Chapter 10.48
ABANDONED BICYCLES

Sections:

10.48.010    Definitions.

10.48.020    Impoundment procedure.

10.48.030    Notice to owner.

10.48.040    Owner not identified—Notice of sale.

10.48.050    Redemption by owner.

10.48.060    Sale.

10.48.070    Certificate of sale.

10.48.080    Conveyance to buyer.

10.48.090    Applicability.

10.48.010 Definitions.

As used in this chapter, unless the context requires otherwise:

“Abandoned” means left unoccupied and unclaimed or any damaged or dismantled condition upon the streets or alleys of the city.

“City” means the city of Sutherlin.

“Costs” means the expense of removing, storing or selling an impounded vehicle.

“Chief of police” includes any authorized law enforcement officer of the city.

“Owner” means any individual firm, corporation or unincorporated association with a claim, either individually or jointly, of ownership or any interest, legal or equitable, in a vehicle.

“Vehicle” means any bicycle or other device moved by human power. (Ord. 482 § 1, 1974)

10.48.020 Impoundment procedure.

A. It shall be the duty of the police department whenever a vehicle is found abandoned upon the streets or alleys to:

1. Make a routine investigation to discover the owner and request removal of the vehicle; and

2. If the owner is not found, to impound the vehicle.

B. The police department, after impounding any vehicle in accordance with the provisions of this chapter, shall:

1. Make a diligent inquiry as to the name and address of the owner of the vehicle;

2. Examine such vehicle for license number or other information which will aid in the identification of the ownership of the vehicle. (Ord. 482 §§ 2, 3, 1974)

10.48.030 Notice to owner.

If the owner is identified, he shall be notified immediately by registered mail that such vehicle is held by the police department of the city. The notice to the owner shall also state:

A. The reason for impounding the vehicle;

B. The existing costs, if any, charged against the vehicle;

C. An estimate of future costs, including costs of advertising the vehicle for sale; and

D. Unless the owner redeems the vehicle within ninety (90) days from the day of mailing the notice, the vehicle:

1. Will be advertised for sale in accordance with Section 10.48.050, and

2. Will be sold at public auction at a definite time and place within the city to the highest and best bidder for cash. (Ord. 482 § 4, 1974)

10.48.040 Owner not identified—Notice of sale.

A. If the owner cannot be identified after compliance with Section 10.48.020(B), or no claim is made by a notified owner within the time specified by Section 10.48.030, the chief of police shall cause to be posted in three public places within the city a notice of sale. The notice of sale shall state:

1. The sale is of abandoned property in possession of the city;

2.  description of the vehicle, including any type, make, and any other information that will aid in accurately identifying the vehicle;

3. Terms of sale; and

4. The date, time and place of the sale.

B. The notice of sale shall be posted in not less than three public places within the city and at least ten days prior to the date of the proposed sale. (Ord. 482 § 5, 1974)

10.48.050 Redemption by owner.

A. An owner may redeem a vehicle impounded under the provisions of this chapter before the sale has taken place by applying to the police department, whereupon he shall:

1. Submit evidence of his ownership or interest in the vehicle satisfactory to the chief of police that such claim is rightful; and

2. Pay the costs due and owing at the time the application to redeem is made.

B. Upon compliance with subsection A of this section, the chief of police shall execute a receipt for the owner and cause the vehicle to return to him. (Ord. 482 § 6, 1974)

10.48.060 Sale.

A. If no claim shall have been made to redeem an impounded vehicle before the time set for the sale of such vehicle, the chief of police shall hold a sale at the time and place appointed within the view of the vehicle to be sold.

B. The vehicle shall be sold to the highest and best bidder, providing that if no bids are entered or those bids which are entered are less than the costs incurred by the city, the chief of police shall enter a bid on behalf of the city in an amount equal to such costs.

C. Proceeds of such sale shall be applied:

1. To the payment of costs incurred by the city; and

2. The balance, if any, shall be transferred to the city recorder of the city, to be credited to the general fund. (Ord. 482 § 7, 1974)

10.48.070 Certificate of sale.

A. At the time of payment of the purchase price, the chief of police shall execute a certificate of sale in duplicate, the original of which shall be delivered to the purchaser and the copy thereof filed with the city recorder of the city.

B. The certificate of sale shall be substantially as follows:

CERTIFICATE OF SALE

This is to certify that under the provision of Ordinance No. 482 entitled “An Ordinance for the Impounding and Disposition of Bicycles” and pursuant to due notice of the time and place of sale, I did on the day of , 19 , sell at public auction to for the sum of $ cash, he being the highest and best bidder, and that being the highest and best sum bid therefor, the following described personal property, to-wit:

(brief description of property)

And in consideration of the payment of said sum of $ , receipt whereof is hereby acknowledged, I have this day delivered to said purchaser the foregoing property.

Dated this ____ day of _________, 19___.

_______________

Note: The City of Sutherlin assumes no responsibility as to the condition of 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 the return of the purchase price.

(Ord. 482 § 8, 1974)

10.48.080 Conveyance to buyer.

Upon such sale being consummated the chief of police shall deliver the vehicle and the certificate of sale to the purchaser. Such sale and conveyance shall be without redemption. (Ord. 482 § 9, 1974)

10.48.090 Applicability.

This chapter shall apply to all abandoned vehicles now in the possession of the city as well as to all such vehicles as may hereafter be impounded. (Ord. 482 § 10, 1974)