HomeMy WebLinkAbout3405Ordinance No.. 3405
["Beginning July 1, 199811]
(Amending or Repealing Ordinances)
Repeals Ord. 2539 (CH. 9.06)
Repeals Ord. 3215 (CH. 9.05)
ORDINANCE NO. 3 q L S
AN ORDINANCE of the City Council of the City of
Kent, Washington, repealing Chapters 9.05 and 9.06 of the
Kent City Code, and creating a new Chapter 9.05 relating to
property forfeiture and disposal which includes Section
9.05.010 pertaining to the disposal of unclaimed property in
the possession of the Kent Police Department, Section
9.05.020 pertaining to the forfeiture of firearms used during
the commission of a crime, and Section 9.05.030 pertaining
to the seizure and forfeiture of property associated with the
commission of illegal drug transactions.
WHEREAS, the City must amend its Public Safety Code by adopting
certain provisions of the Revised Code of Washington, and by repealing certain sections
of the code in order to provide for a comprehensive code consistent with State law that
will enable the City to dispose of unclaimed evidence, seize, forfeit, and destroy firearms
used during the commission of a crime, and seize and forfeit property related to illegal
drug activity; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Chapter 9.05 entitled "Disposal of Forfeited Firearms" is
hereby repealed in its entirety..
Property Forfeiture and
in its entirety.
SECTION Z Chapter 9.06 entitled "Seized Property" is hereby repealed
SECTION 3. A new Chapter 9.05 entitled "Seizure, Forfeiture, and
Disposal of Unclaimed Property, Firearms, and Property Associated with Controlled
Substances" is hereby added to the Kent City Code as follows:
Chapter 9.05 Seizure, Forfeiture, and Disposal of Unclaimed Property,
Firearms, and Property Associated with Controlled Substances.
Sec. 9.05.010. Disposal of unclaimed property. The following sections of
Chapter 63.32, of the Revised Code of Washington (RCW) are hereby adopted by reference
as currently enacted and as hereinafter amended from time to time, and shall be given the
same force and effect as if set forth herein in full.
A. RCW 63.32.010
Methods of disposition - Notice - Sale, retention,
destruction, or trade.
B. RCW 63.32.020
Notice of sale.
C. RCW 63.32.030
Disposition of proceeds.
D. RCW 63.32.040
Reimbursement to owner.
E. RCW 63.32.050 Donation of unclaimed bicycles and toys to charity.
Sec. 9.05.020. Forfeiture of firearms. Section 9.41.098 of the Revised Code of
Washington (RCW) entitled "Forfeiture of firearms - Disposition — Confiscation" is hereby
adopted by reference as currently enacted and as hereinafter amended from time to time,
and shall be given the same force and effect as if set forth herein in full.
Sec. 9.05.030. Drug seizure and forfeiture. Section 69.50.505 of the
Code of Washington (RCW) entitled "Seizure and forfeiture" is hereby adopted by
reference as currently enacted and as hereinafter amended from time to time, and shall be
given the same force and effect as if set forth herein in full.
2 Property Forfeiture and
SECTION 4. - Severability. If any one or more sections, subsections, or
sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall
not affect the validity of the remaining portion of this Ordinance and the same shall remain
in full force and effect.
SECTION 5. - Effective Date. This ordinance shall take effect and be in
force thirty (30) days from and after its passage, approval, and publication as provided by
law.
)M WHIT MAYOR
ATTEST:
BRENDA JACOBER/CITY CLERK
APPROVED AS TO FORM:
A. LUBOVICH, CITY A
PASSED: day of 11998.
APPROVED: [' day of '1998.
PUBLISHED: day of _, 1998.
