2005-665-Ordinance No. 2005-013 Recorded 5/3/2005REVIEWED
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LEGAL COUNSEL
RE D
IEW COMMITTEE
DESCHUTES COUNTY OFFICIAL RECORDS
NANCY BLANKENSHIP, COUNTY CLERK
COMMISSIONERS' JOURNAL
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BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Adopting Chapter 2.70,
Disposition of Unclaimed Property, of the ORDINANCE NO. 2005-013
Deschutes County Code.
WHEREAS, Oregon Revised Statutes (ORS 98.245) provides that title to unclaimed property
in possession of a law enforcement agency for longer than 60 days shall pass to the law enforcement
agency, after inventory and publishing a notice of intent to dispose of the unclaimed property, by
posting notice in three public places within the jurisdiction of the law enforcement agency and after
publishing in a newspaper of general circulation a description of the property, and
WHEREAS, ORS 98.245 (2) acknowledges that the process for disposal of unclaimed property
in addition to any other method provided by law, and
WHEREAS, the newspaper publication procedures set out in ORS 98.245 results in
unnecessary administrative costs to the County because the procedures require the County to purchase
notice space in the local newspaper, and
WHEREAS, due to new disposal methods recently adopted by the County (DCC 2.37.110),
opportunities exist for the County to publish notice on the County's website and thus relieve the
County of continually paying for the costs of publishing, which will enable the County to get the
unclaimed property to auction more promptly, and
WHEREAS, The County finds that adopting County Code provisions to allow disposition of
unclaimed property by publishing notice on the County's website and utilizing the disposal methods set
out under DCC 2.3 7.110 will be in the best interests of the County and public; now, therefore,
PAGE I OF 2 - ORDINANCE NO. 2005-013 (04/13 /05)
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
ORDAINS as follows:
Section 1. ADDING NEW CHAPTER. The Deschutes County Code is amended by
adding a new chapter, Chapter 2.70, Disposition of Unclaimed Property, set forth in Exhibit "A,"
attached hereto and by this reference incorporated herein.
Section 2. SEVERABILITY. If any portion of this ordinance is deemed invalid by a court
of competent jurisdiction, the invalid portion shall be severed from the ordinance and the rest shall
remain in full force and effect.
DATED this day of April, 2005.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
— ale'l-&4ce -
TOM DeWOLF, Chair
mmissioner
MNNIS R. LUKT, 0ommissioner
Date of I't Reading: L3 --t day of Qz,�� --1 2005.
Date of 2'd Reading: ,27 -.!'—day of 2005.
Record of Adoption Vote
Commissioner Yes No Abstained Excused
Tom DeWolf
Michael M. Daly
Dennis R. Luke
Effective date: c�04 day of 2005.
ATTEST: 0
Recording Secretary
PAGE 2 OF 2 - ORDINANCE NO. 2005-013 (04/13 105)
EXHIBIT "A"
Chapter 2.70. DISPOSITION OF
UNCLAIMED
PROPERTY
2.70.010.
Title.
2.70.020.
Authority.
2.70.030.
Purpose.
2.70.040.
Definitions.
2.70.050.
Procedure for the Disposition of
Unclaimed Property.
2.70.060.
Disposal of Unclaimed Property.
2.70.070
Title to Property Sold.
2.70.010. Title.
DCC 2.70 shall be known as the Disposition of
Unclaimed Property Ordinance.
(Ord. 2005 -013 § 1, 2005)
2.70.020. Authority.
DCC 2.70 is adopted pursuant to the provisions of
ORS 98.245 (2)
(Ord. 2005 -013 § 1, 2005)
2.70.030. Purpose.
The purpose of DCC 2.70 is to provide greater
cost savings and flexibility in disposing of
unclaimed property in the possession of the
Sheriffs Office while still providing notice and
claim filing to the public.
(Ord. 2005 -013 § 1, 2005)
2.70.040. Definitions.
For the purposes of DCC 2.70, unless otherwise
apparent from the context, certain words and
phrases used in DCC 2.70 are defined as set forth
in DCC 2.70.040.
