Ordinance No. 02-11 ATTACHMENT #3
CITY OF TIGARD, OREGON
ORDINANCE NO.02- 11
AN ORDINANCE AMENDING SECTION 2.52 OF THE TIGARD MUNICIPAL CODE CHANGING SUB
SECTION 2.52.030 AND SUB SECTION 2.52.040 ABANDONED,FOUND, SEIZED AND STOLEN PROPERTY.
WHEREAS, Sub section 2.52 regulates the sale of abandoned, found, seized and stolen property, and
WHEREAS, current and past practice have been to dispose of such property at a public auction in
conjunction with other law enforcement agencies, and
WHEREAS, the proposed amendment codifies the practice and is consistent with the accepted business
practices of other counties and municipalities in the disposal of property,
WHEREAS, Sub section 2.52.050 should refer to current ORS 166.280.
NOW, THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Sub Section 2.52.030 is amended to allow for disposal of property at public auctions in
conjunction with other law enforcement agencies.
SECTION 2: Sub Section 2.52.040 Certificate of Sale is eliminated and replaced with 2.52.040 Use of
Property by City.
SECTION 2: Sub Section 2.52.050 Dangerous or Perishable Property state"weapons shall be destroyed
in accordance with ORS 166.280."
SECTION : This ordinance shall be effective 30 days after its passage by the Council, signature by
the Mayor, and posting by the City Recorder.
PASSED: By �!�(�,Z im{��� vote of all Council members present after being read by number
and title only,thisk�! day of e. 2002.
atherine Wheatley, City RecoiUer
APPROVED: By Tigard City Council this qday of 2002.
amen E. G �ffith, or
A roved as to fo
City Attorney
/ L)
Date
ORDINANCE No. 021t
Page 1
ATTACHMENT #1
TIGARD MUNICIPAL CODE
Chapter 2.52 ABANDONED,FOUND,
SEIZED AND STOLEN 2.52.030 Sale Of Proper-ty.of property.
PROPERTY.
(a) At any time after the expiration of
Sections:
2.52.010 Custody �.of ^rersikty days from the conclusion of all
property. criminal actions related to the seizure of the
2.52.020 Surrender To True Owner-.to property or after sixty days from the conclusion of
true owner. the investigation if no criminal action is filed, the
2.52.030 Sale Of Property. chief of police may sell the property at public
2:52:5 Eerzifieate Of Sade. auction. The Chic''4 Palieechief of police shall
2.52.04-5 t,!se Of Pr-opertyof not sell any such property held in evidence in any
property. court proceeding until the need for its use in that
2.52.040 Use of property by city. proceeding has passed.
2.52.050 Dangerous Or Peri°.b..bl
1'r-opetly.or perishable (b) No4eeThe auction may be conducted in
property;. conjunction with other law enforcement agencies.
2.52.060 Scope. The auction company, as agent for the police
depzrnnent, shall give notice of the sale shall be
2.52.010 Custody Of P-opetiv:ol' g'yeft once by publication in a newspaper of
property. general circulation in the C-i ,c�L at least X31
days before the date of sale. Notice must also be
Whenever any personal property other than a posted in at least three public places within the
motor vehicle is taken into the custody of any ( i!y of Tigard. A copy of the notice shall also be
department of the C2�c�by reason of its having sent to anyperson that the police department has
been abandoned, found, seized, or for any other reason to believe has an ownership or security
reason, the personal property shall be turned over interest in the property. The notice shall give the
to and held by the police department at the time and place of the sale and shall describe
expense and risk of the owner or person lawfully generally the property to be sold at the sale. The
entitled to possession of it. (Ord. 81-37 §1, 1981). notice shall include a statement in substantially
the following form:
2.52.020 Surrender To Tf!ue 4 re .to
true owner. NOTICE
Except when the property in question has The Tigard Police Department has
been confiscated or is being held as evidence, the in its physical possession the unclaimed
owner or person lawfully entitled to possession personal property described below. if
may reclaim it upon application to the police you have any ownership interest in any
department. The department shall require of that unclaimed property, you must
satisfactory proof of ownership or right to file a claim within 30 days from the date
possession, and the department shall further of publication of this notice, or you will
require the payment of any charges and expenses lose your interest in that propertk
incurred in the storage, preservation and custody
of the property. (Ord. 81-37 §2, 1981). O�)Lc� All sales of property under this
2-52-1 Re(orn)wfled 1994
TIGARD MUNICIPAL CODE
chapter shall be for cash and shall be made to the Stip
highest and best bidder; provided, however, that eondition oi= title of the pf0per-ty o4iet- +hati the
any person appearing at or prior to the sale and � '��e f tl o 4,
proving ownership or right of possession to the
property in question shall be entitled to reclaim it ee ief4e�AM! be in _ubstafltiall • the
upon the payment of the charges and expenses #allag#ems
incurred by the dt
y in the storage,
preservation and custody of the property and a `'—'FRTjRC T+--OF `n r+
proportionate share of the costs of advertising for
the sale. '44i is`e
eeftifr
{e)�d) �
If no bids are entered for the 1 _ n4p�tf stiaii.to(Atte fiotiee of 4iflie aiid lee'
property or if the highest bid is less than the costs of sale, 1 did efi the day of— 19 sell ai pttbhe
incurred by the c the attetien to #'ai the suiiq ef$- , each, the» fined
chief of police may enter a bid on behalf of the ,
(4 ty in an amount equal to such costs. If bid .
