Item 3: Ordinance on Personal Property Sale Procedures

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ATTACHMENT A ORDINANCE NO. ________ AN ORDINANCE CONCERNING PERSONAL PROPERTY SALE PROCEDURES AND AMENDING SECTIONS 2.835 and 2.855 OF THE EUGENE CODE, 1971. THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Section 1. Sections 2.835 and 2.855 of the Eugene Code, 1971, are amended to provide as follows: 2.835 Personal Property Sale Procedures - Preceding Sale. (1) If after 60 days from the day the personal property valued at $25 or more (other than any impounded motor vehicle) [shall] comes into the possession of the police department, the owner, conditional vendor, mortgagee or other person interested therein cannot be found after due diligence as herein set out, then the chief of police shall cause to be posted in three public places in the city and published at least once in a newspaper printed and published in the county, a notice generally describing the [finding, the] property, [found and] the address and telephone number where the property can be claimed, the final date before which the property may be claimed, and a statement in substantially the following form: “The Eugene Police Department has in its physical possession the unclaimed personal property described below. If you have any ownership interest in any of that unclaimed property, you must file a claim with the Eugene Police Department within 30 days from the date of publication of this notice, or you will lose your interest in that property.” (2) If the owner, conditional vendor, mortgagee or other person interested therein [shall apply] applies to the chief of police for the return of the property before a sale has taken place, and [shall] submits to the chief of police satisfactory evidence of his or her interest and [shall] pays the costs in the seizing and holding of the motor vehicle or other personal property, the chief of police, being satisfied with the claim, shall surrender the same to the claimant. (3) If no person appears and establishes ownership of or interest in the property prior to the [expiration of six months after the date the personal property has come into the possession of the police department,] date set forth in the notice, the city shall sell the property pursuant to section 2.840, or upon approval of the city manager shall transfer the property to public use by entering it on the city's fixed asset inventory. If the personal property is a weapon described in chapter 4 of this code Ordinance - Page 1 of 3