3 Property Forfeiture and Disposal
I hereby certify that this is a true copy of Ordinance No. 3yU 5 , passed
by the City Council of the City of Kent, Washington, and approved by the Mayor of the
City of Kent as hereon indicated. ffll))
l;�J (SEAL)
BRENDA JA B CITY CLERK
P: W AINORDINANCIseimre.ord.doc
Property Forfeiture and
63.32.010 Methods of disposition—Notice--Sale,
retention, destruction, or trade. Whenever any personal
property shall come into the possession of the police
authorities of any city in connection with the official
performance of their duties and said personal property shall
remain unclaimed or not taken away for a period of sixty
days from date of written notice to the owner thereof, if
known, which notice shall inform the owner of the disposi-
tion which may be made of the property under this section
and the time that the owner has to claim the property and in
all other cases for a period of sixty days from the time said
property came into the possession of the police department,
unless said property has been held as evidence in any court,
then, in that event, after sixty days from date when said case
has been finally disposed of and said property released as
evidence by order of the court, said city may:
(1) At any time thereafter sell said personal property at
public auction to the highest and best bidder for cash in the
manner hereinafter provided;
(2) Retain the property for the use of the police depart-
ment subject to giving notice in the manner prescribed in
RCW 63.32.020 and the right of the owner, or the owner's
legal representative, to reclaim the property within one year
after receipt of notice; without compensation for ordinary
wear and tear if, in the opinion of the chief of police, the
property consists of firearms or other items specifically
usable in law enforcement work: PROVIDED, That at the
end of each calendar year during which there has been such
a retention, the police department shall provide the city's
mayor or council and retain for public inspection a list of
such retained items and an estimation of each item's replace-
ment value. At the end of the one-year period any un-
claimed firearm shall be disposed of pursuant to RCW
9.41.098(2);
(3) Destroy an item of personal property at the discre-
tion of the chief of police if the chief of police determines
that the following circumstances have occurred:
(a) The property has no substantial commercial value,
or the probable cost of sale exceeds the value of the proper-
ty;
(b) The item has been unclaimed by any person after
notice procedures have been met, as prescribed in this
section; and
(c) The chief of police has determined that the item is
unsafe and unable to be made safe for use by any member
of the general public;
(4) If the item is not unsafe or illegal to possess or sell,
such item, after satisfying the notice requirements as
prescribed in RCW 63.32.020, may be offered by the chief
of police to bona fide dealers, in trade for law enforcement
equipment, which equipment shall be treated as retained
property for purpose of annual listing requirements of
subsection (2) of this section; or
(5) If the item is not unsafe or illegal to possess or sell,
but has been, or may be used, in the judgment of the chief
of police, in a manner that is illegal, such item may be
destroyed. [1988 c 223 § 3; 1988 c 132 § 1; 1981 c 154 §
2; 1973 1st ex.s. c 44 § 1; 1939 c 148 § 1; 1925 ex.s. c.100
1; RRS § 8999-1.]
Reviser's note: This section was amended by 1988 c 132 11 and by
1988 c 223 § 3, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
63.32.020 Notice of sale. Before said personal
property shall be sold, a notice of such sale fixing the time
and place thereof which shall be at a suitable place, .which
will be noted in the advertisement for sale, and containing a
description of the property to be sold shall be published at
least once in the official newspaper of said city at least ten
days prior to the date fixed for said sale. The notice shall be
signed by the chief or other head of the police department of
such city. If the owner fails to reclaim said propertyprior
to the time fixed for the sale in such notice, the chief or
other head of the police department shall conduct said sale
and sell the property described in the notice at public auction
to the highest and best bidder for cash, and upon payment of
the amount of such bid shall deliver the said property to
such bidder. [1988 c 132 § 2; 1925 ex.s. c 100 § 2; RRS §
8999-2.]
63.32.030 Disposition of proceeds. The moneys
arising from sales under the provisions of this chapter shall
be first applied to the payment of the costs and expenses of
the sale and then to the payment of lawful charges and ex-
penses for the keep of said personal property and the
balance, if any, shall be paid into the police pension fund of
said city if such fund exists; otherwise into the city current
expense fund. [1939 c 148 § 2; 1925 ex.s. c 100 § 3; RRS
§ 8999-3.]
