Chapter 3.20
UNCLAIMED PROPERTY DISPOSAL
Sections:
3.20.010 Request to dispose of property.
3.20.030 Prohibition on bidding by certain employees.
3.20.050 Transfer of property.
3.20.060 Claims by owner after sale.
3.20.070 Claims by owner after transfer.
3.20.080 Disposal of property.
3.20.010 Request to dispose of property.
Whenever the county sheriff has sufficient property to make the sale thereof financially feasible in his possession, the ownership of which is unknown and which is unclaimed for 30 days after the said property came into his possession, he shall request authority from the county court to dispose of said property as provided in this chapter. (Ord. 87 § 1, 1993)
3.20.020 Notice.
The county court shall act upon the request of the sheriff within 30 days after the receipt of the request. If the request is to have the property disposed of by public sale, and if the county court approves the request, the sheriff shall cause to be posted written or printed notice of sale in three public places within the county at least 10 days before the sale. The notice shall describe the property and shall state the time and place of public sale at which the property may be purchased by the highest bidder. Until the date of sale, the property may be claimed at the sheriff’s office. If ownership is proved, the sheriff shall turn the property over to the owner, and cancel the sale insofar as the claimed property is concerned. Notice of the sale shall be published in the paper of record.
Any money that comes into possession of the sheriff, the ownership of which is unknown and which is unclaimed for 30 days after the money came into his possession, may be transferred to the county’s general fund. (Ord. 87 § 2, 1993)
3.20.030 Prohibition on bidding by certain employees.
An elected or appointed county officer as described in ORS 204.005, a family member of the officer or an intermediary of either may not purchase from the county, directly or indirectly, real property obtained by foreclosure of delinquent tax liens. A county employee not included under subsection (2) of ORS 275.088, a family member of the county employee or an intermediary of either may not purchase from the county, directly or indirectly, real property obtained by foreclosure of delinquent tax liens if the county employee has an actual conflict of interest related to the real property. An actual conflict of interest may be created under this section by the discretionary action of a county employee related to the foreclosure, sale or transfer of the real property by the county, but is not created by the ministerial action of the county employee. This section shall be interpreted in accordance with the definitions provided at ORS 275.088, attached to the ordinance codified in this section as Exhibit A, all provisions of which shall also apply within Crook County, until and unless such section is amended or repealed. (Ord. 150, 2004)
3.20.040 Proceeds.
The sheriff or his designee shall conduct the sale and shall deposit the proceeds thereof, after deducting the costs of the sale, in the county treasury to the credit of the county general fund. (Ord. 87 § 4, 1993)
3.20.050 Transfer of property.
In lieu of a sale of the property under the foregoing provisions of this chapter, the sheriff, with the approval of the county court, may transfer any portion of unclaimed property to the county for use by the county. Use by the county shall include the county using the property itself or transferring said property if the county court determines it is advantageous to the county to transfer said property. (Ord. 87 § 5, 1993)
3.20.060 Claims by owner after sale.
If the property is sold as provided herein and if, within six months after the sale, the owner of the property files with the county court a claim for the property and proves his right to the same, the county court shall direct that the amount received for the property, less expenses of the sale, and less the cost of any improvements to property, shall be paid to the owner from the county treasury. The county court shall not approve any claims filed more than six months after the sale. (Ord. 87 § 6, 1993)
3.20.070 Claims by owner after transfer.
If the property is transferred to the county in lieu of sale, it may be claimed by the lawful owner thereof at any time within six months from the transfer to the county if the county still owns the property. Upon the payment of any costs of any improvement to the property, the property shall be returned to the lawful owner. The county court shall not approve any claims filed more than six months after the transfer. (Ord. 87 § 7, 1993)
3.20.080 Disposal of property.
The sheriff, in disposing of the property in the manner provided herein, shall not be liable to the owner thereof. Any property which has been offered at auction without sale thereof, and the sheriff deems said property to be without value, may be disposed of or destroyed at the discretion of the sheriff. (Ord. 87 § 8, 1993)