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(A) Custody of property. Whenever any personal property other than motor vehicles are taken into the custody of any department by reason of seizure, abandonment 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 thereof.
(B) Surrender to true owner. Within 60 days after the 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 application to the Police Department, 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.
(C) Sale procedure.
(1) At any time after the 60-day period, the Chief of Police shall sell at public auction any unclaimed property and any property which has been confiscated and not ordered destroyed, except the property held as evidence in any legal or court proceeding. Notice of the 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 the sale and generally describing the property to be sold.
(2) All sales of the property shall be for cash 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 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 Chief of Police may enter a bid on behalf of the city in an amount equal to the costs. If bid in 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 Recorder 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) The sales shall be without the right of redemption.
(D) Certificate of title.
(1) At the time of the payment of the purchase price, the Chief of Police shall execute 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 City Recorder, 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 of title of the property other than the return of the purchase price in case the title is for any reason invalid.
(2) 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. and pursuant to due notice of time and place of sale, I did on the day of , 20 , 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 the said sum of $ , receipt whereof is hereby acknowledged, I have this day delivered to said purchaser the foregoing property. Dated this day of , 20 .
Chief of Police
Note: The City of Rockaway assumes no responsibility as to condition of title of the above-described property. In case this sale shall for any reason be invalid, the liability of the city is limited to return of the purchase price.
(E) Dangerous or perishable property. Any property coming into the possession of the Chief of Police which he or she determines to be dangerous or perishable, may be disposed of immediately, without notice, in the manner as he or she determines to be in the public interest.
(F) Scope. This section shall apply to all personal property, except motor vehicles, now or hereafter in custody of the city.
(G) Disposal of alcohol. Whenever any alcoholic liquor is confiscated in connection with an arrest, it shall be disposed of in accordance with the provisions of O.R.S. 471.610.
(H) Disposal of drugs.
(1) All drugs, the lawful possession of which is not established or the title to which cannot be ascertained, which have come into the custody of a police officer, shall be disposed of in accordance with the provisions of applicable state and federal laws.
(2) All drugs which are to be used as evidence in a criminal trial, when no longer needed as evidence, shall be disposed of according to the directions of the presiding judge at the trial.
(Prior Code, Ord. 108, passed 7-22-1975)