Chapter 9.13 Disposition of Lawfully Seized or Abandoned Property

Chapter 9.13
Disposition of Lawfully Seized or Abandoned Property

Sections:

9.13.020 Procedures for disposal or sale of abandoned property.

9.13.030 Forfeitures--State statutes adopted by reference.

9.13.040 Disposal of forfeited firearms.

9.13.010 Abandoned property.

(a) Lost or abandoned personal property shall be forwarded to the chief law enforcement officer of the City or his authorized representative, who shall attempt to identify the lawful owner of the property and return it to its owner.

(b) If the lawful owner of the property cannot be identified and the property returned to its owner, then within 30 days of its coming into possession of the found property the City shall cause notice of its findings to be published at least once a week for two consecutive weeks in the City’s official newspaper, unless the found property is presumed abandoned at the time it is found, or is unlawful to produce or possess, or the value of the found property is less than the cost of publication of notice.

(c) Any person claiming title to such property, objects, or articles may petition the chief law enforcement officer in writing during this 60-day period for the return of said items. The claimant has the burden of establishing his or her ownership.

(d) Personal property or other items are presumed abandoned, and may be taken and sold or otherwise disposed of by the City following the procedure provided by DMC 9.13.020, if they have been left unattended in a public place: (1) without a permit where one is required by State law or City ordinance; or (2) otherwise in violation of State law or City ordinance; or (3) for an unreasonable period of time under the circumstances, with no means of identifying the owner, and creating a risk of theft or damage to the property; or (4) presenting a danger to public safety; or (5) not claimed within 60 days of the final day of publication of notice as provided in subsection (b) of this section.

(e) Any contraband, or other property, objects or articles which it is unlawful to produce or possess, may be disposed of without notice.

(f) Any property, objects or articles found as contemplated by this section whose value is less than $25.00, or is less than the cost of publication as provided in subsection (b) of this section, may be disposed of without notice. (Ord. 01-702 § 1; Ord. 08-864 § 1).

9.13.020 Procedures for disposal or sale of abandoned property.

(a) Any property, objects or articles that are presumed abandoned under DMC 9.13.010 may be sold, retained for use by the City, or destroyed, at the discretion of the City, upon proper notice as provided herein.

(b) Before said property, objects or articles shall be sold, retained for use, or destroyed, a notice of disposition fixing the time of destruction, or time and place of sale if applicable, and a description of the property to be disposed of shall be published at least once in the official newspaper of said City at least 10 days prior to the date fixed for the disposition of the property, objects or articles.

(c) Any person claiming title to such property, objects, or articles may petition the chief law enforcement officer in writing during this 10-day period for the return of said items. The claimant has the burden of establishing his or her ownership.

(d) Property, objects or articles worth less than the total cost of publication of notice under this section and DMC 9.13.010, or worth less than $25.00, or which are contraband or otherwise unlawful to produce or possess, may be destroyed or otherwise disposed of without the notice required by this section.

(e) Any proceeds from the sale of seized or abandoned property under this chapter shall be deposited in the general fund.

(f) The provisions of this section shall not apply to junk or abandoned vehicles as defined in Chapter 9.04 DMC, Abandoned Vehicles. (Ord. 01-702 § 2; Ord. 08-864 § 1).

9.13.030 Forfeitures--State statutes adopted by reference.

The following statutes of the State of Washington are hereby adopted by reference as if set forth in full herein:

(a) RCW 69.50.505, Seizure and Forfeiture [Controlled Substances].

(b) RCW 10.105.010, Seizure and Forfeiture [Items Used in the Commission of a Felony].

9.13.040 Disposal of forfeited firearms.

Any firearms seized by and forfeited to the City pursuant to State law shall be turned over to the chief law enforcement officer, who may to the extent allowed under RCW 9.41.098 dispose of said firearms as follows:

(a) The chief law enforcement officer may retain legal forfeited firearms for Police Department use, subject to the limitations of RCW 9.41.098(2)(b);

(b) The chief law enforcement officer may sell legal forfeited firearms at auction, or in any other manner allowed by law;

(c) Illegal forfeited firearms, defined as those firearms that are illegal to possess, must be destroyed. (Ord. 01-702 § 5; Ord. 08-864 § 1).

9.13.050 Forfeitures fund.

Repealed by Ord. 03-741. (Ord. 01-702 § 6).