Chapter 2.50
PERSONAL PROPERTY DISPOSITION
Sections:
2.50.010 Disposition of abandoned property.
2.50.030 Notice to owner of public auction.
2.50.040 Owner not found – Publication of notice.
2.50.090 Delivery of possession.
2.50.010 Disposition of abandoned property.
It shall be the duty of the police department of the city of Burns, whenever personal property other than a motor vehicle shall be found abandoned upon the streets of the city of Burns, or be found without an owner claiming the same, or shall, by reason of arrest or in any other manner, come into custody of the police department without a claimant, to either place the same upon the City Hall grounds for further disposition, or store the same with some reputable storage place pending investigation into the ownership of said personal property. [Ord. 551 § 1, 1971]
2.50.020 Ownership inquiry.
The officers of the police force, upon finding such personal property or coming into possession of the same, shall make diligent inquiry of all available persons as to the name and address of the owner, of any other person interested therein, and shall examine said personal property for any identification or for any other information which will aid in the identification of such personal property and in the identification of the owner or other interested person. [Ord. 551 § 2, 1971]
2.50.030 Notice to owner of public auction.
If the owner or other person having a lawful interest in the title to the personal property in custody be found and identified, he shall be immediately notified by registered letter that the personal property is held by the police department of the city of Burns and will be sold at public auction at a place designated by the chief of police, said place to be within the city limits of Burns, Oregon, on a day certain at 10:00 a.m. of such day, to the highest and best bidder, which sale shall not be held until 10 days have elapsed from the mailing of said registered notice to such owner or other person having a lawful interest. [Ord. 551 § 3, 1971]
2.50.040 Owner not found – Publication of notice.
If the owner or other person having a lawful interest cannot be found after due diligence as herein set out, the chief of police shall cause to be published in Harney County, Oregon, a notice embodying the foregoing information which shall be published two times, the first publication of which shall be made more than 10 days before such proposed sale. [Ord. 551 § 4, 1971]
2.50.050 Redemption by owner.
If the owner or other person having a lawful interest shall apply to the chief of police before a sale shall have taken place for the return of said personal property, and shall submit to the chief of police satisfactory evidence of his interest therein, and shall tender with said application the costs in the seizing, keeping and making sale of said personal property, the chief of police, upon being satisfied that the claim is rightful, shall surrender the same to the claimant. [Ord. 551 § 5, 1971]
2.50.060 Sale of property.
If no claim shall have been made before the time set for the sale of said personal property, the chief of police shall, at the place designated in the notice, at the time appointed, within view of the personal property to be sold, offer for sale and shall sell said personal property to the highest and best bidder for cash; and in default of bids from others for a greater sum, shall bid the same in for the city of Burns at the amount of its costs incurred in seizing, keeping and offering the same for sale. [Ord. 551 § 6, 1971]
2.50.070 Sale proceeds.
Proceeds of such sale shall be first applied to the payment of the costs incurred in the seizing, keeping and making of such sale; and the balance, if any, shall be paid to the auditor of the city of Burns to be credited to the general fund. [Ord. 551 § 7, 1971]
2.50.080 Certificate of sale.
At the time of payment of the purchase price, the chief of police shall execute a certificate of sale, in duplicate, the original of which shall be delivered to the purchaser, and a copy thereof filed with the auditor of the city of Burns; which certificate of sale shall be substantially as follows:
CERTIFICATE OF SALE
This is to certify that under the provisions of Ordinance No. ____, entitled “An Ordinance Providing for the Disposition of Personal Abandoned, Seized or Discarded Personal Property; and Repealing Ordinances No. 366 and 430,” 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 Burns 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.
[Ord. 551 § 8, 1971]
2.50.090 Delivery of possession.
Upon such sale being consummated, the police department shall deliver the possession of said personal property and said certificate of sale to the purchaser, such sale and conveyance to be without redemption. [Ord. 551 § 9, 1971]