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Ord 93-179 ORDINANCE NO. 93-179 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, CREATING A NEW CITY CODE CHAPTER ESTABLISHING A CIVIL SYSTEM OF DRUG FORFEITURE, PROVIDING FOR A DISPOSITION FOR SUCH PROPERTY FORFEITED, ESTABLISHING A SPECIAL ACCOUNT FOR PROCEEDS OF FORFEITURE ACTIONS AND DEFINING THE AUTHORIZED USE OF THE PROCEEDS COLLECTED PURSUANT TO THIS ORDINANCE. WHEREAS, the Federal Way City Council finds that this ordinance is in the interest of the public health, safety and welfare; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES ORDAIN AS FOLLOWS: section 1. Seizure - Authorized When. Pursuant to RCW 69.50.505, specified tangible and intangible property, including but not limited to conveyances, money, negotiable instruments and securities or other intangible property of value, may be seized and forfeited by the city if used to facilitate the sale or receipt of controlled substances in violation of RCW 69.50. section 2. Seizure - Hearinq. A. Notice to presumed owner. The city shall, upon seizure of property pursuant to this ordinance, serve notice of the seizure and the intended forfeiture of the seized property within fifteen days of seizure on the owner of the property, the person in charge, and any person having any right or interest in the seized property, 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 Ord. # 93-179 , pg. 1 COP" to, service by certified mail with return receipt requested. service by mail shall be deemed complete upon mailing within the fifteen day period following the seizure. B. Forfeiture if No Response. If no person notifies the city in writing of the person I s claim of ownership or right to possession within forty-five days of the Notice of Seizure, the property seizure shall be deemed forfeited to the city. C. Hearinq. Any person who notifies the city of a claim of ownership or right to possession of the seized items, within forty- five days of the Notice of seizure and intent to forfeit, may request an administrative hearing before the Federal Way Chief of Police or his or her designee. The Chief shall designate a Hearing Examiner for forfeiture matters upon concurrence of the city. The hearing may be removed to the district court upon motion of the person asserting the claim when the aggregate of the article or articles involved is more than $500.00 and within the jurisdictional limit as set by RCW 3.66.020. D. Hearinq Procedure. A hearing before the city and any appeal therefrom shall be pursuant to the procedures established in Title 34 RCW. Two or More Claimants. In a court hearing between two or E. more claimants to the seized items, the prevailing party as between the multiple claimants shall be entitled to a judgment for cost and for reasonable attorneys fees. F. Burden of Proof. The burden of producing evidence shall be upon the person claiming to be the lawful owner or the person Ord. # 93-179 , pg. 2 claiming to have the lawful right to possession of items seized. G. Return of Seized Items. The City shall promptly return the seized items to claimant upon determination by the Chief of Police or the Hearings Examiner for the City that the claimant is the present lawful owner or is entitled to lawful possession thereof of the seized items. section 3. Disposition of Property. Upon forfeiture, the City may: A. Retain property forfeited for its official use or upon request, release it to another law enforcement agency for its official use; B. Sell that which is not required by law to be destroyed or is harmful to the public; proceeds from such sales shall be deposited into the seized money account; C. Dispose of the property, or forward it to the Drug Enforcement Administration for disposition, in accordance with the law. section 4. Seized assets and seized moneY accounts established. The city Management Services Director and accounting division shall establish, separate and distinct from the General Fund of the city, a special account to be known as Seized Drug Account ("Account"). A. Purpose of Account. The proceeds obtained under section 3(B) and all monies forfeited pursuant to this Ordinance shall be used for the payment of all proper expenses of the investigating leading to the seizure, including any money delivered to the Ord. # 93-179 , pg. 3 subject of the investigation by the city's law enforcement agency, and expenses of the proceedings for forfeiture and sale, including expenses of seizure, maintenance of custody, advertising, actual costs incurred by the City Attorney's office, and all court costs. Fifty percent (50%) of the money remaining after payment of such expenses shall be deposited in a criminal justice training account established under RCW 43~0L210, which shall be appropriated by law to the Washington state Criminal Justice Training Commission, and the remaining fifty percent (50%) shall be deposited in the general fund of the city. B. Administration of Funds. The account established by this Ordinance shall be administered by the City Management Services Department according to sound accounting and principles consistent with the applicable laws, rules, regulations and order consistent with the purpose of the chapter. Definitions. All terms used herein shall, in addition to C. their ordinary meaning, also be defined according to (1) state statute Chapter 65.50 RCW, (2) City ordinance, or (3) common law, in that order of preference. Section 5. Severability. Should any section, subsection, paragraph, sentence, clause or phrase of this ordinance, or its application to a specific person or set of circumstances, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portion of this ordinance, or its application to any other person or set of circumstances. Ord. # 93-l79 , pg. 4 section 6. Effective Date. This ordinance shall be effective thirty (30) days after passage as provided by law. PASSED by the city Council of the City of Federal Way this 1st day of June, 1993. CITY OF FEDERAL WAY ~(~ MAYOR, ROBERT STEAD CITY ATTORNEY, CAROLYN A. LAKE FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: June 5, 1993 EFFECTIVE DATE: July 1, 1993 ORDINANCE NO. 93-179 Kay 12,1993 June l, 1993 I:ILA IKA THLEERIORDINIDRUGFORF Ord. # 93-179 , pg. 5