Article 14.04
Disposition of Abandoned Property.

Sections:

14.04.110    Impoundment of Personal Property.

14.04.120    Redemption by Owner, Disposal.

14.04.130    (Repealed by Ord. No. 1476, Sec. 3; 05-16-72.)

14.04.140    Sale of Unredeemed Property.

14.04.150    Bill of Sale for Purchaser.

14.04.110 Impoundment of Personal Property.

Whenever personal property of any kind or nature, except animals or vehicles, is found on any public property within the City under circumstances in which no person appears to be in immediate possession or control of it and where such property appears to have been lost or appears to have been abandoned for more than 24 consecutive hours, the City may impound the same and have it transported and stored in any suitable public or private storage facility. In addition, the City may impound property alleged to have been the subject of a theft and may also impound for safekeeping any personal property in the possession of a person taken into custody.

(Ord. No. 464, Sec. 1; 05-05-53. Ord. No. 1476, Sec. 1; 5-16-72. Ord. No. 1975, Sec. 55; 09-20-88.)

14.04.120 Redemption by Owner, Disposal.

Property impounded under LOC 14.04.110 may be redeemed at any time prior to actual sale or disposal by showing right to possession of such property and by paying any reasonable charges incurred in impounding and storing said property. In the case of stolen property which is also physical evidence, the period of redemption shall not begin to run until such time as the court which examines the charge against the accused shall order the property released to its owner. Regarding impounded property which was in the possession of a person taken into custody, the period of redemption shall not begin to run until said person is convicted or released from custody. If any impounded property is not claimed by a person entitled to possession thereof, ownership of the property shall vest in the City and the property shall be disposed of as provided below:

1.    In the case of stolen property, the City shall hold the same for a period of time of at least 60 days. If the owner does not claim the property within this period, it may be disposed of at public sale or under any other applicable subsection of this provision.

2.    In the case of property, which after careful examination appears to have a value of $10 or less, the same shall be held for a period of at least 30 days. If not claimed within that period, such property may be disposed of without notice or public sale, but in no event shall any officer or employee of the City obtain title to or possession of such property upon disposal.

3.    In the case of any perishable materials, the City shall hold them for a period of time not exceeding the useful life of such material, or in no event longer than 30 days. If the owner does not claim the perishable material within the above time limit, it may be disposed of in any reasonable manner.

4.    In the case of narcotics, dangerous drugs and contraband in the custody of the Police Department which are not needed as evidence and are not subject to order of court or other lawful order, the City shall destroy them at the direction of the City Manager or his/her designee, by incineration, flushing or burying, as appropriate. The destruction shall be witnessed by a minimum to two persons: one shall be designated by the City Manager and at least one must be of police command rank. Nothing in this section shall prevent the immediate destruction of bombs, explosives, hazardous materials or other personal property which the City Manager or his/her designee believes constitutes an immediate threat to public health or safety.

(Ord. No. 464, Sec. 2; 05-05-53. Ord. No. 1476, Sec. 2; 05-16-72. Ord. No. 1975, Sec. 56; 09-20-88.)

14.04.130 (Repealed by Ord. No. 1476, Sec. 3; 05-16-72.)

14.04.140 Sale of Unredeemed Property.

The City Recorder shall cause the posting of a notice in three public places within the City not less than ten days prior to any sale held pursuant to this section. In addition, notice of such public sale shall be published in a newspaper of general circulation within the City of Lake Oswego and shall also be mailed to any ascertained legal owners or holders of a security interest in any property to be sold. Such sale shall be under the direction of the City Manager or his delegate and all proceeds from such sale shall first be applied to defray the costs of the sale and secondly to reimburse the City for all accrued costs of impounding and storage. Any remaining proceeds shall be deposited in the general fund of the City. Within one year after the sale of any item, the owner thereof may establish proof of ownership and recover any remaining proceeds from the sale of such item.

(Ord. No. 464, Sec. 3; 05-05-53. Ord. No. 1476, Sec. 4; 05-16-72.)

14.04.150 Bill of Sale for Purchaser.

Any purchaser of any item sold by the City at public sale shall be entitled to receive a bill of sale executed by the City which shall pass all right, title and interest which the City possesses in the item to the purchaser thereof.

(Ord. No. 464, Sec. 4; 05-05-53. Ord. No. 1476, Sec. 5; 05-16-72.)