Chapter 2.05
PROPERTY AND REVOCATION PROCEDURES

Sections:

I. DISPOSITION OF PROPERTY

2.05.010    Scope.

2.05.012    Definitions.

2.05.014    Storage of Personal Property.

2.05.016    Investigation and Notification.

2.05.018    Presale Procedure for Property Valued at over $250.00 When an Interested Person Has Not Been Found or Ascertained or No Claim Has Been Made by the Interested Person.

2.05.020    Sale Procedure for All Personal Property.

2.05.022    Certificate of Sale.

2.05.024    Places of Storage to File Monthly Inventories.

2.05.025    Transfer of Property.

2.05.026    Special Disposition of Other Personal Property.

2.05.030    Appraisal and Sale of Vehicle Nuisance.

2.05.032    Redemption of Vehicle Nuisance Before Sale.

2.05.034    Reduction of Lien Amount.

II. UNIFORM REVOCATION PROCEDURES

2.05.050    Scope of Provisions.

2.05.052    Definitions.

2.05.053    Violation of Development Agreement.

2.05.054    Grounds for Revocation of License.

2.05.056    Institution of Revocation Proceedings and Hearing.

2.05.058    Determination by Council; Effective Date.

2.05.060    Suspension Procedures When Serious Danger to Public Health or Safety Exists; Effective Date.

2.05.062    Appeal of the Council’s Decision.

2.05.064    Issuance or Renewal of License to Licensee or Applicant Who Has Had License Revoked or Suspended or Application Denied.

2.05.066    Violation.

I. DISPOSITION OF PROPERTY

2.05.010 Scope.

BC 2.05.010 through 2.05.028 govern the disposition of all personal property except motor vehicles towed pursuant to Chapter Six, weapons subject to ORS 166.280, property the disposition of which is governed by court order and personal intangible property presumed abandoned pursuant to ORS 98.306 through 98.432.

2.05.012 Definitions.

For the purposes of BC 2.05.010 through 2.05.028 the following mean:

Department – The department, division or employee of the police department designated by the police chief to be responsible for the administration of this ordinance.

Interested person – The owner, conditional vendor, mortgagee or other person having a necessary or ownership interest in property, or a legal claim to property coming into the hands of a city representative.

Mayor – The mayor or the mayor’s designee.

Property – All personal property except motor vehicles towed pursuant to Chapter Six, weapons subject to ORS 166.280, property the disposition of which is governed by court order, or personal intangible property presumed abandoned pursuant to ORS 98.306 through 98.432.

2.05.014 Storage of Personal Property.

A. Unless State law otherwise provides, when personal property is found without an interested person claiming it or, by reason of abandonment, arrest, confiscation, impoundment, or seizure, or by any other means, comes into the hands of any city representative or department, the property shall be turned over to the department for inventory, further storage and disposition at the risk and expense of the owner or person lawfully entitled to possession of the property.

B. The department shall place the property on city hall grounds or another authorized storage place pending investigation of ownership and disposition.

2.05.016 Investigation and Notification.

A. The department, on coming into possession of property valued at $25.00 or more, shall make diligent inquiry as to the name and address of any interested person, and shall examine it for a license, serial or other number and any other information on the property that will aid in the identification of an interested person.

B. Following the investigation, if under the circumstances the department is reasonably satisfied that an interested person has been found, the property may be released to that person on payment of any of the applicable costs provided in subsection D of this section. In all other cases, if the interested person is found and identified, the interested person shall be notified immediately by certified letter sent to the interested person’s last known address and containing the following information:

1. that the personal property is held by the department;

2. the date the property came into the possession of the department;

3. that the property will be sold at public auction at city hall, the place of storage, or any other designated location to the highest bidder for cash unless claimed by and released to the interested person before the date of the proposed sale;

4. that the sale will not be held earlier than 30 days from the date the personal property came into the possession of the department and, in any event, not until ten days have elapsed from the mailing of the certified notice.

