Ordinance No. 20242 - Laserfiche WebLink

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that the person has an interest in the property, that person's interest shall not be subject to forfeiture unless the city proves by clear and convincing evidence that the person took the property or the interest with the intent to defeat the forfeiture~ or the person is later convicted of a crime as described in section 4~253(1), 4.249 Exerrkotion.. Sections 4.245 to 4.255 shall not apply to those unlawful acts defined in ORS 166.720(1) and (2). 4~251 Forfeiture - Seizure. Any property subject to fbrfeiture to the city under section 4.247 may be temporarily seized by any police officer on behalf of the city without issuance of court process 'when: (a) The seizure is incident to a lawful arrest or search under a search warrant or an inspection under an administrative search; (b) A police officer lawfully seizes the property under ORS 133.525 to 133.703 and has probable cause to believe that the property has been used or is intended for use in or to fi~cilitate illegal activity; (c) The property subject to seizure has been the subject of a prior judgment in favor of the city in a fbrfeiture proceeding under this code; (d) The property is directly or indirectly dangerous to the health or safety of any person; or (e) An owner consents to the seizure. 4.253 Forfeiture - Institution of be_~al Procee_¢ings. (1) -fhe city manager may institute a forfbiture proceeding in rem to obtain a judgment of forfeiture against property seized 'under section 4.251 or subject to forfeiture under section 4.247. No judgment of forfeiture shall be allowed or entered until and unless the owner of · the property is con-victed of a crime and the property is fbund by clear and convincing ev'idence to have been instrumental in committing or facilitating the crime or the proceeds of that crime. The value of the property sought to be forfeited shall not be excessive and. shall be substantially proportional to the specific conduct fbr which the ov~mer of the property has been convicted. (2) Notwithstanding the provisions of subsection (1) of this section, if., following notice to all persons know2~ to have an interest or who may have an interest, no person claims an interest in the seized property or if the property is contraband, a judgment of forfeiture may' be allowed and entered without a criminal conviction. (3) The proceedings i~br the fbrfeiture of the property shall be in accordance with fhe Oregon Rules of Civil Procedure and an>, person claiming an ownership interest in the property may file an answer and have the right to a jury trial. Ordinance - 3