A. "Sheriffs Office" means The Deschutes
County Sheriff s Office
B. "Unclaimed Property" means personal
property that was seized by the Sheriffs
Office as evidence, abandoned property,
found property or stolen property and that has
remained in the physical possession of the
Sheriffs Office for a period of more than 60
days following the conclusion of all criminal
actions related to the seizure of the evidence,
abandoned property, found property or stolen
property, or conclusion of the investigation if
no criminal action is filed. Unclaimed
personal property does not include
abandoned vehicles.
(Ord. 2005 -013 § 1, 2005)
2.70.050 Procedure for the Disposition of
Unclaimed Property.
The Sheriffs Office may dispose of unclaimed
property as follows:
A. An inventory describing the unclaimed
property shall be prepared by the Sheriff's
Office.
B. The Sheriffs Office shall publish a notice of
intent to dispose of the unclaimed property
described in the inventory prepared pursuant
to subsection A. of this section. The notice
shall be posted in three public places in the
County and shall be published on the
Deschutes County website for 10 consecutive
days prior to disposing of the unclaimed
property or releasing unclaimed property for
disposal.
C. The notice shall include a description of the
unclaimed property as provided in the
inventory, the address and telephone number
of the Sheriffs Office and a statement in
substantially the following form:
NOTICE
The Sheriff's Office 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 Sheriff's Office within 30 days
from the date of publication of this notice,
or you will lose your interest in that
property.
D. A copy of the notice described in subsection
C. of this section shall also be sent to any
person that the Sheriffs Office has reason to
believe has an ownership or security interest
in any of the unclaimed property described in
the notice. A notice sent pursuant to this
paragraph shall be sent by regular mail to the
last known address of the person.
PAGE I of 2 — EXHIBIT "A" To ORDINANCE No. 2005-013 (04/13/05)
EXHIBIT "A"
E. Prior to the expiration of the time period stated
in a notice issued pursuant to this section, a
person may file a claim that presents proof
satisfactory to the Sheriffs Office that the
person is the lawful owner or security interest
holder of any property described in that
notice. The Sheriffs Office shall then return
the property to that person.
F. If the Sheriff's Office fails to return property to
a person that has timely filed a claim
pursuant to subsection E. of this section, the
person may file, within 30 days of the date of
the failure to return the property, a petition
seeking return of the property to the person.
The petition shall be filed in the circuit court
for Deschutes County. If one or more
petitions are filed, the Sheriffs Office shall
hold the property pending receipt of an order
of the court directing disposition of the
property or dismissing the petition or
petitions with prejudice. If the court grants
the petition, the Sheriffs Office shall turn the
unclaimed property over to the petitioner in
accordance with the order.
(Ord. 2005-013 §1, 2005)
2.70.060 Disposal of Unclaimed Property. After
the expiration of the time period stated in the
notice issued pursuant to Section 2.70.050, if the
Sheriffs office has not returned the unclaimed
property to the owner or security interest holder
of such property, then the property shall be
disposed of by any of the methods listed under
DCC 2.37.110, Contracts for Disposal of
Personal Property.
(Ord. 2005-013 § 1, 2005)
2.70.070 Title to Property Sold.
A. Unless the Sheriffs Office or court upholds
the claim or petition under subsections E. or
F. of section 2.70.050, title to all unclaimed
property described in a notice issued pursuant
to section 2.70.050 shall pass to the Sheriffs
Office free of any interest or encumbrance
thereon in favor of any person who has:
1. A security interest in the property and to
whom the removing authority mailed a
copy of the notice described in subsection
B. of section 2.70.050 in accordance with
subsection D. of section 2.07.050; or
2. Any ownership interest in the property.
B. The Sheriffs Office may transfer good and
sufficient title to any subsequent purchaser or
transferee, and the title shall be recognized by
all courts and governmental agencies. Any
department, agency, or officer of the state or
any political subdivision whose official
functions include the issuance of certificates
or other evidence of title shall be immune
from civil or criminal liability when such
issuance is pursuant to a bill of sale issued by
the Sheriff s Office.
C. All personal property which is sold shall be
sold as is without any warranty, either
express or implied, of any kind, including but
not limited to warranties of title or fitness for
any purpose.
(Ord. 2005-013 §1, 2005)
PAGE 2 of 2 — EXHIBIT "A" To ORDINANCE No. 2005-013 (04/13/05)