(1) Except as provided in subsections (2) and (3) of this section, property used to promote illegal activity is hereby declared to be a public nuisance and is subject to forfeiture by the city in accordance with Article XV, section 10 of the Oregon Constitution and the procedures of section 4.253 of this code. The following property is subject to forfeiture under this code:
(a) Any controlled substance which is intended for or has been manufactured or delivered.
(b) Any raw material, product, container, equipment, book, record, research material (including formula, microfilm, magnetic tape and data) of any kind which is used, or is intended for use in an illegal activity.
(c) Any conveyance including aircraft, vehicle or vessel which is used to manufacture or deliver or in any manner to facilitate the manufacture or delivery of any controlled substance or any such conveyance which is used to transport or conceal any controlled substance.
(d) Any money, negotiable instrument, security or other thing of value furnished or exchanged or intended to be furnished or exchanged by or to any person to facilitate any illegal activity, and any proceed or profit traceable to such furnishment, exchange or illegal activity.
(e) Any proceed, profit or thing of value traceable to any illegal activity.
(f) Any equipment, material or record of any sort that is used, or intended for use to facilitate any illegal activity.
(g) Any real property which is used to possess, manufacture or deliver any controlled substance.
(2) This section shall not apply to residential real property which is used to facilitate the possession, manufacture or delivery of marijuana, or is used for theft activity, unless the city proves beyond a reasonable doubt that the real property or equity therein was acquired with assets derived from illegal activity for which the owner of the property was convicted.
(3) In a civil forfeiture proceeding under sections 4.245 to 4.255, if a financial institution claiming an interest in the property demonstrates that it holds an interest, its interest shall not be subject to forfeiture. If a person claiming an interest in the property, other than a financial institution or a defendant charged with or convicted of a crime involving that property, demonstrates that the person has an interest in the property, that person’s interest shall not be subject to forfeiture unless the city proves by clear and convincing evidence that the person took the property or the interest with the intent to defeat the forfeiture, or the person is later convicted of a crime as described in section 4.253(1).