Chapter 2.55


2.55.010    Definitions.

2.55.020    Rights and duties of finder of personal property.

2.55.030    Custody of property.

2.55.040    Surrender to true owner.

2.55.050    Sale of property.

2.55.060    Certificate of sale.

2.55.070    Use of property by city.

2.55.080    Dangerous or perishable property.

2.55.010 Definitions.

The following definitions shall apply to the provisions in this chapter:

(A) “Contraband” means the following:

(1) Controlled substances including any drug or its immediate precursor classified in Schedules I through V under the Federal Controlled Substances Act, 21 USC Sections 811 to 812;

(2) Drug paraphernalia including all equipment, products and materials of any kind which are marketed for use or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance.

(B) “Dangerous personal property” means any weapon, device, instrument, material or substance, which under the circumstances in which it is used, attempted to be used or threatened to be used, is readily capable of causing death or serious physical injury.

(C) “Perishable personal property” means any personal property that is apt to spoil or decay easily, especially food. [Code 2000 § 2.700; Ord. 880 § 1 (Exh. A), 2006.]

2.55.020 Rights and duties of finder of personal property.

Any finder of personal property shall follow the provisions of ORS 98.005 to 98.050. If the property remains unclaimed, the provisions provided in this chapter shall be followed. [Code 2000 § 2.705; Ord. 880 § 1 (Exh. A), 2006.]

2.55.030 Custody of property.

Whenever any personal property other than a motor vehicle is taken into the custody of any department of the city by reason of its having been abandoned, found, seized, 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 of it. [Code 2000 § 2.710; Ord. 880 § 1 (Exh. A), 2006.]

2.55.040 Surrender to true owner.

Except when the property in question has been confiscated or is being held as evidence, the police department shall give notice that the property is being held by the police department. Such notice need only be given when true ownership can be determined. The owner or person lawfully entitled to possession may reclaim it upon application to the police department. The department shall require satisfactory proof of ownership or right of possession, and the department shall further require the payment of any charges and expenses incurred in the storage, preservation and custody of the property. [Code 2000 § 2.715; Ord. 880 § 1 (Exh. A), 2006.]

2.55.050 Sale of property.

(A) At any time after the expiration of 90 days from the time the property comes into the possession of the police department, the chief of police may sell the property at public auction or via external auction service. The chief of police shall not sell any such property held in evidence in any court proceeding until the need for its use in that proceeding has passed. Notice of the 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. The notice shall give the time and place of the sale and shall describe generally the property to be sold at the sale.

(B) All sales of property under this chapter shall be made 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 to the property in question shall be entitled to reclaim it 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 for the sale.

(C) If no bids are entered for the property or if the highest bid 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.

(D) The proceeds of the sale shall be applied first to payment of the costs of the sale and any expenses incurred in the preservation, storage and custody of the property, and any balance shall be credited to the general fund of the city.

(E) The sale of property pursuant to this chapter shall be without right of redemption. [Code 2000 § 2.720; Ord. 880 § 1 (Exh. A), 2006.]

2.55.060 Certificate of sale.

At the time of the payment of the purchase price, the chief of police shall sign 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 city recorder 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 title of the property other than the return of the purchase price in the event the title should prove for any reason to be invalid. The certificate of sale shall be in substantially the form provided in Appendix 4.* [Code 2000 § 2.725; Ord. 880 § 1 (Exh. A), 2006.]

* Code reviser’s note: Appendix 4 is on file in the city recorder’s office.

2.55.070 Use of property by city.

(A) In lieu of a sale of the property under CMC 2.55.010 through 2.55.040, at any time after the expiration of 90 days from the time the property comes into the possession of the police, the city manager may, at the request of the chief of police, convert the property to public use by entering it on the city’s fixed asset inventory.

(B) Notice of the transfer of the property to the city shall be given once by publication in a newspaper of general circulation in the city at least 10 days before the property is converted to city use. The notice shall describe the property and state that the described property shall be converted to city use if the property is not reclaimed within 10 days. Any claim of ownership shall be subject to the provisions of CMC 2.55.020.

(C) If the property is not reclaimed within 10 days after publication of the notice described in subsection (B) of this section, the property shall be entered on the city’s fixed asset inventory and shall not be subject to the right of redemption. [Code 2000 § 2.730; Ord. 880 § 1 (Exh. A), 2006.]

2.55.080 Dangerous or perishable property.

The chief of police may order the destruction or other disposal of any property coming into the city’s possession which is, in the chief’s judgment, dangerous or perishable. [Code 2000 § 2.730D; Ord. 880 § 1 (Exh. A), 2006.]