Ordinance No. 20242 - Laserfiche WebLink

Home Browse Search

tract of land and tangible and intangible personal property, including currency, instruments or securities or any other kind of privilege, interest, claim or right whether due or to become due. Propertt5 used to promote illegal acfivit~ Property that has a substantial connection to, or is instrumental in, the commission of illegal activity~ Substantial connection. There is a substantial connection to an illegal activity when property is used, or intended to be used in any manner, in the course of, in furtherance of, derived from, or realized through an illegal activky. Theft activity. Includes all forms of attempted theft and theft contained in ORS 164~005 to ORS 164.140. 4.247 Forfeiture~ (1) Except as provided in subsections (2) and (3) of this section, property used to promote illegal activity is hereby declared to be a public nuisance and is subject to fbrfeiture by the city in accordance with Article XV, section 10 of the Oregon Constitution and the procedures of section 4.253 of this code. The Following property is subject to forfeiture under this code: (a) Any controlled substance which is intended for or has been manufactured or delivered. (b) Any raw material, product, container, equipment, book, record, research material (including formula, microfilm, magnetic tape and data) of any kind which is used, or is intended fbr use in an illegal activity. (c) Any conveyance including aircraft, vehicle or vessel which is used to manufacture or deliver or in any manner to facilitate the manufacture or delivery' of any controlled substance or any such conveyance which is used to transport or conceal any controlled substance. (d) Any money, negotiable instrument, security or other thing of value fi~rnished or exchanged or intended to be furnished or exchanged by or to any person to facilffate any illegal activity, and any proceed or profit traceable to such furnishment, exchange or illegal activity. (e) Any proceed, profit or thing of value traceable to any illegal activity. (f) Any equipment, material or record of any sort that is used, or intended fbr use to facilitate any illegal activity. (g) Any real property which is used to possess, manufacture or deliver any controlled substance. (2) This section shall not apply to residential real property which is used to facilitate the possession, manufacture or delivery of marijuana, or is used for theft activity, unless the city proves beyond a reasonable doubt that the real property or equity therein was acquired with assets derived fi:om illegal activity fbr Which the owner of the property was convicted. (3) In a civil forfeiture proceeding under sections 4.245 to 4.255, if a financial institution claiming an interest in the property demonstrates that it holds an interest, its interest shall not be subject m fbrfeimre, ffa person claiming an interest in the property, other than a financial institution or a defendant charged with or convicted of a crime involving that property, demonstrates Ordinance - 2