Chapter 3.34 DRUG INVESTIGATION FUND FOR SEIZURE PROCEEDS

Chapter 3.34
DRUG INVESTIGATION FUND FOR SEIZURE PROCEEDS

Sections:

3.34.030 Disposition of property or proceeds.

3.34.040 Accounting methods to be established.

3.34.010 Seizure and forfeiture.

Pursuant to RCW 69.50.505, specified tangible and intangible property, including but not limited to conveyances, money, negotiable instruments and securities, may be seized and forfeited by the city if used to facilitate the sale or receipt of controlled substances in violation of Chapter 69.50 RCW. [Ord. 29-85].

3.34.020 Hearing to contest seizure.

A. Notice to Presumed Owner. The city shall, upon seizure of property pursuant to this chapter, serve notice within 15 days of seizure on the owner of the property, the person in charge, and any person having any right or interest, if any are known or can be identified. Notice may be served by any method authorized by law or court rule including, but not limited to, service by certified mail with return receipt requested. Service by mail shall be deemed complete upon mailing within the 15-day period following the seizure.

B. Forfeiture If No Response. If no person notifies the city within 45 days, in writing, of a claim of ownership or right of possession, the property seized shall be forfeited to the city of Richland.

C. Hearing. A person who notifies the city within 45 days of a claim of ownership or right to possession may request an administrative hearing before a hearing officer. The chief of police shall designate a hearing officer or hearing officer pro tem. The hearing may be removed to the superior court of Benton County by a person asserting a claim or right to property with an aggregate value of $500.00 or more. [Ord. 29-85].

3.34.030 Disposition of property or proceeds.

Upon forfeiture, the city may:

A. Retain property forfeited for its official use or release it to another law enforcement agency for its official use;

B. Sell that which is not required by law to be destroyed or is harmful to the public;

C. Dispose of the property, or forward it to the Drug Enforcement Administration for disposition, in accordance with applicable federal laws. [Ord. 29-85].

3.34.040 Accounting methods to be established.

The city of Richland finance director and accounting section shall establish, separate and distinct from the general fund of the city, special accounts to be known as seized assets and seized drug/money accounts.

A. Purpose of Accounts. The purpose of the two accounts is to help offset investigation expenses and enhance investigative ability by providing additional resources.

1. The seized assets account shall be used to augment investigative expenses.

2. The seized drug/money account shall be used to augment the purchase of materials and supplies within the police department.

B. Administration of Funds. The accounts established by this chapter shall be administered by the city of Richland finance department according to sound accounting practices and principles consistent with the applicable laws, rules, regulations, and order consistent with the purpose of this chapter.

C. Sources of Funding for Seized Asset Account. The proceeds from sales authorized by RCW 69.50.505, less the amount to be forwarded to the Criminal Justice Training Commission, shall be credited to the seized assets account.

D. Sources of Funding for Seized Drug/Money Account. When currency is seized by the Richland police department for violation of Chapter 69.50 RCW, Uniform Controlled Substance Act, or city ordinance, and after forfeiture is so ordered by a hearing officer or judge of municipal, district or superior court, the currency so ordered forfeited shall be credited directly to the seized drug/money account after the money is no longer of evidentiary value. Currency seized, which is not contested, shall be ordered forfeited by the city hearing officer and credited directly to this account.

E. Definition. All terms used herein shall, in addition to their ordinary meaning, also be defined according to common law and any state statute or city ordinance. [Ord. 29-85; Ord. 2022-29 § 9].

3.34.050 Authority of city manager.

The city manager is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this chapter. [Ord. 29-85].