Chapter 2.40
UNCLAIMED AND SURPLUS PROPERTY*
Sections:
2.40.010 Unclaimed property to Police Department.
2.40.020 Disposition of unclaimed property.
2.40.030 Notice of pending disposition.
2.40.040 Procedure for claiming property.
2.40.050 Sale—Deposit of proceeds.
2.40.060 Transfer of property for city or governmental use.
2.40.070 Procedure for drugs and contraband.
2.40.080 Procedure for abandoned perishable materials.
2.40.085 Disposal of unclaimed property with a value of two hundred dollars or less.
*2.40.090 History: Ord. 888 §9, 1977; Ord. 1347, 2004; repealed by Ord. 1358 §2, 2005.
2.40.010 Unclaimed property to Police Department.
All unclaimed property, as defined in ORS 98.245, excluding surplus property, shall be transferred to the control and disposition by the Police Department.
Statutory Reference: ORS 98.302 to 8.436
History: Ord. 888 §1, 1977; Ord. 1347, 2004.
2.40.020 Disposition of unclaimed property.
Whenever the Chief of Police of the city has any property, excluding abandoned motor vehicles but including money, in his or her possession, the ownership of which is unknown, and which is unclaimed for a period of 60 days after the property came into the possession of the Police Department, the Chief of Police shall, unless the disposition of such property is otherwise specifically provided for by law, or by this chapter, dispose of it as provided in this chapter.
Statutory Reference: ORS 98.302 to 98.436
History: Ord. 888 §2, 1977; Ord. 1347, 2004.
2.40.030 Notice of pending disposition.
(1) An inventory describing the unclaimed property shall be prepared by the Police Department.
(2) The Police Department shall publish a notice of intent to dispose of the unclaimed property described in the inventory. As required by state law, the notice shall be posted in three public places in the city and shall also be published in a newspaper of general circulation. The notice shall include a description of the unclaimed property as provided in the inventory, the address and telephone number of the Gladstone Police Department and a statement in substantially the following form:
The Gladstone Police Department has in its physical possession the unclaimed property described below. If you have any ownership interest in any of that unclaimed property, you must file a claim with the Gladstone Police Department within 30 days from the date of publication of this notice or you will lose your interest in that property.
(3) The Chief of Police may advertise notice of unclaimed property in a publication of citywide distribution.
(4) A copy of the notice described in subsection (2) above shall also be sent to any person that the law enforcement agency has reason to believe has an ownership or security interest in any of the unclaimed property described in the notice. A notice sent pursuant to this subsection shall also be sent by regular mail to the last known address of the person.
Statutory Reference: ORS 98.302 to 98.436
History: Ord. 888 §3, 1977, Ord. 1347, 2004.
2.40.040 Procedure for claiming property.
Prior to expiration of the time period stated in the notice issued pursuant to this section, a person may file a claim that presents proof satisfactory to the police department that the person is the lawful owner or security interest holder of any property described in that notice. The police department shall then return the property to that person.
Statutory Reference: ORS 98.302 to 98.436
History: Ord. 888 §4, 1977, Ord. 1347, 2004.
2.40.050 Sale—Deposit of proceeds.
The Chief of Police, or designee, shall cause a sale of any remaining unclaimed property to be conducted and shall deposit the proceeds thereof, together with any other money included in the notice, in the city treasury to the credit of the general fund.
Statutory Reference: ORS 98.302 to 98.436
History: Ord. 888 §5, 1977; Ord. 1347, 2004.
2.40.060 Transfer of property for city or governmental use.
In lieu of a sale of the property under the provisions of this chapter, the Chief of Police, with the approval of the City Administrator, may transfer any portion of the unclaimed property to the city for use by the city or other governmental agencies, or by destruction after the same notices as set forth in GMC Section 2.40.030.
Statutory Reference: ORS 98.302 to 98.436
History: Ord. 888 §6, 1977; Ord. 1347, 2004.
2.40.070 Procedure for drugs and contraband.
(1) The Chief of Police shall cause contraband or illegal drugs and/or substances to be destroyed at the direction of the court after such property has been provided to the courts as evidence and is no longer required by the procedure at the courts.
(2) Any unclaimed or found contraband, illegal drugs and/or substances shall be destroyed at the direction of the Chief of Police and certification of destruction shall be placed in the case file jacket relating to such found or unclaimed property.
Statutory Reference: ORS 98.302 to 98.436
History: Ord. 888 §7, 1977; Ord. 1347, 2004.
2.40.080 Procedure for abandoned perishable materials.
(1) In the case of abandoned perishable materials, the city shall hold them for a period of time not exceeding the useful life of such material, or in no event longer than thirty (30) days.
(2) If the owner does not claim the perishable goods within the above time limits, it may be disposed of in any reasonable manner.
Statutory Reference: ORS 98.302 to 98.436
History: Ord. 888 §8, 1977; Ord. 1347, 2004.
2.40.085 Disposal of unclaimed property with a value of two hundred dollars or less.
In the case of unclaimed property, other than abandoned motor vehicles, which, after careful examination, appears to have a value of two hundred dollars or less as determined by the Chief of Police or designee, the same shall be held for a period of at least thirty days. If not claimed within that period, such property may be disposed of without notice or public sale, but in no event shall any officer or employee of the city obtain title to or possession of such property upon disposal.