Chapter 3.20
UNCLAIMED PROPERTY
Sections:
3.20.030 Inquiry for motor vehicle owner – Notice to owner.
3.20.070 Certificate of sale required.
3.20.080 Certificate of sale form.
3.20.010 Storage of property.
Whenever a motor vehicle or other personal property has in any manner come into the custody of the police department without an owner or person entitled to possession thereof claiming it, the police department shall either place the motor vehicle or other personal property upon premises of the city as may from time to time be designated by the city administrator or store the vehicle or other personal property at the owner’s expense with some reputable storage yard, garage, or other storage place pending investigation into the ownership or right of possession thereof. [Ord. 12-212 § 1, 1998].
3.20.020 Search for owner.
Upon taking custody of a motor vehicle or personal property, the chief of police shall cause to be made diligent inquiry as to the name and address of the owner or other person interested therein or entitled to possession and, in the event the property is a motor vehicle, to examine the vehicle for license number, motor number, serial number, make and style, and for any other information which will aid in the identification of the owner or person entitled to possession. [Ord. 12-212 § 2, 1998].
3.20.030 Inquiry for motor vehicle owner – Notice to owner.
A. If the property is a motor vehicle, the chief of police shall cause to be transmitted the information concerning the vehicle to the Motor Vehicle Division of the State of Oregon with an inquiry for the name and address of the owner or other person interested in such vehicle or entitled to possession, whenever the vehicle is required by law to be registered with the Motor Vehicle Division of the State of Oregon.
B. If the owner or other person interested in such vehicle or entitled to the possession be found and identified, the chief of police shall cause that person to be immediately notified by registered or certified mail at his or her last known address that the said property is held by the police department of the city and will be delivered to the person entitled thereto upon payment of the costs and expense of taking and storing the vehicle and such costs as are incidental to the notification to such person; and further, that in the event such property shall not be claimed and such costs paid, that the property will be sold on a date thereafter to be fixed by the chief of police to the highest and best bidder for cash and after notice of such sale given, as hereinafter provided. No such sale shall be held until 10 days have elapsed from the receipt by the owner of the registered or certified notice.
C. In the case of a vehicle appraised at $300.00 or less, the chief, after making reasonable inquiry as required above, and after giving 10 days’ notice by mail to the registered owner, if known, at the address shown on his or her registration, may dispose of the vehicle and execute a certificate of sale without further notice or public auction. The notice shall include a statement that the vehicle may be disposed of without further notice or public auction. [Ord. 12-212 § 3, 1998].
3.20.040 Publication.
If the owner or other person interested or entitled to the possession of the personal property cannot be found after due diligence, as set out in this chapter, then, at such times as the city administrator shall determine, the chief of police shall cause to be published in a newspaper of general circulation published in Jackson County, Oregon, a notice describing the motor vehicle or other personal property to be sold and setting forth the time and place of sale, and which notice shall be published not less than once a week for two successive weeks prior to the date of sale; provided, however, that the city need not offer any such personal property for sale, and may otherwise dispose of it, with or without consideration, if in the opinion of the city administrator the probable cost of sale exceeds the value of the property. [Ord. 12-212 § 4, 1998].
3.20.050 Reclaiming property.
If the owner or other interested person, or person entitled to the possession of such property, shall apply to the chief of police before a sale thereof for the return of the motor vehicle or other personal property and shall submit to the chief of police evidence satisfactory to the chief of police of his or her interest therein and tender, with the application, the costs in removing, storing, and making sale of the motor vehicle or other personal property, the chief of police, upon being satisfied that the claim is rightful, shall surrender the vehicle or personal property to the claimant. Claimant may be required to sign a sworn affidavit attesting to the validity of his interest therein. [Ord. 12-212 § 5, 1998].
3.20.060 Sale of property.
If no claim is made before the time set for the sale of the motor vehicle or personal property, the chief of police shall, at the time and place fixed for the sale thereof, cause the vehicle or personal property to be offered for sale to the highest and best bidder therefor for cash. The city may decline the highest bid, and it shall have the right to re-offer the property for sale at a later date. Employees of the city and members of the city council, or members of their respective immediate families, shall not be permitted to bid, directly or indirectly, at such sale. For purposes of this chapter, “immediate family” means and includes the employee’s or the council member’s children, stepchildren, spouse, parents, spouse’s parents, sister and brother. [Ord. 12-212 § 6, 1998].
3.20.070 Certificate of sale required.
Upon any such sale being consummated, the chief of police shall make, execute and deliver upon behalf of and in the name of the city a certificate of sale thereof, signed by him or her as chief of police of the city, conveying the property to the purchaser, and deliver possession thereof to the purchaser. [Ord. 12-212 § 7, 1998].
3.20.080 Certificate of sale form.
The certificate of sale herein provided for shall be in substantially the following form:
Certificate of Sale
This is to certify that under the provision of Ordinance No. 12-212 of the City of Eagle Point, Oregon and pursuant to due notice of time and place of sale the City, on the _________ day of __________________, 20 ___, sold at public auction or sealed bid to ____________________, for the sum of $ ____________, cash, he or she being the highest and best bidder and that being the highest and best sum bid therefor, the following described personal or surplus property, to wit:
_________________________________ (description of property) _____________ and in consideration of the payment of said sum of $ _____________ receipt whereof being hereby acknowledged, the City of Eagle Point this day delivered to said purchaser said property.
Dated this _____ day of ______________, 20____.
______________________
Chief of Police
City of Eagle Point, Oregon
NOTE: The City of Eagle Point assumes no responsibility as to condition of, nor does it warrant any title of, the above described property.
[Ord. 12-212 § 8, 1998].
3.20.090 Proceeds of sale.
Any sale and conveyance herein provided for shall be without redemption; the proceeds thereof shall go to the general fund of the city and the city shall assume no responsibility as to the condition of title of the property sold, and in the event that for any reason such sale shall be invalid the liability of the city is limited to the return of the purchase price upon application therefor made to the council. [Ord. 12-212 § 9, 1998].
3.20.100 Surplus property.
Any motor vehicle or other personal property owned by the city may be declared to be surplus by the city administrator; provided, however, that the declaration as surplus of any item which is reasonably worth $100.00 or more must first be approved by the city council. Such property may be sold in accordance with the provisions of EPMC 3.20.040 through 3.20.090, or in such other manner as the city administrator determines will result in the greatest net revenue to the city, considering the costs of sale, and the number, value and nature of the items to be sold. Sale may be at public auction or through sealed bid. [Ord. 12-212 § 10, 1998].