Ord 1840COUNCIL BILL N0.751
ORDINANCE N0. 1840
AN ORDINANCE PROVIDING FOR THE SALE OF ABANDONED, SEIZED, OR SURPLUS PERSONAL
PROPERTY, REPEALING ORDINANCE N0. 988 AND DECLARING AN EMERGENCY.
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. Whenever any personal property, other than abandoned
vehicles, is taken into custody by the Police Department by reason of seizure,
abandonment, or for any other reason, the same shall be held at the expense of
the owner or person lawfully entitled to possession thereof.
Section 2. At any time within 60 days after such property is taken
into possession by the Police Department, except property that is confiscated
and being held as evidence, the owner or person ]awfully entitled to possession
of the property may reclaim the same on application to the police chief and
satisfactory proof of ownership or right to possession, and upon payment of
charges and expenses, if any incurred in the keeping of the property.
Section 3. The procedure contained in this ordinance may also be
used to dispose of surplus property as designated by the City Administrator.
Section 4. Whenever the City Administrator or his designee deems it
necessary all such property shall be sold to the highest bidder at public auction.
The City Administrator or his designee may decline the highest bid and reoffer
the property for sa]e if he considers the price of the bid to be insufficient.
The City Administrator or his designee need not offer the property for sale if,
in his opinion, the probable cost of sale exceeds the value of the property.
Section 5. Any sale held under this ordinance shall be preceeded by
a single publication of notice thereof at least three weeks in advance of such
sale in a newspaper of general circulation in the city of Woodburn.
Section 6. The purchaser at any sale conducted under this ordinance
shall receive title to the property purchased, free from all claims of the owner
PAGE 1 -COUNCIL BILL N0. 751
ORDINANCE N0. 1840
or prior holder thereof and of all persons claiming through or under them. However,
the City of Woodburn assumes no responsibility as to condition of title of the
above-described property. In case the sale shall for any reason be held invalid,
the liability of the City is limited to return of the purchase price.
Section 7. Ali funds received under this ordinance shall forthwith be
deposited by the City Administrator or his designee in the general fund of the
City of Woodburn. Before making any deposit to the general fund, the City Admin-
istrator or his designee may deduct:
~a} Any costs in connection with the sale of the property;
fib} Any consts of mailing a publication in connection with the property;
(c} Reasonable service charges.
Section 8. At any time within one year after such sale, the owner of
any property sold as herein provided shall be entitled to have the balance of
the proceeds of such sale paid to him out of the general fund upon making appli-
cation therefore to the City Council and presenting satisfactory proof of ownership.
Section 9. Ordinance No. 988 is hereby specifically repealed.
Section ~0. This ordinance being necessary for the immediate preserva-
tion of the public peace, health, and safety, an emergency is declared to exist and
this ordinance shall take effect ir~nediately upon passage by the Council and approval
by the C~ayor.
~.
A roved as to form: ~" ~ ~ ~ ~~ ~-.~
pp R
City Attorney Date
APPROVED:
WILLIAM J. COSTI AYOR
Passed by the Council
Submitted to the h9ayor
Approved by the P~layor
Filed in the Office of
.~
ATTEST:- ,x
BARNEY 0 B R
City of Woodb~
the Recorder
IS, Recorder
ern, Oregon
PAGE 2 -~ COUNCIL BILL NO. 751
ORDINANCE NO. 1840