Chapter 2.80
UNCLAIMED PROPERTY
Sections:
2.80.025 Notice of unclaimed property.
2.80.030 Disposition of unclaimed property.
2.80.010 Definitions.
“Agent of the Owner” means a person authorized to act on behalf of the owner for purposes of claiming property from the Sheriff’s Office.
“Contraband” means property which is unlawful to own or possess.
“Owner” means any owner of the property or agent for the owner.
“Unclaimed Property” means property in the possession of the Sheriff’s Office, including money, which cannot be returned to the owner or agent of the owner because:
1. The owner or agent of the owner is unknown;
2. The owner or agent of the owner cannot be found; or
3. The owner or agent of the owner has failed to contact the Property Control Officer of the Josephine County Sheriff’s Office within 30 days of delivery, mailing, posting, or publication of the notice of unclaimed property. [Ord. 2020-004 § 1; Ord. 2014-003 § 1.]
2.80.020 Report of unclaimed property.
Repealed by Ord. 2020-004. [Ord. 2014-003 § 2.]
2.80.025 Notice of unclaimed property.
Before disposing of any unclaimed property, the Sheriff’s Office must attempt to notify the last known owner. The notice describes the property and must be:
A. Hand-delivered to the last known owner or agent of the owner; or
B. Sent to the owner’s last known address; or
C. Published in a newspaper of general circulation and be posted at the County Courthouse.
The notice must allow the owner 30 days from the date of the notice to retrieve the property from the Sheriff’s Office. [Ord. 2020-004 § 1.]
2.80.030 Disposition of unclaimed property.
A. General Methods of Disposal. Unclaimed property with an estimated value of $500.00 or more may be disposed of by any of the following methods upon a determination that the method of disposal is in the best interest of the County. Factors that may be considered include the costs of sale, administrative costs, and public benefits to the County. The Property Control Officer shall maintain a record of the manner of disposal, including the name of the organization or person to whom the unclaimed property was transferred.
1. Public Entities. Unclaimed property may be transferred or sold to another public entity, a County department, or a district.
2. Public Auction. Unclaimed property may be sold at a publicly advertised auction to the highest bidder in accordance with JCC 2.80.040.
3. Bids. Unclaimed property may be sold by publicly advertised invitation to bid or at a public auction.
4. Liquidation Sale. Unclaimed property may be sold by liquidation sale using a third-party liquidator.
5. Fixed Price Sale. The Property Control Officer may establish a selling price based upon an independent appraisal or published schedule of values generally accepted by the insurance industry, schedule and advertise a sale date, and sell to the first buyer that meets the sales terms.
6. Trade-In. The Property Control Officer may dispose of unclaimed property by trade-in, in conjunction with the acquisition of other price-based items, under a competitive solicitation.
7. Donation. The Property Control Officer may donate unclaimed property to any nonprofit (501(c)(3)) organization operating within or providing a service to residents of Josephine County.
8. Internet Sales. The Property Control Officer may dispose of unclaimed property, other than firearms, on the Internet by public auction, bids, or fixed price sale.
B. Disposal of Property with Minimal Value. Unclaimed property which has a value of less than $500.00, or for which the costs of sale are likely to exceed sale proceeds, may be disposed of by any means determined to be cost-effective. The Property Control Officer shall make a record of the estimated value of the item and the manner of disposal.
C. Contraband. Contraband shall not be returned to the owner or agent of owner, and shall be destroyed in accordance with generally accepted practices. The Property Control Officer shall maintain records of the destruction of all contraband.
D. Firearms. The Property Control Officer may dispose of rifles, shotguns, and handguns by any of the following methods, as determined to be in the best interest of the County:
1. By sale to licensed firearms dealers;
2. By transfer to the County for use by the County; or
3. By destruction in accordance with generally accepted practices. [Ord. 2020-004 § 1; Ord. 2014-003 § 3.]
2.80.040 Public auction.
A. Public Notice. Before disposing of any unclaimed property by public auction, the Property Control Officer shall notify the Board of County Commissioners and give public notice of the sale.
1. A written notice of sale shall be: (a) posted in the County Courthouse in a public place; and (b) published twice in the local newspaper at least 10 days prior to the sale. Notice of sale may also be posted by electronic means.
2. The public notice shall describe the property, including money, in a general manner, and shall state the time and place of public sale at which the property may be purchased by the highest bidder.
B. Claim by Owner. Until the date of the sale, the property, including money, may be claimed by the owner or agent of the owner at the Sheriff’s Office. If ownership is proved, the Sheriff shall turn the property, including money, over to the owner or agent of the owner and cancel the sale of that property. [Ord. 2020-004 § 1; Ord. 2014-003 § 4.]
2.80.050 Eligible purchasers.
Members of the general public may participate as buyers at public sales. No employee of the County, whether full-time, part-time, temporary or unpaid volunteer, or any person acting on the employee’s behalf, may purchase any unclaimed property. [Ord. 2014-003 § 5.]
2.80.060 Proceeds of sale.
The Property Control Officer shall conduct the sale and shall deposit the proceeds thereof, after deducting the cost of the sale, the costs of storage, and the costs of mailing and publishing the notices of unclaimed property, together with any other money included in the notice, in the County Treasury to the credit of the County general fund. [Ord. 2020-004 § 1; Ord. 2014-003 § 6.]