Chapter 9.15
STOLEN PROPERTY
Sections:
9.15.030 Police hold on stolen property.
9.15.040 Initiation of petition.
9.15.050 Service of the petition – Notice of hearing.
9.15.110 Limited effect of hearing officer decision.
9.15.120 Provisions severable.
9.15.010 Scope.
Property which is in the possession of pawnbrokers, secondhand dealers, the police department or other person, and which has all of the characteristics as set forth in STC 9.15.020, shall be disposed of pursuant to this chapter. [Ord. 2012-074 § 1.]
9.15.020 Property included.
A. The police department has possession of the property or has placed a hold on the property as set forth in STC 9.15.030 by means of seizure by the department or some other law enforcement agency.
B. The town has reason to believe that the property was stolen or otherwise taken from a lawful possessor through criminal conduct.
C. No Arizona court has before it a petition against a suspect alleged to have stolen the property.
D. Two or more persons are known or believed to have made, or can be reasonably anticipated to make, a claim for possession of the property.
E. The town of Sahuarita makes no claim to possession of the property.
F. The property will not be required to be retained for use as evidence in any legal proceeding other than the hearing under this chapter and the town police department has no other lawful reason for holding the property. [Ord. 2012-074 § 1.]
9.15.030 Police hold on stolen property.
A. Whenever there exists probable cause to believe that property in the possession of a pawnbroker, secondhand dealer, or other person is stolen, a police officer or person so designated by the chief of police may place a hold on the property for a period up to 90 days. When a police officer or designee places a hold on the property, the police officer or designee shall initiate such hold by contacting the pawnbroker or secondhand dealer in person or by telephone and informing the pawnbroker or secondhand dealer of the hold and describing the item or items to be held. Within three days of the initial contact, the police officer or designee shall deliver or mail to the pawnbroker or secondhand dealer a written notice of the hold. The written notice shall include a description of the item or items to be held.
B. Whenever property that is in the possession of a pawnbroker, secondhand dealer, or other person is subject to a hold and the property is required by a police officer in a criminal investigation or for use as evidence in a criminal proceeding, the pawnbroker, secondhand dealer, or other person, upon reasonable notice, shall deliver the property to any police officer.
C. The police department may extend a hold placed pursuant to this section for the purpose of criminal investigation or for use in any judicial proceeding, including that set forth in this chapter. Any extended hold shall be no longer than is reasonably necessary.
D. Whenever property that is in the possession of a pawnbroker, secondhand dealer, or other person is subject to a hold and the property is no longer required for the purpose of criminal investigation or any criminal proceeding, and more than one person can reasonably be anticipated to make a claim for possession of the property, the police department may follow the procedures set forth in this chapter for disposition of the property within 45 days of the conclusion of the criminal investigation or criminal proceeding.
E. Whenever property that is in the possession of the police department pursuant to the procedures set forth in this section is no longer required for the purpose of criminal investigation or for use as evidence in any criminal proceeding, the police department may follow the procedures set forth in this chapter for disposition of the property within 45 days of the conclusion of the criminal investigation or proceeding. [Ord. 2012-074 § 1.]
9.15.040 Initiation of petition.
The police department shall file a petition with a hearing officer, as designated pursuant to STC 9.15.090, to determine ownership of the property within 45 days of the conclusion of the criminal investigation or criminal proceedings involving the property. Such petition shall set forth the following:
A. The facts establishing compliance with the basis for the action under STC 9.15.020.
B. The name and address of each person described in STC 9.15.020(D).
C. An accurate description of the property, any identifying marks or serial numbers, the police identification number(s), and, if applicable, the location where seized, and the person from whom seized. [Ord. 2012-074 § 1.]
9.15.050 Service of the petition – Notice of hearing.
A. The petition shall be served either personally, by certified first class mail, postage prepaid, return receipt requested, or through any other reasonable means that effect actual service, upon all persons known to have an interest in the property, each person described and named in STC 9.15.020(D) and, in all cases, upon the person from whom the property was seized.