C. No property shall be released to a claimant until the claimant submits to the department satisfactory evidence of the claimant’s interest and pays the costs of holding the property, except where the property is released pursuant to court order.

D. In cases of signs or other property confiscated pursuant to BC 5.05.010 through 5.05.260 the claimant must submit to the mayor or the department satisfactory proof of ownership or right to possession and payment of charges and expenses for storage, preservation and custody of the property.

1. The charges and expenses for storage, preservation and custody of signs or other property the mayor takes into possession shall be an amount set by resolution of the Council.

2. If the interested person desires a hearing to challenge the seizure of the property and, on appropriate application under BC 5.05.010 through 5.05.260 the municipal court shall hear the matter pursuant to the procedures provided for civil infractions and during the pendency of the hearing no daily storage charges shall accrue.

3. At any time after the 60 day period from confiscation of the sign or other property, the mayor shall cause to be disposed of or destroyed any sign or other property which has been seized, except the property shall be held as evidence in any legal or court proceeding. When the court proceedings are concluded, any owner shall have 20 days in which to reclaim the property by paying the appropriate charges for storage, preservation and custody of signs or other property. After the 20 days, the mayor may dispose of or destroy a sign or other property which has not been claimed by the owner or responsible person.

4. If the signs or other property are sold at auction as provided for in BC 2.05.020, no sign or other property shall be sold for less than $100.00 or the amount of charges, whichever is less.

2.05.018 Presale Procedure for Property Valued at over $250.00 When an Interested Person Has Not Been Found or Ascertained or No Claim Has Been Made by the Interested Person.

A. If after 30 days from the day property valued at $250.00 or more comes into the possession of the department, an interested person cannot be found, the department shall cause to be published in a newspaper of general circulation within the city, once each week for two consecutive weeks, a notice generally describing the finding, the property found, and the final date before which the property may be claimed. The sale shall not take place until at least 10 days after the publication of the second notice.

B. If an interested person applies to the department for the return of the property before a sale has taken place, submits to the department satisfactory evidence of the person’s interest, and pays the costs of holding the property, the department shall surrender the property to the person.

C. If no person appears and establishes ownership of or interest in the property within six months after the property has come into the possession of the department, the mayor shall cause the property to be sold at auction as provided for in BC 2.05.020.

2.05.020 Sale Procedure for All Personal Property.

A. If no claim has been made or if all claims made have been rejected as not bona fide before the time set for the sale of personal property, the mayor shall offer the property for sale to the highest bidder for cash. In default of bids from others, the mayor may dispose of the property without the necessity of taking further bids according to the rules established by the mayor.

B. The mayor shall cause to be published in a newspaper of general circulation within the city a notice generally describing the property to be sold at auction and giving the date, time and location of the auction. The notice shall be published at least 10 days prior to the auction.

C. 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 the sale and proving ownership or right of possession shall be entitled to reclaim the property on the payment of the charges and expenses incurred by the city in storage, preservation and custody of the property and a proportionate share of the costs of advertising the property for sale. Any person who was notified pursuant to BC 2.05.016 and who does not claim the property within the time specified by BC 2.05.016, shall be deemed to have abandoned the property and may not claim the property under this section.

D. If no bids are entered for the property or if the highest bid entered is less than the costs incurred by the city, the mayor may enter a bid on behalf of the city in an amount equal to the costs. If bid on by the city, the property shall become the property of the city as compensation for the costs incurred or, if of no use or value to the city, shall be disposed of in such manner as the mayor directs.

E. The proceeds of the 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.

F. The sale shall be without the right of redemption.

G. No owner or operator of a place in which property has been stored by the city shall release property without first having obtained a written release from the department.

2.05.022 Certificate of Sale.

At the time of the payment of the purchase price, the mayor 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. The 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 title of the property other than the return of the purchase price in case the title is for any reason invalid. The certificate of sale shall be in a form prescribed by the city attorney.