63.32.040 Reimbursement to owner. If the owner of
said personal property so sold, or his legal representative,
shall, at any time within three years after such money shall
have been deposited in said police pension fund or the city
current expense fund, furnish satisfactory evidence to the
police pension fund board or the city treasurer of said city of
the ownership of said personal property he or they shall be
entitled to receive from said police pension fund or city
current expense fund the amount so deposited therein with
interest. [1939 c 148 § 3; 1925 ex.s. c 100 § 4; RRS § 899-
4.1
63.32.050 Donation of unclaimed bicycles and toys
to charity. In addition to any other method of disposition
of unclaimed property provided under this chapter, the police
authorities of a city or town may donate unclaimed bicycles,
tricycles, and toys to nonprofit charitable organizations for
use by needy persons. [1987 c 182 § 1.]
Severabllity-1987 c 182: 'If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." (1987 c 182 § 3.)
9.41.098. Forfeiture of firearms—DIsposition—Confiscation
(1) The superior courts and the courts of limited jurisdiction of the
state may order forfeiture of a firearm which is proven to be:
(a) Found concealed on a person not authorized by RCW 9.41.060
or 9.41.070 to carry a concealed pistol: Provided, That it is an
absolute defense to forfeiture if the person possessed a valid Wash-
ington concealed pistol license within the preceding two years and
has not become ineligible for a concealed pistol license in the
interim. Before the firearm may be returned, the person must pay
the past due renewal fee and the current renewal fee;
(b) Commercially sold to any person without an application as
required by RCW 9.41.090;
(c) In the possession of a person prohibited from possessing the
firearm under RCW 9.41.040 or 9.41.045;
(d) In the possession or under the control of a person at the time
the person committed or was arrested for committing a felony or
committing a nonfelony crime in which a firearm was used or
displayed;
(e) In the possession of a person who is in any place in which a
concealed pistol license is required, and who is under the influence
of any drug or under the influence of intoxicating liquor, as defined
in chapter 46.61 RCW;
(f) In the possession of a person free on bail or personal recogni-
zance pending trial, appeal, or sentencing for a felony or for a
nonfelony crime in which a firearm was used or displayed, except
that violations of Title 77 RCW shall not result in forfeiture under this
section;
(g) In the possession of a person found to have beenmentally
incompetent while in possession of a firearm when apprehended or
who is thereafter committed pursuant to chapter 10.77 or 71.05
RCW;
(h) Used or displayed by a person in the violation of a proper
written order of a court of general jurisdiction; or
(i) Used in the commission of a felony or of a nonfelony crime in
which a firearm was used or displayed.
t
(2) Upon order of forfeiture, the court in its discretion may order
destruction of any forfeited firearm. A court may temporarily retain
forfeited firearms needed for evidence.
(a) Except as provided in (b), (c), and (d) of this subsection,
firearms that are: (i) Judicially forfeited and no longer needed for
evidence; or (ii) forfeited due to a failure to make a claim under
RCW 63.32.010 or 63.40.010; may be disposed of in
y manner
er
determined by the local legislative authority. Any proceeds
is
auction or trade may be appliesined by the legislative to fi earms that come intoothe sbsection (2)(a) app 'hes only
posses-
sion of the law enforcement agency after June 30, 1993.
By midnight, June 30, 1993, every law enforcement agency shall
prepare an inventory, under oath, of every firearm that has been
judicially forfeited, has been seized and may be subject to judicial
forfeiture, or that has been, or may be, forfeited due to a failure to
make a claim under RCW 63.32.010 or 63.40.010.
