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Section
3.08.010 Definitions.
3.08.020 Personal property in possession of Police Department.
3.08.030 Storage of abandoned property.
3.08.040 Duty to notify owner of abandoned property.
3.08.050 Publication of notice of abandoned property.
3.08.060 Claims of ownership.
3.08.070 Sale of abandoned property.
3.08.080 Proceeds of sale.
3.08.090 Certificate of sale.
3.08.100 Delivery of property to purchaser.
3.08.110 Owner entitled to balance of proceeds.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
Abandoned means any personal property which has been left upon any street, alley, park, sidewalk or other real property owned by the city in the city without the owner or person having possession of the personal property having first obtained the permission of the City Police Department to leave the personal property in that place; or where the personal property shall have been left in any of the places in the city with the permission of the City Police Department, but the owner or person entitled to possession thereof has refused to move the personal property, after having been given 10 days’ notice by the City Police Department to remove the same.
Costs means the expense of removing, storing or selling abandoned personal property.
Owner means any individual, firm or corporation, or unincorporated association with a claim, either individually or jointly; ownership; or any interest, legal or equitable, in the personal property.
Personal Property means any movable property or chattels except an abandoned vehicle, as regulated under Chapter 10.08 of this Code.
If any personal property shall come into the possession of the City Police Department by reason of arrest, confiscation or in any other manner, and the owner thereof is not then known, the personal property shall be considered abandoned property, as defined by this chapter, and disposed of as provided in this chapter.
It shall be the duty of the City Police Department to take possession of all abandoned property which comes to the knowledge of the Police Department and safely keep the same in some suitable storage place to be designated by the Police Department, pending investigation concerning the ownership of the property.
If any personal property shall be abandoned within the city for more than 15 days, it shall be the duty of the Chief of Police to use all reasonable means to ascertain the owner of the property and to notify the owner in writing as follows:
A. A brief description of the personal property abandoned, including any serial numbers or other numbers identifying the property;
B. The location where the personal property was found abandoned;
C. The storage place of the personal property; and
D. That the city may, after 60 days from the date of the mailing of the notice, proceed to sell the personal property for cash to the highest and best bidder, and from the proceeds of the sale retain a sum sufficient to pay the costs of the sale.
If the owner of any abandoned property cannot be found after due diligence, or if the owner of the property so notified shall fail to claim and remove the property within 10 days from the date of the notice, the Chief of Police shall cause to be published in the Canby Herald a notice, which shall contain a brief description of the personal property involved, the location where the personal property was found abandoned in the city, the name of the owner thereof if known, and the time, day and place where the personal property will be sold for cash to the highest bidder. The notice shall be published 2 times, and first publication shall be made not less than 10 days preceding the date of the sale.
If the owner of the abandoned property shall apply to the City Chief of Police for the return of the property before the date of sale, and shall submit satisfactory evidence of his or her title thereto, and shall tender the city’s costs, the Chief of Police, upon being satisfied that the claim of ownership is rightful, shall surrender the property to the claimant.
If no claim shall have been made to the abandoned property before the time set for sale thereof, the sale shall be held at the time and place appointed therefor and within view of the personal property. The Chief of Police or an agent he or she shall appoint, shall conduct the sale; and the personal property shall be sold to the highest and best bidder for cash. The city shall have the right to enter a bid for the personal property, but not exceeding the amount of the city’s actual costs.
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