that have accrued.
(4) Except as provided in subsection (5) of this section, an owner of a vessel may request a hearing after an enforcement agency seizes a vessel under ORS 830.908 to 830.948 by submitting a written request for hearing to the enforcement agency not more than 10 business days after the notice required by this section is given. The request must include a statement of the specific grounds on which the seizure is challenged, and whether the owner challenges the reasonableness of any salvage, towing or storage costs incurred by the enforcement agency.
(5) If an owner of a vessel requested a hearing under ORS 830.918(5), the owner may request a hearing under subsection (4) of this section only for the purpose of challenging the reasonableness of any salvage, towing or storage costs incurred by the enforcement agency.

ORS 830.931

2013 c. 680, § 6