(b) Except as provided in (c) of this subsection, of the inventoried
firearms a law enforcement agency shall destroy illegal firearms, may
retain a maximum of ten percent of legal forfeited firearms for
agency use, and shall either:
(i) Comply with the provisions for the auction of firearms in RCW
9.41.098 that were in effect immediately preceding May 7, 1993; or
(ii) Trade, auction, or arrange for the auction of, rifles and shot-
guns. In addition, the law enforcement agency shall either trade,
auction, or arrange for the auction of, short firearms, or shall pay a
fee of twenty-five dollars to the state treasurer for every short firearm
neither auctioned nor traded, to a maximum of fifty thousand dollars.
The fees shall be accompanied by an inventory, under oath, of every
short firearm listed in the inventory required by (a) of this subsection,
that has been neither traded nor auctioned. The state treasurer shall
credit the fees to the firearms range account established in RCW
77.12.720. All trades or auctions of firearms under this subsection
shall be to licensed dealers. Proceeds of any auction less costs,
including actual costs of storage and sale, shall be forwarded to the
firearms range account established in RCW 77.12.720.
(c) Antique firearms and firearms recognized as curios, relics, and
firearms of particular historical significance by the United States
treasury department bureau of alcohol, tobacco, and firearms are
exempt from destruction and shall be disposed of by auction or trade
to licensed dealers.
(d) Firearms in the possession of the Washington state patrol on or
aftercially
eited and no
rev dente, oforfeited due to93, that are 1a failure to make a claim
forunder RCW
63.35.020, must be disposed of as follows: (i) Firearms illegal for any
person to possess must be destroyed; (ii) the Washington state patrol
may retain a maximum of ten percent of legal firearms for agency
use; and (iii) all other legal firearms must be auctioned or traded to
licensed dealers. The Washington state patrol may retain any pro-
ceeds of an auction or trade.
(3) The court shall order the firearm returned to the owner upon a
showing that there is no probable cause to believe a violation of
subsection (1) of this section existed or the firearm was stolen from
the owner or the owner neither had knowledge of nor consented to
the act or omission involving the firearm which resulted in its
forfeiture.
(4) A law enforcement officer of the state or of any county or
municipality may confiscate a firearm found to be in the possession
of a person under circumstances specified in subsection (1) of this
section. After confiscation, the firearm shall not be surrendered
except: (a) To the prosecuting attorney for use in subsequent legal
proceedings; (b) for disposition according to an order of a court
having jurisdiction as provided in subsection (1) of this section; or
(c) to the owner if the proceedings are dismissed or as directed in
subsection (3) of this section.
Enacted by Laws 1983, ch. 232, § 6. Amended by Laws 1986, ch. 153, § 1;
Laws 1987, ch. 373, § 7; Laws 1987, ch. 506, § 91. Reenacted and
amended by Laws 1988, ch. 223, § 2. Amended by Laws 1989, ch. 222, § 8;
Laws 1993, ch. 243, § 1, eff. May 7, 1993; Laws 1994, 1st Sp.Sess., ch. 7,
§ 414, eff. July 1, 1994; Laws 1996, ch. 295, § 10.
