Chapter 3.36
UNCLAIMED PROPERTY1
Sections:
3.36.010 Sale authorized.
3.36.020 Sale – Notice – Procedure.
3.36.030 Sale – Proceeds disposition.
3.36.040 Sale – Proceeds to property owner when.
3.36.050 Other methods of disposition.
3.36.060 Donation to charitable organizations.
3.36.010 Sale authorized.
Whenever any personal property comes into the possession of the police authorities of the city in connection with the official performance of their duties, and said personal property remains unclaimed or not taken away for a period of 60 days from the date of written notice to the owner thereof, if known, and in all other cases for a period of 60 days from the time the property came into the possession of the police department, unless the property has been held as evidence in any court, then, in that event, after 60 days from the date when the case has been finally disposed of and the property released as evidence by order of the court, the city may at any time thereafter sell the personal property at public auction to the highest and best bidder for cash in a manner provided in this chapter. (Ord. 4480 § 2, 1990; Ord. 2929 § 2, 1976.)
3.36.020 Sale – Notice – Procedure.
Before the personal property shall be sold, if the name and address of the owner thereof is known, at least 10 days’ notice of such sale shall be given to him either personally or by leaving a written notice at his residence or place of doing business with some person of suitable age and discretion and a resident or employee therein; or if the name or residence of the owner is not known, a notice of such sale affixing the time and place thereof, which shall be at a suitable place, which will be noted in the advertisement for sale, and published at least once in the official newspaper of the city at least 10 days prior to the date fixed for the sale. The notice shall be signed by the chief of the police department. If the owner fails to reclaim the property prior to the time affixed for the sale in such notice, the chief of police shall conduct the sale and shall 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 property to such bidder. (Ord. 2929 § 2, 1976.)
3.36.030 Sale – Proceeds disposition.
The moneys arising from sales under the provisions of this chapter shall first be applied to the payment of the costs and expenses of sale and then to the payment of the lawful charges and expenses for the keeping of the personal property, and the balance, if any, shall be paid into the general fund of the city. (Ord. 2929 § 2, 1976.)
3.36.040 Sale – Proceeds to property owner when.
If the owner of the personal property so sold or his legal representative, at any time within three years after such money has been deposited in the general fund, furnishes satisfactory evidence to the finance director, then he shall be entitled to receive from the general fund the amount so deposited plus interest. (Ord. 2929 § 2, 1976.)
3.36.050 Other methods of disposition.
In addition to the sales of personal property as described in this chapter, the city may:
A. Retain the property for the use of the police department subject to giving notice in the manner prescribed in ACC 3.36.020 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 replacement value. At the end of the one-year period any unclaimed firearm shall be disposed of pursuant to RCW 9.41.098(2).
B. Destroy an item of personal property at the discretion of the chief of police if the chief of police determines that the following circumstances have occurred:
1. The property has no substantial commercial value, or the probable cost of sale exceeds the value of the property;
2. The item has been unclaimed by any person after notice procedures have been met, as prescribed in this section; and
3. 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.
C. If the item is not unsafe or illegal to possess or sell, such item, after satisfying the notice requirements as prescribed in ACC 3.36.020, 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 the purpose of annual listing requirements of subsection A of this section; or
D. 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. (Ord. 4480 § 3, 1990.)
3.36.060 Donation to charitable organizations.
In addition to other methods of disposition of unclaimed property provided under this chapter, the police authorities of the city may donate unclaimed bicycles, tricycles and toys to nonprofit charitable organizations for use by needy persons. (Ord. 4453 § 1, 1990.)
For statutory provisions on unclaimed personal property in the possession of any city or town, see Ch. 63.36 RCW.