2.05.024 Places of Storage to File Monthly Inventories.

The owner or operator of a place in which personal property has been stored by the city shall, at least 15 days before the date of the auction scheduled for the storage place, or on request of the mayor, provide to the mayor an inventory of all property currently held. The inventory shall include the date of impoundment, serial or other identifying numbers, and other description information which would identify the property.

2.05.025 Transfer of Property.

In lieu of sale of property under the provisions of BC 2.05.010 through 2.05.028, the mayor may transfer any portion of unclaimed property to the city for use by the city.

2.05.026 Special Disposition of Other Personal Property.

A. The mayor may have personal property in the custody of the city appraised by appropriate means. If the property is valued at $100.00 or less and is not suitable for sale pursuant to BC 2.05.016 or remains unsold at the auction, the mayor may destroy or otherwise dispose of the property as provided in the rules adopted by the mayor.

B. Property that has been seized without a search warrant may be sold at auction if a judge has ordered the property delivered to the mayor in accordance with the provisions of ORS 133.623 as it now exists or is hereafter amended.

C. Property seized under authority of a search warrant shall be disposed of in accordance with ORS 133.633 to 133.663.

D. Property seized by a peace officer without a warrant shall be disposed of in accordance with ORS 133.623.

E. The officer may destroy weapons and firearms that are not considered suitable for sale pursuant to BC 2.05.020 or transferable pursuant to this section, or that were not disposed of pursuant to subsections B, C or D.

F. Perishable property coming into the possession of the mayor may be disposed of immediately, without notice, in the manner prescribed by the rules authorized in BC l.02.010.

2.05.030 Appraisal and Sale of Vehicle Nuisance.

A. Appraisal. After removing the vehicle, the city shall cause it to be appraised by an appraiser qualified under rules promulgated by the mayor.

B. Sale of Vehicle Appraised At or Below $750.00.

1. If the vehicle is appraised at $750.00 or less, the mayor shall file with the Department of Motor Vehicles an affidavit describing the vehicle, including the license plates, if any, stating the location and appraised value of the vehicle, that the vehicle will be junked or dismantled, and that notice of intent to junk or dismantle the vehicle was given to the owner in the notice of abatement or, thereafter, by mail at least seven days prior to disposal of the vehicle. [BC 2.05.030 B1, amended by Ordinance No. 3367, 4/24/84]

2. On completion and forwarding of the affidavit, the mayor may, without notice and public sale, dispose of the vehicle and execute a certificate of sale in the form prescribed by the city attorney.

C. Sale Where Vehicle Is Appraised At Over $750.00. If a vehicle is appraised at a value of more than $750.00, the mayor shall sell the vehicle at a public sale pursuant to BC 2.05.020. However, the published notice of sale describing the property to be sold shall include the type and make of the vehicle, the license plate, and the identification number.

2.05.032 Redemption of Vehicle Nuisance Before Sale.

A. A vehicle abated under the provisions of BC 5.05.150 through 5.05.165 may be redeemed by the owner or by the person in charge of the property from which the vehicle was removed, before sale or disposition has taken place. To redeem the vehicle, the owner or person in charge shall:

1. submit to the mayor satisfactory proof of the owner’s or person in charge’s ownership or right of possession;

2. pay the costs and expenses incurred in the removal, storage, preservation or custody of the vehicle; and

3. provide satisfactory proof that the nuisance character of the vehicle will not be resumed.

B. On compliance with subsection A, the mayor shall execute a receipt and cause the vehicle to be returned.

2.05.034 Reduction of Lien Amount.

After disposing of the discarded vehicle, the amount of the lien placed on the property pursuant to BC 5.05.215 shall be reduced by the amount of money received from sale of the vehicle.

II. UNIFORM REVOCATION PROCEDURES

2.05.050 Scope of Provisions.

BC 2.05.050 through 2.05.066 shall govern the revocation, suspension, issuance, or modification of any license, permit, franchise, or privilege granted by the city, except where the Code or ordinance governing the issuance of the license, permit, franchise, or privilege provides otherwise.

