Chapter 3.05


3.05.010    Custody of property.

3.05.020    Surrender to true owner.

3.05.030    Sale procedure.

3.05.040    Bill of sale.

3.05.050    Alternative disposal.

3.05.060    Dangerous or perishable property.

3.05.070    Scope.

3.05.010 Custody of property.

Whenever any personal property other than motor vehicles is taken into the custody by any city department by reason of seizure, abandonment, or for any other similar reason, the personal property shall be turned over to and held by the public works department at the expense and risk of the owner or person lawfully entitled to possession of the property. (Ord. 537 § 1, 2016; Ord. 219 § 1, 1981)

3.05.020 Surrender to true owner.

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 written request to the public works director, or designee, submission of satisfactory proof of ownership or right to possession, and payment of charges and expenses, if any, incurred in the storage, preservation and custody of the property. (Ord. 537 § 1, 2016; Ord. 219 § 2, 1981)

3.05.030 Sale procedure.

(1) At any time after said 60-day period, the public works director, or designee, shall sell at public auction any property which has been taken into custody and not reclaimed 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.

(2) 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.

(3) If no bids are entered for the property or if the highest bid entered is less than the costs incurred by the city, the public works director 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 administrator directs.

(4) 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.

(5) Sales shall be without the right of redemption. (Ord. 537 § 1, 2016; Ord. 219 § 3, 1981)

3.05.040 Bill of sale.

At the time of the payment of the purchase price, the public works director, or designee, shall execute a bill of sale and release of liability 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 bill of sale 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 such property other than the return of the purchase price in case the title is for any reason invalid. (Ord. 537 § 1, 2016; Ord. 387 § 5, 1998; Ord. 219 § 4, 1981)

3.05.050 Alternative disposal.

In lieu of a sale of the property under the foregoing provisions of this act, the public works director, with the approval of the Veneta city council, may transfer any portion of the unclaimed property to the city for use by the city or may donate the unclaimed property to a worthy charity. (Ord. 537 § 1, 2016; Ord. 219 § 5, 1981)

3.05.060 Dangerous or perishable property.

Any property coming into the possession of the public works department which the public works director, or designee, determines to be dangerous or perishable may be disposed of immediately, without notice, in such manner as is determined to be in the public interest. (Ord. 537 § 1, 2016; Ord. 219 § 6, 1981)

3.05.070 Scope.

This chapter shall apply to all personal property, except motor vehicles, now or hereafter taken into the custody of the city. This chapter shall not apply to personal property purchased by or donated to the city. (Ord. 537 § 1, 2016; Ord. 219 § 7, 1981)