Chapter 3.10
UNCLAIMED PROPERTY
Sections:
3.10.010 Unclaimed property – Chief of police report to city council.
3.10.020 City council action – Notice of sale – Claims prior to disposition.
3.10.040 Governmental use or destruction.
3.10.070 Claims after disposition.
3.10.010 Unclaimed property – Chief of police report to city council.
Whenever the chief of police of the city of Pilot Rock has any property, including money, but excluding vehicles as defined in Chapter 8.20 PRMC, Abandoned Vehicles, in his possession, the ownership of which is unknown, and after making a diligent effort to determine ownership and notify said owner that the property is in the possession of the police department, and which property is unclaimed for a period of three months (90 days) after the said 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, report the fact to the city council and request authority to dispose of it as provided in this chapter. [Ord. 495 § 1, 2002].
3.10.020 City council action – Notice of sale – Claims prior to disposition.
The city council shall act upon the request of the chief of police within 30 days after receipt of the request. If the request is to have the property disposed of by public sale and if the city council approves the request, the city recorder shall cause to be posted written or printed notice of sale in three public places within the city of Pilot Rock at least 10 days prior to the date of sale or transfer. The notice shall describe the property, excluding money, 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 the sale, the property, excluding money, may be claimed at the office of the chief of police. If ownership is proved, the chief of police shall turn the property over to the owner, and cancel the sale insofar as the claimed property is concerned. [Ord. 495 § 2, 2002].
3.10.030 Proceeds of sale.
The chief of police shall cause the sale to be conducted and shall deposit the proceeds thereof, together with any other money included in the notice, in the city general fund. [Ord. 495 § 3, 2002].
3.10.040 Governmental use or destruction.
In lieu of a sale of the property under the foregoing provisions of this chapter, the chief of police, with the approval of the city council, 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 notice as set forth in PRMC 3.10.020. [Ord. 495 § 4, 2002].
3.10.050 Illegal substances.
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. 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 and unclaimed property. [Ord. 495 § 5, 2002].
3.10.060 Firearms.
Firearms whose return to the owner would be a violation of state or federal law shall be destroyed. Hand guns, revolvers, pistols, shotguns or rifles which are unsuitable for law enforcement use shall be destroyed and documented as provided in this chapter. [Amended during 2011 codification; Ord. 495 § 6, 2002].
3.10.070 Claims after disposition.
If the property is sold as provided herein, and if within six months after the sale the owner of the property, including money, files with the city council a claim for the property and proves his right to the same, the city council shall direct that the money or the amount received for the property, less expenses of the sale, shall be paid to the owner from the city. The city council shall not approve any claims filed more than six months after the sale.
If the property is transferred to the city or other governmental agency in lieu of sale, it may be claimed by the lawful owner thereof at any time with six months from the transfer to the city or other governmental agency. The chief of police and the city council in disposing of property in the manner provided herein shall not be liable to the owner thereof. [Ord. 495 § 7, 2002].