Chapter 3.50
ABANDONED PERSONAL PROPERTY
Sections:
3.50.030 Disposition of abandoned property.
3.50.040 Repealed.
3.50.050 Repealed.
3.50.010 Definitions.
“Abandoned” means any property which has been left upon the real property of the city or upon, or attached to, any public dock of the city, without the owner, or person leaving the same, having first obtained the permission of the city therefor, or where any property shall have been left upon the real property, or upon or attached to any dock of the city, with the permission of the city but where the owner thereof has refused to remove said property after having been given 30 days’ notice to remove the same by the city, or whenever property is found without an owner claiming it, or, by reason of arrest, confiscation, impoundment, or by any other means, comes into the hands of the city.
“Interested person” means the owner, conditional vendor, mortgagee or other person having an ownership interest in property or a legal claim to property coming into the hands of the city.
“Property” means all personal property except motor vehicles, weapons seized pursuant to state law, property the disposition of which is governed by court order, or intangible personal property. [Ord. 67 § 1, 1986].
3.50.020 Storage.
The city shall store the property at City Hall or another authorized storage place pending investigation of ownership and disposition. The owner or operator of a place in which property has been stored by the city shall not release property without first having obtained a written release from the city. [Ord. 67 § 2, 1986].
3.50.030 Disposition of abandoned property.
(1) Except as provided in subsection (8) of this section, personal property taken into the custody of the city after seizure, abandonment or for any other reason shall be held by the police department at the expense and risk of the owner of the property.
(2) Except when the property is forfeited or held as evidence, the owner or other person with right of possession may reclaim personal property held by the police department. The police department shall require satisfactory proof of ownership or right to possession and payment of any costs incurred by the city in securing and storing the property.
(3) Prior to any disposition of found or abandoned property, the police department shall cause a notice in substantially the following form to be posted at two locations at City Hall and published in a newspaper of general circulation in the city:
The Coos Bay Police Department has in its physical possession the unclaimed personal property described below. If you have any ownership interest in any of that unclaimed property, you must file a claim with the Coos Bay Police Department within 30 days from the date of publication of this notice, or you will lose your interest in that property.
(Inventory of found and abandoned property)
(4) If the property remains unclaimed 30 days after the publication of the notice, the police department may use, sell, donate, transfer, destroy, or dispose of the unclaimed found or abandoned personal property. The police department will use its professional judgment in determining whether a person claiming ownership has provided sufficient proof of ownership.
(5) The city may dispose of dangerous or perishable items immediately and without any notice if it is determined by the city that such action is in the public interest. Any fireworks that are confiscated as being unauthorized for private use will be destroyed in accordance with department procedures at the discretion of the chief of police.
(6) Forfeited property may be destroyed, donated to charity, sold or appropriated by the police department at the discretion of the chief of police.
(7) Property not subject to forfeiture or held as evidence may be returned on presentation of satisfactory proof of ownership or right to possession after final disposition of the case, including any appeals, subject to approval of the district attorney.
(8) Other procedures and standards may apply to specific types of property, such as motor vehicles and signs. Where the city provides a different procedure for the disposition of specific types of abandoned personal property, this section shall not apply to such property. [Ord. 447 § 1, 2012].
3.50.040 Presale procedures.
Repealed by Ord. 447. [Ord. 67 § 4, 1986].
3.50.050 Sales procedure.
Repealed by Ord. 447. [Ord. 67 § 5, 1986].