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ORDINANCE N0. 4 0 5 2
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY.OF AUBURN, WASHINGTON, RELATIN6
TO PUBLIC SAFETY AND WELFARE, ADDING_A-NEW CHAPTER TO THE CODIFIED
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ORDINANCES OF THE :CIT;Y OF AUBURN�,_ADOPTING PROGEDURES FOR THE.SEIZURE' ,.
AND FORFEITURE OF PROPERTY USED IN V.IOLATION OF THE UNIFORM CONTROLCED.
SUBSTANCES ACT.
WHEREAS, R.C.W. 69.50.505 grants the City of Auburn the author9ty to sei
money, negotiable instruments and other tangible and intangible property of
value exchanged for controlled substances, proceeds traceable to such an
exchange and/or conveyances used to transport controlled substances; and
WHEREAS, once seized, the property is subject to forfeiture proceedings
by the City; and
WHEREAS, R.C.W. 69.50.505 provides that seized assets and/or the proceeds
from the sale of forfeited property may be retained for official use or used
for payment of the expenses leading to the seizure with the remaindec divided
equally between the State of Washington and the City; and
WHEREAS, appropriate accounting methods must be established for the for-
fieited property so as to carry out the directives of the statute.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. There is herewith added a new chapter to the todified
Ordinances of the City of Auburn which shall read as follows, to-wit:
"SEIZURE AND FORFEITURE. Pursuant to R.C.W. 69.50.505, specified tangible
and intangible property, including but not limited to conveyances, money,
negotiable instruments and securities, may be seized and forfeited by the City
if used to facilitate the sale or receipt of controlled substances in viola-
tion of R.C.W. 69.50.
HEARING TO CONTEST SEIZURE.
A. Notice to Presumed. Owner. The Ci,ty shall, upon seizure of property
pursuant to this Chapter, serve notice within fifteen days of seizure on the
owner of the property, the person in charge, and any person having any right
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Ordinance No. 4052
Page:One
4/16/85, 5/17/85
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or interest, if any are known or can be identified. Notice may be served by
any method authorized by law or court rule including, but not limited Lo, ser-
vice by certified mail with return receipt requested. Service by mail shall
be deemed complete upon mailing within the fifteen day period fotlowing the
seizure.
B. Forfeiture if no Response. If no person notifies the City within
forty-five days, in writing, of a claim of ownership or right to possession,
the property seizured shall be forfeited to the City of Auburn.
C. Hearing. A person who notifies the City within forty-five days of a
claim of ownership or right to possession may request an administrative
hearing before the Auburn Chief of Police. The Chief may des9gnate a Hearing
Officer or Hearing Officer pro tem from the City administration. The hearing
may be removed to the Superior Court of King County be a person asserting a
claim or right to property with aggregate value of $500 or more.
CITY AUTHORIZED TO DISPOSE OF PROCEEDS. Upon forfeiture, the City may:
A. Retain property forfeited for its official use or release it to
another 1aw enforcement agency for its official use;
B. Sell that which is not required by law to be destroyed or is harmful
to the public.
C. Dispose of the property, or forward it to the Drug Enforcement
Administration for disposition, in accordance with the 1aw.
ACCOUNTIN6 METHODS TO BE ESTABLISHED. The City of Auburn Finance Director
and accounting section shall establish separate and disti�ct from the general
fund of the city, special accounts to be known as a Seized Assets and Seized
Money drug accounts.
A. Purpose of accaunts. The purpose of the two accounts is to help off-
set investigative expenses and enhance investigative ability by providing
additional resources.
1. The Seized Assets Account shall be used to augment investigative
expenses.
2. The Seized Money Account shall be used to augment the purchase of
drugs.
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Ordinance No. 4052
Page Two
4/16/85, 5/17/85
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B. Administration of funds. The accounts established by this chapter
sha11 be administered by the City of Auburn Finance Department according to
sound accounting and pr9nciples consistent with the applicable laws, rules,
regulations and order consistent with the purpose of the chapter.
C. Sources of funding for seized asset account. The proceeds from sales
authorized by R.C.W. 69.50.505, less the amount to be forwarded to the
Criminal Justice Training Commission, shall be credited to the Seized assets
account.
D. 5ources of funding for seized money account. When currency is se9zed
by the Auburn Police Department for violation of R.C.W. 69.50, Uniform
Controlled Substances Act, or city ordinance, and after forfeiture is ordered
by a hearing officer or judge of municipal, district or superior court, the
currency so ordered forfeited shall be cred9ted directly to the seized money
account after the money is no longer,of evidentiary value. Currency seized,
which is not contested, shall be ordered forfeited by the City hearing
officer and credited directly to this account.
E. Proceeds from fines and penalties. Proceeds from fines and/or
penalties by municipal, district or superior court judges shall be credited
directly to the existing investigative fund.
F. Definitions. All terms used herein shall, in addition to their ordi-
nary meaning, also be defined according to common law and any state statute or
city ordinance."
Section 2. The provisions of this ordinance are declared to be separate
and severable. The invalidity of any clause, sentence, paragraph, sub-
divisions, section or portion of this ordinance, or the invalidity of the
application thereof to any person or circumstance shall not affect the vali-
dity of the remainder of the ordinance, or the validity of its application to
other persons or circumstances.
Section 3. Any act consistent with the authority and prior to the effec-
Itive date of this ordinance is hereby ratified and confirmed.
Ordinance No. 4652
Page Three
4/16/85, 5/17/85
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Section 4. The Mayor is hereby authorized to implement such administra-
tive procedures as may be necessary to carry out the directions of this
legislation.
Section 5. This Ordinance shall take effect and be in force five (5) days
from and after its passage, approval and publication, as provided by law.
INTRODUCED: JUNE 17, 1985
PA55E0: JUNE 17. 1985
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AS TO fORM:
PUBLISHED: JUNE 28, 1985
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Ordinance No. 4052
Page Four
4/16/85, 5/17/85