Code Table of Contents
ADMINISTRATION AND PERSONNEL
CHAPTERS
2.04 Contract Review Board
2.08 Auxiliary Police Force
2.12 Unclaimed Personal Property Disposal
2.16 Personnel System
Chapter 2.04 CONTRACT REVIEW BOARD
Sections:
2.04.010 Established.
2.04.020 Authority.
2.04.030 Rules.
2.04.010 Established.
The city council shall be the local contract review
board. (Ord. 4-1982 (part))
2.04.020 Authority.
The contract review board is constituted per the
provisions of ORS 279.055, and shall exercise all powers
and authority granted by ORS 279.055. (Ord. 103 (part),
1996: Ord. 4-1982 par 2)
2.04.030 Rules.
From time to time the city council, acting as the
contract review board shall, by resolution of the board,
adopt rules for the exercise of its authority as the
contract review board. (Ord. 103 (part), 1996: Ord.
4-1982 par 3)
Chapter 2.08 AUXILIARY POLICE FORCE
Sections:
2.08.010 Created/Membership.
2.08.020 Purpose.
2.08.010 Created/Membership.
There is created an auxiliary police force for the
city of Elgin. Such auxiliary police force shall never
exceed in membership at any one time more than twelve
(12) members thereof. The membership of said auxiliary
police force shall be appointed by the council of the
city of Elgin only. In order to be eligible to
appointment into the membership of such auxiliary police
force, a person shall have the following qualifications:
A. Shall be over the age of twenty-one (21)
years;
B. Shall be of good moral character;
C. Shall be a citizen of the United States;
D. Shall have been a resident of the city of
Elgin for at least twelve (12) months;
E. Shall have never been convicted of a felony
or a misdemeanor involving moral turpitude. (Ord. 5-1956
para 1)
2.08.020 Purpose.
The purpose of such auxiliary police force and the
duties of the membership thereof shall be to aid and
assist those regularly employed as police officers by
the city of Elgin to maintain the health, welfare,
safety and peace of the city of Elgin. All members of
such auxiliary police force shall have the same powers
of arrest as a regularly employed police officer of the
city of Elgin. (Ord.5-1956 par 2)
Chapter 2.12 UNCLAIMED PERSONAL PROPERTY DISPOSAL
Sections:
2.12.010 Definitions.
2.12.020 Applicability.
2.12.030 Records to be maintained by city.
2.12.040 Disposition of vehicles.
2.12.050 Impounding nuisance.
2.12.060 Sale of vehicles having a value less than $100.
2.12.070 Notice to owner of receipt of property by City.
2.12.080 Right of city to sell property.
2.12.090 Notice of sale.
2.12.100 Personal property sale procedures.
2.12.010 Definitions.
As used in this chapter:
"Abandoned" means left unclaimed with the city for
a period exceeding thirty (30) days.
"City" means the city of Elgin.
"Costs" means the expenses of removing,
storing, selling and protecting an item of personal
property.
"Chief of police" includes any authorized law
enforcement officer of the city.
"Owner" means any individual, firm, corporation or
unincorporated association with a claim of ownership or
of any interest, legal or equitable, in any item
of personal property.
"Vehicle" means every device, except bicycles, in,
upon, or by which any person or property is or may
be transported, driven or drawn upon a public
highway.(Ord. 1-1980 par 1)
2.12.020 Applicability.
This chapter shall apply to all personal property
impounded, recovered or deposited with the city, and
shall include property now, or hereafter in custody of
the city. (Ord. 1-1980 par 2)
2.12.030 Records to be maintained by city.
When personal property of any nature is deposited,
impounded, recovered or otherwise comes into
the possession of the city, except items seized
as evidence, the city shall record a description of the
property, the date of its reception, and any
identifying characteristics. Items seized as
evidence shall be tagged and stored according to the
rules and regulations adopted by the chief of
police. (Ord. 1-1980 par 3)
2.12.040 Disposition of vehicles.
A. It shall be the duty of the police
department,whenever a vehicle is left upon the streets or
alleys in the same position for a period exceeding
fortyeight (48) hours to:
1. Make an investigation to determine the owner
and request removal of the vehicle;
2. Failing to discover the owner by such a
process, to make a diligent inquiry as to the name and
address of the owner of the vehicle by examining such
vehicle for license number, identification number, make,
style and other information which will aid in the
identification of the ownership of the vehicle, and
transmitting all available information pertaining to such
vehicle to the Motor Vehicles Division of the state with
an inquiry for the name and address of the owner,
whenever such vehicle is required by law to be registered
with the office;
3. If the owner is not identified, to place a
notice upon the windshield, or some other part of the
vehicle easily seen by the passing public.
B. The notice shall state that the police
department will remove and impound the vehicle under the
provisions of this chapter, fortyeight (48) hours after
the time of posting, unless:
1. The owner removes the vehicle; or
2. Good cause is shown, satisfactory to the
chief of police, why such vehicle should not be removed
by the owner or removed and impounded by the city. (Ord.
1-1980 par 4)
2.12.050 Impounding nuisance.
A. An abandoned vehicle which remains in the
same position for a period of fortyeight (48) hours after
an owner has been requested to remove it or after a
notice to the owner has been posted upon the vehicle
shall constitute a nuisance if no person has appeared to
show good cause why the vehicle should not be moved.
B. It shall be the duty of the police department
to remove a vehicle which constitutes a nuisance under
the provisions of this chapter, store the vehicle
and dispose of it pursuant to the provisions of this
chapter.