69.50.505 Seizure and forfeiture. (a) The following
are subject to seizure and forfeiture and no property right
exists in them:
(1) All controlled substances which have been manufac-
tured, distributed, dispensed, acquired, or possessed in
violation of this chapter or chapter 69.41 or 69.52 RCW, and
all hazardous chemicals, as defined in RCW 64.44.010, used
or intended to be used in the manufacture of controlled
substances;
69.50.505
(2) All raw materials, products, and equipment of any
kind which are used, or intended for use, in manufacturing,
compounding, processing, delivering, importing, or exporting
any controlled substance in violation of this chapter or
chapter 69.41 or 69.52 RCW;
(3) All property which is used, or intended for use, as
a container for property described in paragraphs (1) or (2);
(4) All conveyances, including aircraft, vehicles, or
vessels, which are used, or intended for use, in any manner
to facilitate the sale, delivery, or receipt of property de-
scribed in paragraphs (1) or (2), except that:
(i) No conveyance used by any person as a common
carrier in the transaction of business as a common carrier is
subject to forfeiture under this section unless it appears that
the owner or other person in charge of the conveyance is a
consenting party or privy to a violation of this chapter or
chapter 69.41 or 69.52 RCW;
(ii) No conveyance is subject to forfeiture under this
section by reason of any act or omission established by the
owner thereof to have been committed or omitted without
the owner's knowledge or consent;
(iii) No conveyance is subject to forfeiture under this
section if used in the receipt of only an amount of marijuana
for which possession constitutes a misdemeanor under RCW
69.50.401(e);
(iv) A forfeiture of a conveyance encumbered by a bona
fide security interest is subject to the interest of the secured
party if the secured party neither had knowledge of nor
consented to the act or omission; and
(v) When the owner of a conveyance has been arrested
under this chapter or chapter 69.41 or 69.52 RCW the
conveyance in which the person is arrested may not be
subject to forfeiture unless it is seized or process is issued
for its seizure within ten days of the owner's arrest;
(5) All books, records, and research products and
materials, including formulas, microfilm, tapes, and data
which are used, or intended for use, in violation of this
chapter or chapter 69.41 or 69.52 RCW;
(6) All drug paraphernalia;
(7) All moneys, negotiable instruments, securities, or
other tangible or intangible property of value furnished or
intended to be furnished by any person in exchange for a
controlled substance in violation of this chapter or chapter
69.41 or 69.52 RCW, all tangible or intangible personal
property, proceeds, or assets acquired in whole or in part
with proceeds traceable to an exchange or series of ex-
changes in violation of this chapter or chapter 69.41 or 69.52
RCW, and all moneys, negotiable instruments, and securities
used or intended to be used to facilitate any violation of this
chapter or chapter 69.41 or 69.52 RCW. A forfeiture of
money, negotiable instruments, securities, or other tangible
or intangible property encumbered by a bona fide security
interest,is subject to the interest of the secured party if, at
the time the security interest was created, the secured party
neither had knowledge of nor consented to the act or
omissiop. No personal property may be forfeited under this
paragraph, to the extent of the interest of an owner, by
reason of any actor omission which that owner establishes
was committed or'omitted without the owner's knowledge or
consent; and
(8) All real property, including any right, title, and
interest in the whole of any lot or tract of land, and any
appurtenances or improvements which are being used with
the knowledge of the owner for the manufacturing, com-
pounding, processing, delivery, importing, or exporting of
any controlled substance, or which have been acquired in
whole or in part with proceeds traceable to an exchange or
series of exchanges in violation of this chapter or chapter
69.41 or 69.52 RCW, if such activity is not less than a class
C felony and a substantial nexus exists between the commer-
cial production or sale of the controlled substance and the
real property. However:
(i) No property may be forfeited pursuant to this
subsection, to the extent of the interest of an owner, by
reason of any act or omission committed or omitted without
the owner's knowledge or consent;
(ii) The bona fide gift of a controlled substance, legend
drug, or imitation controlled substance shall not result in the
forfeiture of real property;
(iii) The possession of marijuana shall not result in the
forfeiture of real property unless the marijuana is possessed
for commercial purposes, the amount possessed is five or
more plants or one pound or more of marijuana, and a sub-
stantial nexus exists between the possession of marijuana and
the real property. In such a case, the intent of the offender
shall be determined by the preponderance of the evidence,
including the offender's prior criminal history, the amount of
marijuana possessed by the offender, the sophistication of
the activity or equipment used by the offender, and other
evidence which demonstrates the offender's intent to engage
in commercial activity;
(iv) The unlawful sale of marijuana or a legend drug
shall not result in the forfeiture of real property unless the
sale was forty grams or more in the case of marijuana or one
hundred dollars or more in the case of a legend drug, and a
substantial nexus exists between the unlawful sale and the
real property; and
(v) A forfeiture of real property encumbered by a bona
fide security interest is subject to the interest of the secured
party if the secured party, at the time the security interest
was created, neither had knowledge of nor consented to the
act or omission.