2.05.052 Definitions.

For the purposes of BC 2.05.050 through 2.05.066 the following mean:

Issuing officer – The department head, officer, or employee authorized to grant, revoke, or administer the terms of any license, the Council when so authorized or, if none is so authorized, the mayor or the mayor’s designee.

License – Any permit, privilege, franchise or license issued by or on behalf of the city.

Licensee – The person applying for, holding, or possessing a license or the person’s authorized representative, agent, or employee, or a person conducting activities for which a license or permission from the city is required.

2.05.053 Violation of Development Agreement.

If the city has entered a development agreement with any party concerning the development of land within the city and has mailed or delivered a written notice that the party is in breach or default of the development agreement, the city may deny any application for any permit or license, including land use or building permits, or revoke permits or licenses on such property because of the breach or default of the development agreement. [BC 2.05.053, added by Ordinance No. 4286, 2/3/04]

2.05.054 Grounds for Revocation of License.

The issuing officer is authorized to initiate proceedings to revoke the license held by any person if the issuing officer has probable cause to believe that:

A. The licensee deliberately made a false statement in connection with the issuance, renewal or exercise of a license;

B. The licensee deliberately omitted information requested in connection with the issuance, renewal or exercise of a license;

C. The license granted is being or has been exercised contrary to the terms and conditions of the license or in violation of city, State or Federal law, regulation, or statute; or

D. The activity, use or privilege authorized under the license is being or has been exercised so as to be detrimental to the public health, safety or welfare.

E. The licensee has taken an action or failed to act and the action or failure to act is specifically listed in this Code as cause for revocation.

2.05.056 Institution of Revocation Proceedings and Hearing.

A. On a showing of sufficient cause to believe that possible grounds exist for revocation, the issuing officer may institute proceedings for revocation of any license within the scope of BC 2.05.050 through 2.05.066 by notifying the licensee to whom the license was issued or the licensee’s successor in interest by certified mail, return receipt requested, by personal service, or by substituted service at least ten days before the effective date of revocation. The notice shall contain:

1. a statement of the proposed revocation, the grounds for the revocation including reference to the applicable Code section or regulation, and the effective date of the revocation;

2. a statement that the licensee has the right to a hearing concerning the revocation and must request one in writing within five working days of receipt of this notice; and

3. a statement that if the licensee requests a hearing, the revocation shall be stayed until the hearing is held.

B. The licensee must file the licensee’s written notice of appeal with the city recorder within five working days of receipt of notice of suspension. The notice must include:

1. the name and address of the appellant;

2. the nature of the determination being appealed;

3. the reason the determination is incorrect; and

4. what the correct determination should be.

C. The appeal is limited to the issues raised in the appellant’s written notice of appeal. Any issue not raised is waived by the appellant and may not be raised at a later time in the proceedings.

D. The failure to file a notice of appeal within the five working day period also waives any objections that the licensee might have to the revocation or suspension.

E. Failure to actually receive a notice sent or served shall not invalidate the revocation proceedings.

F. The hearing shall be held within 14 days of receipt of the notice.

G. The hearing shall be held before the Council. However, if the Council cannot be assembled for a hearing within 14 days, then the hearing shall be before a hearings officer appointed by the mayor, but the issuing officer shall not be appointed as the hearings officer. When reference is made to the Council in its capacity as a hearing body, it shall also include a hearings officer appointed by the mayor.

2.05.058 Determination by Council; Effective Date.

A. Within 30 days of the hearing, the Council shall by written order:

1. revoke the license; or

2. allow the use of the license to continue under any conditions previously imposed; or

3. allow the use of the license to continue and impose conditions if none were previously imposed, or modify, delete, or add to conditions previously imposed.

B. In determining whether to revoke or suspend a license, the Council may consider any relevant prior conduct of the licensee, whether or not the conduct resulted in revocation or suspension of a license or a citation for a civil infraction or criminal offense.

