Chapter 3.40
DISPOSITION OF PERSONAL PROPERTY
Sections:
3.40.040 Return of property upon release from custody.
3.40.050 Disposition of unclaimed property.
3.40.080 Liability of city for condition of title, etc.
3.40.010 Property coming into possession of city of Creswell or Lane County sheriff’s office providing law enforcement services to the city of Creswell.
All property or money taken from persons under arrest or taken under suspicion or with knowledge of its having been stolen or feloniously obtained, all property and money constituting evidence or proceeds of crime, and all property or money lost or abandoned that may come into the possession of any member of the Lane County sheriff’s office, providing law enforcement services to the city of Creswell, Oregon, shall be delivered to the deputy sheriff in charge. A record shall be kept containing a detailed description of the property, together with the name of the person from whom received; the names of any claimants thereto; the time of the seizure; and the final disposition of the property. [Ord. 303 § 1, 1986].
3.40.020 Custody.
Property taken into custody by the Lane County sheriff’s office providing law enforcement services to the city of Creswell by reason of seizure or abandonment, or for any other reason, shall be held at the expense and risk of the person lawfully entitled to possession thereof. [Ord. 303 § 2, 1986].
3.40.030 Reclamation.
At any time within 30 days after property has been taken into possession by the Lane County sheriff’s office, providing law enforcement services to the city of Creswell, the person lawfully entitled to possession may reclaim it upon application to the city manager and upon satisfactory proof of right to possession and payment of charges and expenses, if any, incurred in the preservation and custody of the property; provided, that the property is not needed as evidence. [Ord. 519 § 3, 2018; Ord. 303 § 3, 1986].
3.40.040 Return of property upon release from custody.
When any person arrested is adjudged not guilty of the offense charged and it has been determined that the property or money taken belongs to such person, the city manager or his designated agent shall deliver the property or money to the person personally and take a written receipt therefor. If the accused is held for trial or examination, the money or property shall remain in the custody of the city manager, or his agent, or the Lane County sheriff’s office providing these services to the city of Creswell, until the discharge or conviction of the person accused, unless the city manager, his agent, or a member of the Lane County sheriff’s office has delivered the property or money to a state, county or federal officer as provided by law. This section shall be subject to any specific ordinance, law or court order dealing with confiscation, destruction and forfeiture. [Ord. 519 § 3, 2018; Ord. 303 § 4, 1986].
3.40.050 Disposition of unclaimed property.
Subject to other ordinances, all unclaimed property that has been in the possession of the city of Creswell or a member of the Lane County sheriff’s office providing law enforcement services to the city of Creswell for at least six months or, in the case of a bicycle, at least 30 days, and is no longer needed as evidence, shall be disposed of by the city manager, his agent, or a member of the Lane County sheriff’s office providing law enforcement services in one of the following ways:
A. It shall be destroyed, if so directed by federal, state, county or city laws.
B. If the use of such property is requested by any department of the city of Creswell and the property so requested is not subject to destruction under applicable federal, state, county or city laws or as provided herein, the property shall be turned over to the city manager, who shall sign and return a receipt for it to the department making the request.
C. If the use of such property is requested by any charitable or nonprofit organization, requested as such pursuant to Federal Internal Revenue Service statutes, and the property so requested is not subject to destruction, the property may be turned over to the organization upon approval by the city manager.
D. All such property which is not disposed of as provided in subsection (A), (B) or (C) of this section shall be sold at public auction to the highest bidder. A public auction shall be held at least once a year at a time and place to be fixed by the city manager. The city manager shall give notice of the sale at least five days before the time fixed therefor by publication once in the Creswell Chronicle newspaper. Such notice shall state the day and hour when the sale is to commence, the place at which it is to be held, and shall contain a general description of the property to be sold or refer to a list thereof on file in the office of the city manager or the Lane County sheriff’s office providing law enforcement services to the city of Creswell. The notice shall be signed by the city manager. The sale shall be conducted by the city manager, his agent or the chief deputy of the Lane County sheriff’s office providing law enforcement services to the city of Creswell. The proceeds of the sale shall, together with all money unclaimed for a period of six months or more, be paid to the city manager in his official capacity and placed in the general fund of the city of Creswell. [Ord. 519 § 3, 2018; Ord. 303 § 5, 1986].
3.40.060 Certificate of sale.
At the time of payment of the purchase price for bicycles or parts thereof sold by the city at public auction, the city manager, or his agent, or the chief deputy of the Lane County sheriff’s office providing police services to the city of Creswell, shall make and execute a certificate of sale in duplicate, the original of which shall be delivered to the purchaser. [Ord. 519 § 3, 2018; Ord. 303 § 6, 1986].
3.40.070 Payment to owner.
At any time within the period of two years after the sale of any personal property at public auction by the city, the owner of any property sold shall be entitled to have the balance of the proceeds of such sale paid to the owner, upon making application therefor to the city manager and presenting satisfactory proof of ownership. [Ord. 519 § 3, 2018; Ord. 303 § 7, 1986].
3.40.080 Liability of city for condition of title, etc.
The city of Creswell assumes no responsibility as to the condition of title to any property sold at public auction by the city of Creswell. In case such a sale shall for any reason be held to be invalid, the liability of the city of Creswell is limited to the return of the purchase price. [Ord. 303 § 8, 1986].