(b) Real or personal property subject to forfeiture under
this chapter may be seized by any board inspector or law
enforcement officer of this state upon process issued by any
superior court having jurisdiction over the property. Seizure
of real property shall include the filing of a lis pendens by
the seizing agency. Real property seized under this section
shall not be transferred or otherwise conveyed until ninety
days after seizure or until a judgment of forfeiture is entered,
whichever is later: PROVIDED, That real property seized
under this section may be transferred or conveyed to any
person or entity who acquires title by foreclosure or deed in
lieu of foreclosure of a security interest. Seizure of personal
property without process may be made if:
(1) The seizure is incident to an arrest or a search under
a search warrant or an inspection under an administrative
inspection warrant;
(2) The property subject to seizure has been the subject
of a prior judgment in favor of the state in a criminal
injunction or forfeiture proceeding based upon this chapter;
(3) A board inspector or law enforcement officer has
probable cause to believe that the property is directly or
indirectly dangerous to health or safety; or
(4) The board inspector or law enforcement officer has
probable cause to believe that the property was used or is
intended to be used in violation of this chapter.
(c) In the event of seizure pursuant to subsection (b),
proceedings for forfeiture shall be deemed commenced by
the seizure. The law enforcement agency under whose
authority the seizure was made shall cause notice to be
served within fifteen days following the seizure on the owner
of the property seized and the person in charge thereof and
any person having any known right or interest therein,
including any community property interest, of the seizure
and intended forfeiture of the seized property. Service of
notice of seizure of real property shall be made according to
the rules of civil procedure. However, the state may not
obtain a default judgment with respect to real property
against a party who is served by substituted service absent
an affidavit stating that a good faith effort has been made to
ascertain if the defaulted party is incarcerated within the
state, and that there is no present basis to believe that the
party is incarcerated within the state. Notice of seizure in
the case of property subject to a security interest that has
been perfected by filing a financing statement in accordance
with chapter 62A.9 RCW, or a certificate of title, shall be
made by service upon the secured party or the secured
party's assignee at the address shown on the financing
statement or the certificate of title. The notice of seizure in
other cases may be served by any method authorized by law
or court rule including but not limited 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.
(d) If no person notifies the seizing law enforcement
agency in writing of the person's claim of ownership or right
to possession of items specified in subsection (a)(4), (a)(7),
or (a)(8) of this section within forty-five days of the seizure
in the case of personal property and ninety days in the case
of real property, the item seized shall be deemed forfeited.
The community property interest in real property of a person
whose spouse committed a violation giving rise to seizure of
the real property may not be forfeited if the person did not
participate in the violation.
(e) If any person notifies the seizing law enforcement
agency in writing of the person's claim of ownership or right
to possession of items specified in subsection (a)(2), (a)(3),
(a)(4), (a)(5), (a)(6), (a)(7), or (a)(8) of this section within
forty-five days of the seizure in the case of personal property
and ninety days in the case of real property, the person or
persons shall be afforded a reasonable opportunity to be
heard as to the claim or right. The hearing shall be before
the chief law enforcement officer of the seizing agency or
the chief law enforcement officer's designee, except where
-the seizing agency is a state agency as defined in RCW
34.12.020(4), the hearing shall be before the chief law
enforcement officer of the seizing agency or an administra-
tive law judge appointed under chapter 34.12 RCW, except
that any person asserting a claim or right may remove the
matter to a court of competent jurisdiction. Removal of any
matter involving personal property may only be accom-
plished according to the rules of civil procedure. The person
seeking removal of the matter must serve process against the
state, county, political subdivision, or municipality that
operates the seizing agency, and any other party of interest,
6950.505
in accordance with RCW 4.28.080 or 4.92.020, within forty-
five days after the person seeking removal has notified the
seizing law enforcement agency of the person's claim of
ownership or right to possession. The court to which the
matter is to be removed shall be the district court when the
aggregate value of personal property i&. within the jurisdic-
tional limit set forth in RCW 3.66.020. A hearing before the
seizing agency and any appeal therefrom shall beander Title
34 RCW. In a court hearing between two or more claimants
to the article or articles involved, the prevailing party shall
be entitled to a judgment for costs and reasonable attorney's
fees. In cases involving personal property, the burden of
producing evidence shall be upon the person claiming to be
the lawful owner or the person claiming to have the lawful
right to possession of the property. In cases involving real
property, the burden of producing evidence shall be upon the
law enforcement agency. The burden of proof that the
seized real property is subject to forfeiture shall be upon the
law enforcement agency. The seizing law enforcement
agency shall promptly return the article or articles to the
claimant upon a determination by the administrative law
judge or court that the claimant is the present lawful owner
or is lawfully entitled to possession thereof of items speci-
fied in subsection (a)(2), (a)(3), (a)(4), (a)(5), (a)(6), (a)(7),
or (a)(8) of this section.