C. The Council’s order shall include findings of facts to support its determination. The order shall be filed with the city recorder.

1. A revocation ordered after a hearing before the Council shall be effective on a date the Council determines, but it shall not be effective prior to the date the written order is approved by the Council.

2. Modification, addition, or deletion of conditions shall be effective on a date the Council determines, but shall not be effective prior to the date the written order is approved by the Council.

2.05.060 Suspension Procedures When Serious Danger to Public Health or Safety Exists; Effective Date.

The procedures in BC 2.05.056 do not apply when the issuing officer determines that conduct by the licensee or circumstances surrounding the use of the license constitutes a serious danger to the public health or safety. In that case, the issuing officer shall suspend the license and follow the procedures set forth below.

A. The issuing officer shall notify the licensee by phone, certified mail, return receipt requested, or by personal or substituted service that the licensee must cease and desist all activity authorized by the license.

B. The notice shall include:

1. the fact of the suspension, the reasons for the suspension, and the duration of the suspension;

2. a statement that the licensee has the right to a hearing before the Council within seven working days, and the date, time, and place of the hearing; and

3. a statement that the licensee must cease all activities under the license until the hearing is held and an order made by the Council.

C. If the issuing officer determines that the licensee has corrected or eliminated the conduct or circumstances constituting the serious danger to public health or safety, then the issuing officer may lift the suspension. However, the violation may still be presented to the Council as cause for revocation or the licensee may be cited for a violation of the law.

D. A suspension notice may also serve as notice of revocation, in which case the notice should state that fact and include all the information listed in BC 2.05.056.

E. In addition to the cease and desist order, the city attorney may pursue injunctive relief in the appropriate court.

F. The hearing provided for in subsection B of this section shall be conducted according to the procedures outlined in BC 2.05.056 through 2.05.058, except that, if the Council determines the suspension was proper and orders revocation of the license, the effective date of revocation shall be the date that the licensee received notice from the city to cease and desist activity.

G. If the Council determines that revocation is not necessary, then it may, in addition to the actions outlined in BC 2.05.058 A, order suspension of the license for a specified period of time or until the circumstances or conditions warranting suspension are rectified or corrected.

H. If the Council determines that the suspension should be terminated and that revocation is not necessary, the licensee may resume lawful activities under the license immediately. A written order shall be issued within 30 days according to the requirements of BC 2.05.058 B.

2.05.062 Appeal of the Council’s Decision.

The decision of the Council on suspension or revocation of a license or modification, deletion, or addition of conditions to a license shall be final unless the licensee files an action in the appropriate court having jurisdiction within the period of time prescribed by the State statute of limitations or if no time period is established by State law, within 30 days of the date of action taken by the Council.

2.05.064 Issuance or Renewal of License to Licensee or Applicant Who Has Had License Revoked or Suspended or Application Denied.

A. No license shall be issued to any person who has had a similar license revoked or suspended or whose application for a similar or the same license has been denied within a one year period from the date of application for the second or succeeding permit, unless the applicant can show that the applicant now meets qualifications for issuance or renewal of the license and the reasons for or the circumstances surrounding the revocation of the license are not likely to reoccur.

B. The issuing officer in determining whether to issue or renew a license may consider any proper suspensions or revocation of the same or similar license occurring in the previous five years. The written denial shall state the reasons for denial and the right to appeal. If the license issuance or renewal is denied by the issuing officer on account of prior suspensions or revocation, the issuing officer’s decision may be appealed if the licensee files a written notice or appeal within five days of the written denial of the license.

If an appeal is filed, the proceedings shall be governed by BC 2.05.056 and BC 2.05.058.

2.05.066 Violation.

Any person who operates a business or carries on an activity covered by a revoked, suspended, or expired license, until a new license is issued or the suspension ends, is guilty of a violation of this Code. Violation is a Class l Civil Infraction and shall be processed in accordance with the provisions of BC 2.10.010 through 2.10.050.