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