C. After impoundment, the chief of police shall
cause the vehicle to be appraised. (Ord. 1-1980 par 5)
2.12.060 Sale of vehicles having a value less than one
hundred dollars.
A. If the vehicle is appraised at one hundred
dollars ($100.00) or less, the chief of police shall file
with the Department of Motor Vehicles an affidavit
describing the vehicle, including the license plates, if
any, stating the location and appraised value of
the vehicle, and stating that the vehicle will be
junked or dismantled. The chief of police shall state
that notice of intent to junk or dismantle a vehicle
has been sent with notification of the location of the
vehicle to the owner, or that a diligent search has
been made to find the owner and it has not been
successful.
B. Upon completion and forwarding the affidavit
and an expiration of a period of fifteen (15) days, the
chief of police may without notice of public
auction, dispose of the vehicle and execute a certificate
of sale in the form provided by this chapter. (Ord.
1-1980 par 6)
2.12.070 Notice to owner of receipt of property by the
city.
If the name and residence of the owner of the
impounded, recovered or deposited personal property is
known to the city, a notice shall immediately be
sent to the owner containing the following information:
A. A description of the property;
B. Identifying characteristics of the property
that would indicate that the person receiving the notice
is the owner;
C. Reasons for the item of personal property
being in the custody of the city;
D. A statement that if the property is not
reclaimed within thirty (30) days it will be sold,
expenses of towing, storage, sale and administration
deducted from the sale price and the balance remitted to
the recorder-treasurer. (Ord. 1-1980 par 7)
2.12.080 Right of city to sell property.
If personal property retained by the city is not
claimed and taken away within thirty (30) days after the
date it was received, the property shall be sold
in the manner provided for in this chapter. All items of
personal property, except vehicles having a value of less
than one hundred dollars ($100.00),
shall be sold at public auction. (Ord. 1-1980 par 8)
2.12.090 Notice of sale.
If the name and residence of the owner is not
known, a notice shall be published in a newspaper
published in Union County containing a description of
the property, and a statement that the property shall be
sold at public auction, along with the date of the
auction. The notice provided for in this section shall
be published twice in a newspaper published in Union
County, and the last publication shall be at least ten
(10) days prior to the sale date. (Ord. 1-1980 par 9)
2.12.100 Personal property sale procedures.
A. If no claim has been made before the time set
for the sale of the personal property, the chief of
police shall, at the time appointed, within view of the
property to be sold, offer the property for sale to the
highest bidder for cash. If no bids are received for
anitem of property, the chief of police may dispose of it
in his discretion without the necessity of taking
further bids.
B. On the consummation of a sale, the chief of
police shall make, execute and deliver on behalf of the
city, a bill of sale signed by himself as chief of
police, conveying the property in question to the
purchaser, and delivering possession of the property
to the purchaser.
C. The sale and conveyance shall be without
redemption. The proceeds of this sale shall be first
applied upon storage, towing bills, publication fees and
other costs of the keeping and sale; the balance shall go
to the general fund of the city.
D. The certificate of sale shall be
substantially as follows:
---------------------------------------------------
CERTIFICATE OF SALE
This is to certify that under the provisions
of Ordinance No.1 Series 1980, entitled An Ordinance for
the Disposal of Impounded, Recovered, or Deposited
Personal Property, I did on the ___day of ____, 20__,
sell to _______________ for the sum of $______ cash,
the following described personal property:
(Description of Property)
In consideration of the payment of the same sum of $xxx
receipt whereof is hereby acknowledged, I have this day
delivered to said purchaser the foregoing property.
DATED this _____ day of __________, 20__, at Elgin, Oregon
City of Elgin
NOTE: The City of Elgin assumes no
responsibility as to the condition of title of the above
described property. In case this sale for any reason
be invalid, the liability of the City is limited to the
terms of the purchase price.
------------------------------------------------------
E. Upon completion of the sale provide for in
this chapter, the chief of police shall deliver the
proceeds of the sale, with an itemized statement of the
costs of the sale, administration and storage charges, to
the city recorder/administrator. (Ord. 1-1980 par 10)
Chapter 2.16 PERSONNEL SYSTEM
Sections:
2.16.010 Title.
2.16.020 Purpose.
2.16.030 Adoption and amendment of rules.
2.16.040 Administration of the rules.
2.16.010 Title.
The title of the ordinance shall be the personnel
ordinance of the city of Elgin. (Ord. 5-1980 par 1)
2.16.020 Purpose.
The ordinance codified in this chapter is adopted
to establish an equitable and uniform procedure for
dealing with personnel matters; to attract to municipal
service and to retain the best and most competent persons
available; to assure that appointments and promotions of
employees will be based on merit and fitness; and to
provide a reasonable degree of job security for qualified
employees. (Ord. 5-1980 par 2)
2.16.030 Adoption and amendment of rules.
Personnel rules shall be adopted and amended by
resolution of the city council. The rules shall provide
means to recruit, select, develop and maintain
an effective and responsive work force, and shall include
policies and procedures for employee hiring
and advancement, training and career development, job
classification, salary administration, retirement, fringe
benefits, discipline, discharge, and other
related activities. All appointments and
promotions shall be made in accordance with the personnel
rules without regard to sex, race, color, age, religion
or political affiliation; and, furthermore, shall be
based on merit and fitness. (Ord. 5-1980 par 3)
2.16.040 Administration of the rules.
The mayor and/or his designate shall be responsible
for:
A. Administering all the provisions of this
chapter and of the personnel rules not specifically
reserved to the city council.
B. Preparing or causing to be prepared and
recommending to the city council personnel rules and
revisions and amendments to such rules. (Ord. 5-1980
par 4)