in by the G=- . ity, the property shall become the
property of the Gttycity as compensation for the
costs incurred. T„ eofliidei-ation of the n,� f zir the na:. suirc
(d) The(e) I'he auction company shall d,.ser-:bed Pfop r-ty to the. affied ptif,.h..,..t.
provide the City with a detailed list of items sold
and the monies received for each item. The Dated this day of 19
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 (44114'O POLICE
of the property, and any balance shall be credited
to the general fund of the C-�-
city. The auction company shall be responsible NOTICE TO P rR` H SER
for issuance of a receipt of sale to the purchaser of
the property. (g) The City of Tigard assumes no
responsibility as to the condition of the title to the
{Of The sale of property pursuant to property which is the subject of this transaction.
this chapter shall be without right of redemption. In the event this sale should for any reason be
(Ord.90-05 §1, 1990; Ord. 81-37 §3, 1981). invalid the liability of the City is limited to the
return of the purchase price. (Ord. 81-37 §4,
202 non r- t•fl to Ofc i 1981).
zr.� :v-rv- —`�c-a tzri czsrc��rc��'mc.
—At the tiffle of f�e payffient of"'He pe'—,"', 2.52.04-5 44se Of Property By
(4th 2.52.040 I[Tse of
sale ifl l , the ofigiflEtj to be deliver-ed+(3!be property k city.
offitof ahe n.., ee Direeta- 704ieh eef4ifieate (a) In lieu of a sale of the property under
shall eoiitttiii Wie date of sale, ,t e eotisidefatjoii Sections 2 52 nen ,fld 2 52 0404 ,. afty ,;.ti,,, aft
paid, a brief deset-iptiofi the expiFmioii of Ftinety-ciuyrc tiir,c:the
2-52-2 ReLormatted 1994
TIGARD MUNICIPAL CODE
pt:epei-t�' eeffies into the possession of the peliee
2.52.030, at
anywLQk- the City is authorized to sell the
property, the city manager may, at the request of
the { + " ' chief of police, convert the
property to public use by entering it on the
cfixed asset inventory.
(b) Notice of the transfer of the property to
the ( ci shall be given once by publication in
a newspaper of general circulation in the Cici
at least X31 days before the property is
converted to C,�c� use. The notice shall
describe the property and state that the described
property shall be converted to Gitycity use if the
property is not reclaimed within ten30days.
Any claim of ownership shall be subject to the
provisions of Section 2.52.020.
(c) If the property is not reclaimed within
�effLhirt_y days after publication of the notice
described in subsection (b) of this section, the
property shall be entered on the C�t4citv's fixed
asset inventory and shall not be subject to the
right of redemption. (Ord. 90-05 §2, 1990).
2.52.050 Dangerous Or Per-i.hable
Pr-opertv.or perishable
property.
The Chief 4 Peheechief of police may order
the destruction or other disposal of any property
coming into his possession which is, in his
judgment, dangerous or perishable. Weapons shall
be destroyed in accordance with ORS 166.280.
(Ord. 81-37 §5, 1981).