(f) When property.is forfeited under this chapter the
board or seizing law enforcement agency may:
(1) Retain it for official use or upon application by any
law enforcement agency of this state release such property
to such agency for the exclusive use of enforcing the
provisions of this chapter;
(2) Sell that which is not required to be destroyed by
law and which is not harmful to the public;
(3) Request the appropriate sheriff or director of public
safety to take custody of the property and remove it for
disposition in accordance with law; or
(4) Forward it to the drug enforcement administration
for disposition.
(g)(1) When property is forfeited, the seizing agency
shall keep a record indicating the identity of the prior owner,
if known, a description of the property, the disposition of the
property, the value of the property at the time of seizure, and
the amount of proceeds realized from disposition of the
property.
(2) Each seizing agency shall retain records of forfeited
property for at least seven years.
(3) Each seizing agency shall file a report including a
copy of the records of forfeited property with the state
treasurer each calendar quarter.
(4) The quarterly report need not include a record of
forfeited property that is still being held for use as evidence
during the investigation or prosecution of a case or during
the appeal from a conviction.
(h)(1) By January 31st of each year, each seizing
agency shall remit to the state treasurer an amount equal to
ten percent of the net proceeds of any property forfeited
during the preceding calendar year. Money remitted shall be
deposited in the *drug enforcement and education account
under RCW 69.50.520.
(2) The net proceeds of forfeited property is the value
of the forfeitable interest in the property after deducting the
cost of satisfying any bona fide security interest to which the
69.50.505
property is subject at the time of seizure; and in the case of
sold property, after deducting the cost of sale, including
reasonable fees or commissions paid to independent selling
agents, and the cost of any valid landlord's claim for
damages under subsection (n) of this section.
(3) The value of sold forfeited property is the sale price.
The value of retained forfeited property is the fair market
value of the property at the time of seizure, determined when
possible by reference to an applicable commonly used index,
such as the index used by the department of licensing for
valuation of motor vehicles. A seizing agency may use, but
need not use, an independent qualified appraiser to determine
the value of retained property. If an appraiser is used, the
value of the property appraised is net of the cost of the
appraisal. The value of destroyed property and retained
firearms or illegal property is zero.
(i) Forfeited property and net proceeds not required to
be paid to the state treasurer shall be retained by the seizing
law enforcement agency exclusively for the expansion and
improvement of controlled substances related law enforce-
ment activity. Money retained under this section may not be
used to supplant preexisting funding sources.
(j) Controlled substances listed in Schedule I, 1I,111, IV,
and V that are possessed, transferred, sold, or offered for
sale in violation of this chapter are contraband and shall be
seized and summarily forfeited to the state. Controlled
substances listed in Schedule 1, II, III, IV, and V, which are
seized or come into the possession of the board, the owners
of which are unknown, are contraband and shall be summari-
ly forfeited to the board.