B. A copy of this chapter shall be served with each petition.
C. There shall be served with the petition and copy of this chapter a notice of hearing setting forth the date, time and place for the hearing to determine the right of possession of the property. The hearing date shall not be sooner than 25 nor later than 45 calendar days after the date of service of the petition and notice, subject to STC 9.15.080 or agreement of respondents.
D. Service shall be made to the last known address of all persons included in subsection A of this section.
E. Service shall be complete upon receipt, if return receipt is made; if no receipt is made, service will be complete upon mailing. If service is made by certified mail, the return receipt shall be prima facie evidence of service.
F. Proof of service upon each potential claimant shall be delivered to the hearing officer. [Ord. 2012-074 § 1.]
9.15.060 Claimant’s rights.
A. Any person claiming an interest in the property shall be known as a respondent. The person from whom the property was seized shall be considered a respondent unless that person signs a waiver relinquishing all interest in the property.
B. A respondent or any other person claiming any ownership interest of any kind, or possessory right to the property, shall have the right to appear at the hearing and to present any and all evidence in support of such person’s claim to the property.
C. Except as provided in STC 9.15.070, the failure of any person to appear at such hearing shall constitute a waiver of any claim to the property by such person as against the town of Sahuarita, and shall authorize the hearing officer to enter a ruling consistent therewith. [Ord. 2012-074 § 1.]
9.15.070 Conduct of hearing.
A. The hearing shall be conducted informally and the technical rules of evidence shall not apply; provided, that the decision of the hearing officer shall in all cases be based upon substantial and reliable evidence. All parties shall have the right to be represented by counsel, to present evidence and testimony in support of their position, and to cross-examine adverse witnesses. All witnesses shall be placed under oath before testifying. The hearing officer may permit a respondent to appear at the hearing telephonically upon good cause shown.
B. The burden of proof shall be by a preponderance of the evidence, and shall at all times be upon the person or persons challenging the possession of the party from whom the police department took the property, even if the party from whom the property was taken does not appear at the hearing. If the property was not seized by the police department, the burden of proof shall at all times be upon the person or persons challenging the party who currently possesses the property subject to the hold.
C. The hearing shall be recorded electronically or by other means.
D. The decision of the hearing officer shall be issued within 10 calendar days after the close of the record. The decision shall be in writing, and shall be hand-delivered or mailed postage prepaid to each respondent or claimant appearing. A copy of the decision shall also be sent to the police department.
E. The decision of the hearing officer shall be final upon issuance.
F. The hearing officer may grant a request to continue the hearing on good cause shown. [Ord. 2012-074 § 1.]
9.15.080 Judicial review.
A. Any respondent or other party participating in the hearing who is aggrieved by the decision of the hearing officer may seek judicial review by way of special action or other available remedy in superior court.
B. A complaint seeking special action review shall be filed within 30 days of a final decision by the hearing officer. [Ord. 2012-074 § 1.]
9.15.090 Hearing officer.
All petitions filed pursuant to this chapter shall be assigned to and considered by a hearing officer designated by the town manager. Such hearing officer or designee shall in no event be an employee of the police department. [Ord. 2012-074 § 1.]
9.15.100 Release of property.
A. Any person prevailing in a hearing or uncontested proceeding administered pursuant to this chapter shall be entitled to receive the property described in the petition after producing a copy of the decision in their favor and appropriate identification to the property’s custodian.
B. A receipt shall be signed evidencing delivery of the property to the person identified in subsection A of this section.
C. Any person with custody of the property described in the petition who is presented with a copy of the hearing officer’s decision and appropriate identification shall release the property to the prevailing party.
D. No property may be released pursuant to this section until the expiration of 20 calendar days from the date of the hearing officer’s decision. [Ord. 2012-074 § 1.]
9.15.110 Limited effect of hearing officer decision.
Nothing in this chapter shall prevent any person from filing an action in a court of appropriate jurisdiction to establish ownership of or right to possession of the property. [Ord. 2012-074 § 1.]
9.15.120 Provisions severable.
If a provision of this chapter or its application to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of this chapter that can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable. [Ord. 2012-074 § 1.]