2.52.060 Scope.
This chapter shall apply to all personal
property, except motor vehicles, now or hereafter
in the custody of the r ct ot-Tigard. (Ord. 81-
37 §6, 1981).■
2-52-3 Reforinalled 1994
ATTACHMENT #2
TIGARD MUNICIPAL CODE
Chapter 2.52 ABANDONED, FOUND, The chief of police shall not sell any such
SEIZED AND STOLEN property held in evidence in any court proceeding
PROPERTY, until the need for its use in that proceeding has
Sections: passed. Notice of the sale shall be given once by
publication in a newspaper of general circulation
2.52.010 Custody of property. in the city at least ten days before the date of sale.
2.52.020 Surrender to true owner. The notice shall give the time and place of the sale
2.52.030 Sale of property, and shall describe generally the property to be
2.52.040 Certificate of sale. sold at the sale.
2.52.045 Use of property by city.
(b) All sales of property under this chapter
2.52.050 Dangerous or perishable
property. shall be for cash and shall be made to the highest
and best bidder; provided, however, that any
2.52.060 Scope,
person appearing at or prior to the sale and
2.52.010 Custody of property. proving ownership or right of possession to the
property in question shall be entitled to reclaim it
Whenever an personal roe upon the payment of the charges and expenses
y P P P rty other than a incurred by the city in the storage, preservation
motor vehicle is taken into the custody of any and custody of thero e
department of the city by reason of its having P e rty and a proportionate
been abandoned, found, seized, or for any other share of the casts of advertising for the sale.
reason, the personal property shall be turned over
to and held by the police department at the (c} If no bids arc entered for the property or
if the highest bid is less than the costs incurred by
expense and risk of the owner or person lawfully 1, 198 the ciy, the chief of police may enter a bid on
entitled to possession of it. (Ord. 81-37
§ ) behalf of the city in an amount equal to such
2,82,020 costs. If bid in by the city, the property shall
Surrender to true owner, become the property of the city as compensation
Except when the property in question has for the costs incurred.
been confiscated or is being held as evidence, the
(d) The proceeds of the sale shall be applied
owner or person IawfuIiy entitled to possession
may reclaim it upon application to the police first to payment of the costs of the sale and any
p expenses incurred in the preservation, storage and
department. The department shall require custody of the property, and any balance shall be
satisfactory proof of ownership or right to
Possession, and the department shall further credited to the general fund of the city.
require the payment of any charges and expenses
incurred in the storage, preservation and custody (e) The sale of property pursuant to this
of the property. (Ord. 81-37 §2, 1981). y chapter shall be without right of redemption. (Ord.
90-05 §1, 1990;Ord. 81-37 §3, 1981).
2.52.030 Sale of property.
2.52.040 Certificate of sale.
(a) At any time after the expiration of
ninety days from the time the property comes into At the time of the payment of the purchase
the possession of the police department, the chief price, the chief of police shall sign a certificate of
sale in duplicate, the original to be delivered to the
of police may sell the property at public auction.
Purchaser, and a copy to be kept on file in the
2-52-1 Reformatted 1994
TIGARD MUNICIPAL CODE
office of the finance director, which certificateshall contain the date of sale, the consideration property comes into the possession of the police
paid, a brief description of the property and a department the city manager may,
stipulation that the ciry does not wan ant the g Y> at the request
of the chief of police, convert the property to
condition or title of the property other than the public use by entering it on the city's fixed asset
return of the purchase price in the event the title inventory.
should prove for any reason to be invalid. The
certificate of sale shall be in substantially the (b) Notice of the transfer of the property to
following form: the city shall be given once b
newspaper of general circulation in theto city
at
CERTIFICATE OF SALE least ten days before the property is converted to
city use. The notice shall describe the property
This and state that the described Property shall be
certify that under the provisions of Ordinance tNo� converted to city use if the property is not
81-_and pursuant to due notice of time and place reclaimed within ten days.
of sale,I did on the da of_ 19___ Y Any claim of
ownership shall be subject to the provisions of
auction to for the sum of$ sell at public
Section 2.52.020.
cash,the named
person being the highest and best bidder, the
not reclimed within
following described personal property: (brief (c) If the ro e
description of property).
ten days after p bli ationlof he notice described
in subsection (b) of this section, the property shall
In consideration of the payment of the sum be entered on the city's fixed asset inventory and
identified above I have on this date delivered the shall not be subject to the right of redemption.
described property to the named purchaser. (Ord. 90-05 §2, 1990).
Dated this_ day of 19 2.52.0511 Dangerous or perishable
property.
CHIEF OF POLICE The chief of police may order the destruction
or other disposal of any property coming into his
Possession which is, in his judgment, dangerous
NOTICE TO PURCHASER or perishable.(Ord. 81-37 §5, 1991)_
The City of Tigard assumesno responsibility 252.060 Scope.
as to the condition of the the
title to
which is the subject of this the to ti a PrIn the This chapter shall apply to all personal
event this sale should for any reason be invalid the
property, except motor vehicles, now or hereafter
liability of the City is limited to the return of the to the custody of the city of Tigard. (Ord. 81-37
purchaseprice. (Ord. 81-37 §4, 1981). §6, 1981).■
2.52.045 Use of property by city.
(a) In lieu of a sale of the property under
Sections 2.52.030 and 2.52.040, at any time after
the expiration of ninety days from the time the
2-52-2
Reformatted 1994