For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
FOUND PROPERTY. Money or personal property of any description other than contraband, firearms used in commission of a crime, other property being held as evidence in any civil or criminal proceeding, animals, or motor vehicles, the true owner of which cannot be readily ascertained, and which is:
(1) Found by any officer or employee of the city in or about any vehicle, structure, park, lot, street, or other place or premises owned by or under control of the city; or
(2) Surrendered to an officer or employee of the city by any person reporting it to have been found at any place.
SURPLUS PROPERTY. Any personal property belonging to and owned by the city, which has been determined by the City Manager to be of no further use to the city.
UNCLAIMED MOTOR VEHICLE. Any motor vehicle taken into custody after notice as provided herein.
UNCLAIMED PROPERTY. Money or personal property of any description other than contraband, firearms used in the commission of a crime, animals or motor vehicles, and which has, for any reason, come into the custody, actual or constructive, of the city and is no longer required to be held by the city for any purpose, and remains unclaimed for 30 days after notice to the owner or other interested person(s) as provided herein.
(Ord. 1817, passed 5- -93)
Any person who surrenders found property to the custody of any officer or employee of the city thereby surrenders and waives any claim of right, title, or interest therein which might otherwise be asserted.
(A) The officer or employee of the city into whose custody found property first comes shall deliver to the custody of the Police Department the property together with a report. The report shall set forth the following information as is known to the author:
(1) The date, time, name and address of finder, and place of the finding;
(2) The date and time the property came into the custody of the city; and
(3) A description of the property; the location where the property is kept.
(B) When found property comes into the custody of the Police Department the Police Department shall cause an identification tag to be attached to the property.
(Ord. 1817, passed 5- -93)
(A) Determination that personal property is surplus and of no further use to a using agency is within the exclusive jurisdiction of the City Manager.
(B) Disposition of surplus property is within the exclusive jurisdiction of the City Manager.
(Ord. 1817, passed 5- -93)
(A) Any officer or employee of the city who has, for any reason, the actual or constructive custody of unclaimed property shall deliver the property to be held under the jurisdiction of his department head. After ten days from time of delivery, or sooner if the department head or his designee deems the property to be of such value that more secure storage is advisable, the property shall be delivered to the custody of the Police Department.
(B) Within ten days of the property coming into the custody of the Police Department, the Department shall make diligent inquiry, including, but not limited to, an examination of the property for identifying markings, to discover the name and address of the owner, conditional vendor, mortgagee, or any person(s) interested therein.
(C) If the owner or other interested person(s) can be readily ascertained, or has been ascertained within ten days of the Police Department custody, the Department shall cause notice to be sent by certified mail to the owner or interested person(s) so that he may claim the property within 30 days of the date on which the notice is sent.
(D) Unclaimed property shall be held for at least 30 days following the notice to the owner or other interested person(s), during which time the owner may redeem the property by satisfactorily establishing his ownership thereof and payment of costs as provided herein.
(E) The Chief of Police, whenever he deems necessary, shall transmit to the evidence/property manager a list of all found and unclaimed property in his possession. After this transmittal, the property shall come into the custody and control of the Evidence/Property Manager.
(F) Unclaimed property valued at $25 or more and which remains unclaimed and not redeemed after the redemption period set forth in divisions (C) and (D) above shall be disposed of by the Evidence/ Property Manager as follows:
(1) At a time set by the City Manager, all unclaimed property shall be sold at public auction to the highest bidder for cash.
(2) In default of bids from others, the City Manager may dispose of the property at his discretion without necessity of taking further bids.
(3) Notice of the time and place of the auction shall be given by one publication in a newspaper of general circulation in the city not less than five days nor more than 15 days before the date of the sale. The notice shall contain a general description of the property to be sold.
(4) At the time of the payment of the purchase price for property sold under this section, the City Manager or a representative of the City Manager shall make, execute, and deliver, on behalf of the city, a bill of sale, in duplicate, the original to be delivered to the purchaser and the copy to be kept on file in the office of the City Manager. The bill of sale shall include the following:
(a) The name and address of the purchaser;
(b) The date of the sale;
(c) The consideration paid;
(d) A brief description of the property; and
(e) A stipulation that the city does not warrant the condition or title of the property.
(5) The sale and conveyance of unclaimed property shall be without redemption.
(6) Property sold pursuant to this section shall be delivered to the purchaser only upon presentation of the bill of sale therefor, issued pursuant to division (D) of this section.
(G) Found and unclaimed property valued at less than $25 and not redeemed may be disposed of by the City Manager in a manner most advantageous to the city.
(H) The proceeds of any sale under this section shall be applied as follows: First, to the payment of the cost of the sale and expenses incurred in the preservation and custody of the property, and; second, the balance, if any, shall be paid to the Finance Director/Recorder of the city and shall be credited to the general fund.
(Ord. 1817, passed 5- -93)
Motor vehicles shall be held and disposed of as provided by ORS Chapter 819.
(Ord. 1817, passed 5- -93)
Found property, unclaimed property and unclaimed motor vehicles which come into the custody, actual or constructive, of the city for any reason, shall be held at the expense of the owner and any costs incurred by the city in finding, transportation, giving of notice, storage, care, and custody of the property shall be paid by the owner or other person(s) lawfully entitled to possession and upon payment of same the property may be released.
(Ord. 1817, passed 5- -93)
(A) The property shall be held by the city for a minimum period of 30 days after the property comes into the custody of the city, during which time the owner may redeem the property by satisfactorily establishing his ownership thereof, and the payment of any costs as provided herein.
(B) Found property which remains unclaimed and not redeemed after the redemption period set forth in division (A) above shall be disposed of as unclaimed property pursuant to city ordinance.
(Ord. 1817, passed 5- -93)
The City Manager, may, but is not required to, use additional or extraordinary efforts to locate owners or sell property as he sees fit in his sole discretion.
(Ord. 1817, passed 5- -93)