Chapter 2.16
DISPOSITION OF PROPERTY
Sections:
2.16.010 Application of chapter provisions.
2.16.020 Custody of property by police department.
2.16.030 Reclaiming property – Requirements.
2.16.040 Sale of property – Procedures.
2.16.050 Sale of property – Certificate of title.
2.16.070 Dangerous or perishable property.
2.16.010 Application of chapter provisions.
This chapter shall apply to all personal property, except motor vehicles, now or hereafter in custody of the city. (Ord. 797 § 7, 1983)
2.16.020 Custody of property by police department.
Whenever any personal property other than motor vehicles is taken into the custody of the city by reason of seizure, abandonment, or for any other reason, the personal property shall be turned over to and held by the police department at the expense and risk of the owner or person lawfully entitled to possession thereof. (Ord. 797 § 1, 1983)
2.16.030 Reclaiming property – Requirements.
Within 60 days after such property is taken into possession, except when confiscated or held as evidence, the owner or person lawfully entitled to possession may reclaim the same upon application to the police department, submission of satisfactory proof of ownership or right to possession, and any payment of charges and expenses, if any, incurred in the storage, preservation and custody of the property. (Ord. 797 § 2, 1983)
2.16.040 Sale of property – Procedures.
A. At any time after the 60-day period stated in SMC 2.16.030, the chief of police shall sell at public auction any unclaimed property and any property which has been confiscated and not ordered destroyed, except such property held as evidence in any legal or court proceeding. Notice of such sale shall be given once by publication in a newspaper of general circulation in the city at least 10 days before the date of sale, giving the time and place of sale and generally describing the property to be sold.
B. All sales of such property shall be for cash to the highest and best bidder; provided, however, that any person appearing at or prior to such sale and proving ownership or right of possession thereto shall be entitled to reclaim the property upon the payment of the charges and expenses incurred by the city in the storage, preservation and custody of the property and a proportionate share of the costs of advertising the same for sale.
C. If no bids are entered for the property, or if the highest bid entered is less than the costs incurred by the city, the chief of police may enter a bid on behalf of the city in an amount equal to such costs. If bid on by the city, the property shall become the property of the city as compensation for the costs incurred or, if no use or value to the city, shall be disposed of in such manner as the city manager directs.
D. The proceeds of a sale shall be first applied to payment of the cost of the sale and the expense incurred in the preservation, storage and custody of the property; and the balance, if any, shall be credited to the general fund of the city.
E. Such sale shall be without the right of redemption. (Ord. 797 § 3, 1983)
2.16.050 Sale of property – Certificate of title.
A. At the time of the payment of the purchase price, the chief of police shall execute a certificate of sale in duplicate, the original to be delivered to the purchaser and a copy to be kept on file in the office of the finance director or city manager, which certificate shall contain the date of sale, the consideration paid, a brief description of the property, and a stipulation that the city does not warrant the condition or guarantee title if for any reason invalid.
B. The certificate of sale shall be in substantially the following form:
This is to certify that under the provisions of Ordinance No. _____, and pursuant to due notice of time and place of sale, I did on the ____ day of ________, 20___, sell at public auction to __________ for the sum of $________ cash, he being the highest bidder, and that being the highest and best sum bid therefor, the following-described personal property, to-wit:
(Brief description of the property)
and in consideration of the payment of the said purchase price, receipt whereof is hereby acknowledged, I have this day delivered to said purchaser the foregoing property.
The City of Silverton assumes no responsibility as to the condition or the title of the above-described property. In case this sale shall for any reason be invalid, the liability of the City is limited to return of the purchase price.
Dated this ____ day of ________, 20___.
Chief of Police
City of Silverton
(Ord. 797 § 4, 1983)
2.16.060 Surplus property.
Any property now in the possession of the city, or hereafter coming into the possession of the city, that is deemed by the city manager to be surplus property, may be sold in the same manner as provided in this chapter. The proceeds received from the sale of such property shall be credited to the particular fund of the department under which it was held. (Ord. 797 § 6, 1983)
2.16.070 Dangerous or perishable property.
Any property coming into the possession of the police department which is determined to be dangerous or perishable may be disposed of immediately, without notice, in such manner as the police chief and the city manager determine to be in the public interest. (Ord. 797 § 5, 1983)