[Ord. No. 464, 5-5-1953; Ord. No. 1476, 5-16-1972; Ord. No. 1975, 9-20-1988]
Whenever personal property of any kind or nature, except animals
or vehicles, is found on any public property within the City under
circumstances in which no person appears to be in immediate possession
or control of it and where such property appears to have been lost
or appears to have been abandoned for more than 24 consecutive hours,
the City may impound the same and have it transported and stored in
any suitable public or private storage facility. In addition, the
City may impound property alleged to have been the subject of a theft
and may also impound for safekeeping any personal property in the
possession of a person taken into custody.
[Ord. No. 464, 5-5-1953; Ord. No. 1476, 5-16-1972; Ord. No. 1975, 9-20-1988; Ord. No. 2890, Amended, 3-17-2022]
Property impounded under LOC §
14.04.110 may be redeemed at any time prior to actual sale or disposal by showing right to possession of such property and by paying any reasonable charges incurred in impounding and storing said property. In the case of stolen property which is also physical evidence, the period of redemption shall not begin to run until such time as the court which examines the charge against the accused shall order the property released to its owner. Regarding impounded property which was in the possession of a person taken into custody, the period of redemption shall not begin to run until said person is convicted or released from custody. If any impounded property is not claimed by a person entitled to possession thereof, ownership of the property shall vest in the City and the property shall be disposed of as provided below:
1. In
the case of stolen property, the City shall hold the same for a period
of time of at least 60 days. If the owner does not claim the property
within this period, it may be disposed of at public sale or under
any other applicable subsection of this provision.
2. In
the case of property, which after careful examination appears to have
a value of $10 or less, the same shall be held for a period of at
least 30 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.
3. In
the case of any 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 30 days. If the owner does not claim the perishable
material within the above time limit, it may be disposed of in any
reasonable manner.
4. In
the case of narcotics, dangerous drugs and contraband in the custody
of the Police Department which are not needed as evidence and are
not subject to order of court or other lawful order, the City shall
destroy them at the direction of the City Manager or designee, by
incineration, flushing or burying, as appropriate. The destruction
shall be witnessed by a minimum of two persons: one shall be designated
by the City Manager and at least one must be of police command rank.
Nothing in this section shall prevent the immediate destruction of
bombs, explosives, hazardous materials or other personal property
which the City Manager or designee believes constitutes an immediate
threat to public health or safety.
[Repealed by Ord. No. 1476, 5-16-1972]
[Ord. No. 464, 5-5-1953; Ord. No. 1476, 5-16-1972; Ord. No. 2890, Amended, 3-17-2022]
The City Recorder shall cause the posting of a notice in three
public places within the City not less than ten days prior to any
sale held pursuant to this section. In addition, notice of such public
sale shall be published in a newspaper of general circulation within
the City of Lake Oswego and shall also be mailed to any ascertained
legal owners or holders of a security interest in any property to
be sold. Such sale shall be under the direction of the City Manager
or designee and all proceeds from such sale shall first be applied
to defray the costs of the sale and secondly to reimburse the City
for all accrued costs of impounding and storage. Any remaining proceeds
shall be deposited in the general fund of the City. Within one year
after the sale of any item, the owner thereof may establish proof
of ownership and recover any remaining proceeds from the sale of such
item.
[Ord. No. 464, 5-5-1953; Ord. No. 1476, 5-16-1972]
Any purchaser of any item sold by the City at public sale shall
be entitled to receive a bill of sale executed by the City which shall
pass all right, title and interest which the City possesses in the
item to the purchaser thereof.