(k) Species of plants from which controlled substances
in Schedules I and II may be derived which have been
planted or cultivated in violation of this chapter, or of which
the owners or cultivators are unknown, or which are wild
growths, may be seized and summarily forfeited to the
board.
(1) The failure, upon demand by a board inspector or
law enforcement officer, of the person in occupancy or in
control of land or premises upon which the species of plants
are growing or being stored to produce an appropriate
registration or proof that he is the holder thereof constitutes
authority for the seizure and forfeiture of the plants.
(m) Upon the entry of an order of forfeiture of real
property, the court shall forward a copy of the order to the
assessor of the county in which the property is located.
Orders for the forfeiture of real property shall be entered by
the superior court, subject to court rules. Such an order shall
be filed by the seizing agency in the county auditor's records
in the county in which the real property is located.
(n) A landlord may assert a claim against proceeds from
the sale of assets seized and forfeited under subsection (f)(2)
of this section, only if:
(1) ATaw enforcement officer, while acting in his or her
official capacity, directly caused damage to the complaining
landlord's property *hile executing a search of a tenant's
residence; and
(2) The landlord has applied any funds remaining in the
tenant's deposit, to,which the landlord has a right under
chapter 59.18 RCW, to cover the damage directly caused by
a law enforcement officer prior to asserting a claim under
the provisions of this section;
(i) Only if the funds applied under (2) of this subsection
are insufficient to satisfy the damage directly caused by a
law enforcement officer, may the landlord seek compensa-
tion for the damage by filing a claim against the govern-
mental entity under whose authority the law enforcement
agency operates within thirty days after the search;
(ii) Only if the governmental entity denies or fails to
respond to the landlord's claim within sixty days of the date
of filing, may the landlord collect damages under this
subsection by filing within thirty days of denial or the
expiration of the sixty-day period, whichever occurs first, a
claim with the seizing law enforcement agency. The seizing
law enforcement agency must notify the landlord of the
status of the claim by the end of the thirty -day period.
Nothing in this section requires the claim to be paid by the
end of the sixty-day or thirty -day period.
(3) For any claim filed under (2) of this subsection, the
law enforcement agency shall pay the claim unless the
agency provides substantial proof that the landlord either:
(i) Knew or consented to actions of the tenant in
violation of this chapter or chapter 69.41 or 69.52 RCW; or
(ii) Failed to respond to a notification of the illegal
activity, provided by a law enforcement agency under RCW
59.18.075, within seven days of receipt of notification of the
illegal activity.
(o) The landlord's claim for damages under subsection
(n) of this section may not include a claim for loss of
business and is limited to:
(1) Damage to tangible property and clean-up costs;
(2) The lesser of the cost of repair or fair market value
of the damage directly caused by a law enforcement officer;
(3) The proceeds from the sale of the specific tenant's
property seized and forfeited under subsection (f)(2) of this
section; and
(4) The proceeds available after the seizing law enforce-
ment agency satisfies any bona fide security interest in the
tenant's property and costs related to sale of the tenant's
property as provided by subsection (h)(2) of this section.
(p) Subsections (n) and (o) of this section do not limit
any other rights a landlord may have against a tenant to
collect for damages. However, if a law enforcement agency
satisfies a landlord's claim under subsection (n) of this sec-
tion, the rights the landlord has against the tenant for
damages directly caused by a law enforcement officer under
the terms of the landlord and tenant's contract are subrogated
to the law enforcement agency. [1993 c 487 § 1; 1992 c
211 § 1. Prior: (1992 c 210 § 5 repealed by 1992 c 211 §
2); 1990 c 248 § 2; 1990 c 213 § 12; 1989 c 271 § 212;
1988 c 282 § 2; 1986 c 124 § 9; 1984 c 258 § 333; 1983 c
2 § 15; prior: 1982 c 189 § 6; 1982 c 171 § 1; prior: 1981
c 67 § 32; 1981 c 48 § 3; 1977 ex.s. c 77 § 1; 1971 ex.s. c
308 § 69.50.505.1
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