Ordinance No. 19552 - Laserfiche WebLink

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If property has been seized pursuant to paragraph ~a} or fib} above, within 30 calendar days of the seizure, in the name of the city, the city attorney may file a complaint and initiate an application fora temporary restraining order restraining the return of the seized property to any person claiming an interest ~n ~t. Forfeiture proceedings shall not be initiated against prop- erty that was seized after the 30-day period described above has expired. ~5} The proceedings for the forfeiture of the property shall be ~n accordance with the Oregon Rules of C~v~l Procedure and any person claim- ing an ownership interest in the property may file an answer and have the right to a jury trial. The burden of proof is on the city by a preponder- ance of the evidence. No drug paraphernalia shall be forfeited under sec- tions 3.300 to 3.310 tv the extent of the interest of any owner or holder of a security interest who did not consent to or was not aware of the use of the property. .~6} Upvn the certificate of the Municipal Court Judge that their preservation ~s necessary to the proper ends of justice, the chief of police shall preserve any drug paraphernalia forfeited to the city until the neces- sity ceases tv exist. In the absence of such necessity or when the necessity ceases, the chief of police or his or her designee shall destroy any drug parapherna1~a forfeited to the city. Section 3. That the matters contained herein concern the public health, welfare and safety and therefore, an emergency is hereby declared to exist, and this Ordinance shall become effective immediately upon its passage by the City Council and approval by the Mayor. Passed by the City Council this 9th day of May, 19$8 .~ ~ City Recorder Ordinance - 6 Approved by the Mayor this