Ordinance No. 19577 - Laserfiche WebLink

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fig} Any real property which is used to possess, manufacture or delver any controlled substance. . ~2} This section shall not apply to residential real property which ~s used to fac~l~tate the possession, manufacture or delivery of mari- juana, or is used for theft activity, unless the city proves beyond a reason- able doubt that the real property or equity therein was acquired with assets derived from illegal activity. 43} No property shall be forfeited under sections 4.245 to 4.255 to the extent of the interest of any owner or holder of security interest who did not consent to or was not aware of the use of the ro ert in the ille al activi p p y g ty. 4.249 Exem tion. Sections 4.245 to 4.255 shall not apply to those unlaw- ful acts defined in ORS 166.7201} and ~2}. 4.251 Forfeiture - Seizure. ~1} Any property subject to forfeiture to the city under section 4.247 may be seized by any police officer on behalf of the city without issu- ance 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; or fib} 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 far use in or to facilitate illegal activity; or ~c} The property subject to seizure has been the subject of a prior judgment ~n favor of the city in a forfeiture proceeding under this code. 4.253 Forfeiture - Institution of Le al Proceedin s. ~1} In the event of a seizure under section 4.251, or upon recei t of ~nformat~on which Ives the ci p g ty manager or the manager's designee prob- able cause to believe that property could be subject to forfeiture under sec- tion 4.247, the city manager may institute a forfeiture proceedin in rem to obtain a 'ud ment of forfe' ~ g ~ g ~ture against the seized property, ~2} If property has been seized pursuant to paragra hs 4.251 1 a p, ~}~} or ~ 1 } ~ b} , w~ th i n 3o calendar days of the se ~ zure there ma be f ~ 1 ed b the y y city manager a compla7nt and an appl7cat~on for a temporary restrainin order restra i n i n the ret ~ g g urn of the seized property to any person cla~m~ng an interest ~n ~t. Under this subsection forfeiture proceedings shall not be initiated against property that was seized after the 3o-da eriod des- yp cribed above has expired. ~3} The proceedings for the forfeiture of the property shall be 1n accordance with the Oregon Rules of Civil Procedure and any person claim- ing an ownership interest in the property may file an answer and have the right to a fury trial. The burden of proof is on the city by a re onder- p p once of the evidence, except as provided in subsection 4.Z47~2 . } Ordinance - 3