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Home → Code of Ordinances → Title III: Administration → Chapter 33. City Policies → Disposition of Found and Unclaimed Property

§ 33.05 Treatment of Unclaimed Property

(A) Any officer or employee of the city who has, for any reason, the actual or constructive custody of unclaimed property shall deliver the property to be held under the jurisdiction of his department head. After ten days from time of delivery, or sooner if the department head or his designee deems the property to be of such value that more secure storage is advisable, the property shall be delivered to the custody of the Police Department.
(B) Within ten days of the property coming into the custody of the Police Department, the Department shall make diligent inquiry, including, but not limited to, an examination of the property for identifying markings, to discover the name and address of the owner, conditional vendor, mortgagee, or any person(s) interested therein.
(C) If the owner or other interested person(s) can be readily ascertained, or has been ascertained within ten days of the Police Department custody, the Department shall cause notice to be sent by certified mail to the owner or interested person(s) so that he may claim the property within 30 days of the date on which the notice is sent.
(D) Unclaimed property shall be held for at least 30 days following the notice to the owner or other interested person(s), during which time the owner may redeem the property by satisfactorily establishing his ownership thereof and payment of costs as provided herein.
(E) The Chief of Police, whenever he deems necessary, shall transmit to the evidence/property manager a list of all found and unclaimed property in his possession. After this transmittal, the property shall come into the custody and control of the Evidence/Property Manager.
(F) Unclaimed property valued at $25 or more and which remains unclaimed and not redeemed after the redemption period set forth in divisions (C) and (D) above shall be disposed of by the Evidence/ Property Manager as follows:

(1) At a time set by the City Manager, all unclaimed property shall be sold at public auction to the highest bidder for cash.
(2) In default of bids from others, the City Manager may dispose of the property at his discretion without necessity of taking further bids.
(3) Notice of the time and place of the auction shall be given by one publication in a newspaper of general circulation in the city not less than five days nor more than 15 days before the date of the sale. The notice shall contain a general description of the property to be sold.
(4) At the time of the payment of the purchase price for property sold under this section, the City Manager or a representative of the City Manager shall make, execute, and deliver, on behalf of the city, a bill of sale, in duplicate, the original to be delivered to the purchaser and the copy to be kept on file in the office of the City Manager. The bill of sale shall include the following:

(a) The name and address of the purchaser;
(b) The date of the sale;
(c) The consideration paid;
(d) A brief description of the property; and
(e) A stipulation that the city does not warrant the condition or title of the property.

(5) The sale and conveyance of unclaimed property shall be without redemption.
(6) Property sold pursuant to this section shall be delivered to the purchaser only upon presentation of the bill of sale therefor, issued pursuant to division (D) of this section.
(G) Found and unclaimed property valued at less than $25 and not redeemed may be disposed of by the City Manager in a manner most advantageous to the city.
(H) The proceeds of any sale under this section shall be applied as follows: First, to the payment of the cost of the sale and expenses incurred in the preservation and custody of the property, and; second, the balance, if any, shall be paid to the Finance Director/Recorder of the city and shall be credited to the general fund.
(Ord. 1817, passed 5- -93)

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