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(1) The city manager may institute a forfeiture proceeding in rem to obtain a judgment of forfeiture against property seized under section 4.251 or subject to forfeiture under section 4.247. No judgment of forfeiture shall be allowed or entered until and unless the owner of the property is convicted of a crime and the property is found by clear and convincing evidence to have been instrumental in committing or facilitating the crime or the proceeds of that crime. The value of the property sought to be forfeited shall not be excessive and shall be substantially proportional to the specific conduct for which the owner of the property has been convicted.

(2) Notwithstanding the provisions of subsection (1) of this section, if, following notice to all persons known to have an interest or who may have an interest, no person claims an interest in the seized property or if the property is contraband, a judgment of forfeiture may be allowed and entered without a criminal conviction.

(3) The proceedings for the forfeiture of the property shall be in accordance with the Oregon Rules of Civil Procedure and any person claiming an ownership interest in the property may file an answer and have the right to a jury trial.

(Section 4.253 added by Ordinance No. 19577, enacted September 26, 1988; and amended by Ordinance No. 20242, enacted January 14, 2002, effective February 15, 2002.)