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Ordinance No. 81-37 CITY OF TIGARD, OREGON • ORDINANCE NO. 81- 3? AN ORDINANCE PROVIDING FOR DISPOSITION OF ABANDONED, FOUND, SEIZED .AND STOLEN PROPERTY. The City of Tigard does ordain as follows: 'Section 1: 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 Section 2: Surrender to True Owner. Except when the property in question has been confiscated or is being held as evidence 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 to posssession, and the department shall further require the payment of any charges and expenses incurred in the storage, preservation and custody of the property. Section 3 Sale of Property. (a) At any time after the expiration of 60 days from the time the property comes into the possession of the Police Department, the ChiefofPolice may sell the property at public auction. He shall not y 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 of Tigard at least ten 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 ordinance shall be for cash .and 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 A costs. If bid in 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 a tody e of the property, and anv balance anu custodya a shall be credited to the General Fund of the City. (e) The sale of property pursuant to this ordinance shall be without right of redemption. Section 4: 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 finance director, 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 following form: CERTIFICATE OF SALE This is to certify that under the provisions of Ordinance No. 81m and pursuant to due notice of time and place of sale, I did on the day of 19 sell at publ_ ^ auction to for the sum of $ , cash, the named person being the highest and best bidder, the following described personal property: (brief description of property). In consideration of the payment of the sum identified above I have on this date delivered the described property to the named purchaser. Dated this day of , 19r CHIEF OF POLICE NOTICE TO PURCHASER The City of Tigard assumes no responsibility as to the condition of the title to the property which is the subject of this, transaction. In the event this sale should for any reason be invalid the liability of the City is limited to the return of the purchase price, Section 5: Dangerous or Perishable Property. The Chief, of Police may order the destruction or other disposal of any property coming into his possession which is, in his judgment, dangerous or perishable. Section 6: Scope. This ordinance shall apply to all personal property, except motor vehicles, now or hereafter in the custody of the City of Tigard. Section 7: Effective Date. This ordinance shall become effective on the 31st day following its passage. PASSED: By 11 namivr7o.a <, vote of the City Council on the day of NI , 1981. s RECORDER, CITY F TIGAR APPROVED: 3y the Mayor this �_ day of /�E , 1 8 1. MAYOR, CITY OF TIGARD y, t f LANDIs, AEBI & BAILEY { LAWYERS 1516 GEORGIA-PACIFIC BUILDING PORTLAND,OREGON 97204 4 TELEPHONE(503)224-6532 DAVID C.LANDIS FRED M.AE61 JOE D.BAILEY JOHN C.MERCER JAMES M.CALLAWAN ANNA W MORAN I 1 K ELIZABET/i GOEBEL April 8, 19 81 p. DAVID R.FOSTER LC' CF C a� f Mr. Robert B. Adams ` E Chief of Police City of Tigard 9020 SW Burnham Road Tigard, Oregon 97223 RE: Unclaimed Stolen, Abandoned, Etc. Property : Dear Bob: c We have talked several times about how to dispose of your accumulating mass of unclaimed stolen and abandoned property.. As I recall the problem first came up last summer when we tried to get a circuit judge to sign an order author- izing us to sell it, and the judge pointed out to the officer who approached him that there was no statutory provision giving us the right to conduct a sale. i We waited for some time, hoping that one of the other Washington County municipalities would take a trial r run at conducting its own sale, but we have waited long enough. k As I told you on the telephone .last week, Beaverton has not done the work it had at first anticipated doing in that area. My own conclusion is that the Oregon Revised Statutes deprive us of the authority to conduct a sale and keep the i proceeds., ORS Chapter 98, dealing with lost and unclaimed property and ORS Chapter 142, dealing with stolen goods, contain very specific provisions giving the rights to these proceeds to the county. It is my opinion that in the face of this clear language we would violate the law if we attempted to empower ourselves to conduct the sale and keep the proceeds. 1 I Mr. Robert B. Adams Chief of Police April €3, 1981 Paae Two My suggestion is that we make arrangements to deliver our accumulated unclaimed stolen and abandoned property to Washington County for disposal in accordance with the statutes. Very truly yours, Joe D. Bailey JDB/lmc ifs