Chapter 2.44
UNCLAIMED PROPERTY

Sections:

2.44.010    Duties of city officers and employees.

2.44.020    Return to owner.

2.44.030    Sale at public auction.

2.44.040    Reports of property sold.

2.44.050    Reports of property not sold.

2.44.060    Frequency of sales.

2.44.070    Disposition of perishable or depreciable items.

2.44.080    Disposition of revenues.

2.44.090    Keeping of register.

2.44.010 Duties of city officers and employees.

It is the duty of every officer and employee of the city who finds any property in or upon any public street, sidewalk, public building or other public property or grounds in the city, which appears to be lost or abandoned, to deliver the same to the chief of police immediately upon the finding thereof, together with a statement in writing which states as follows:

A.    The time and place of finding;

B.    The name and address of the owner of the property, or the person believed to be the owner, if known; if not known, a statement to such effect. (Ord. 509 §1, 1974)

2.44.020 Return to owner.

The chief of police shall take appropriate care and protection of the property received under Section 2.44.010 of this chapter and shall restore such property to its true owner as soon as possible, if the true owner presents such proof of ownership as is satisfactory to the chief of police, and if such true owner pays for the reasonable costs incurred in the care and protection of the property. (Ord. 509 §2, 1974)

2.44.030 Sale at public auction.

A.    In the event that the chief of police is not able to ascertain the true owner of the property after a reasonable investigation thereof in view of the value and importance of the property and in the event that any such property remains in his possession unclaimed by its true owner for a period of six months, or three months in case of bicycles, from the date of its finding, the chief of police is authorized and required to dispose of the property.

B.    Such property shall be sold at public auction to the highest bidder, at an auction sale held in the city. The time and place of such sale together with a reasonable description of the property to be sold shall be published once in a newspaper of general circulation published in the city, and more than ten days shall elapse between the first publication of the notice and the day upon which the auction is held. (Ord. 509 §3, 1974)

2.44.040 Reports of property sold.

A.    Immediately after the completion of any sale under Section 2.44.030 of this chapter, the chief of police shall make a report thereof to the city clerk, which shall consist of the following:

1.    An affidavit of the publication of the notice;

2.    A list of the property sold together with the amount for which each item of the property was sold, and the person to whom it was sold, and a list of the property not sold at auction which is set forth in the affidavit;

3.    A statement of the expenses of the sale.

B.    The chief of police shall accompany the report with a remittance in the amount of the difference between the selling price of the property and the expenses of the sale. (Ord. 509 §4, 1974)

2.44.050 Reports of property not sold.

In the event that any property is not sold at public auction under Section 2.44.030 of this chapter, the chief of police shall submit a report to the city council stating such fact and setting forth the items of property unsold. The city council shall then make such disposition of the unsold articles as it deems to the best interests of the city. (Ord. 509 §5, 1974)

2.44.060 Frequency of sales.

The chief of police shall hold a public auction sale as often as he deems necessary or expedient. (Ord. 509 §6, 1974)

2.44.070 Disposition of perishable or depreciable items.

Should any property come into the custody and possession of the chief of police which is perishable or which loses the greater part of its value by being retained during the six-month period required by this chapter, or should the lawful charges of the chief of police in keeping or protecting the property amount to two-thirds of the value of the property, the chief of police is not required to retain the property six months, but may dispose of the same at his discretion and in the manner most appropriate therefor. (Ord. 509 §7, 1974)

2.44.080 Disposition of revenues.

Any funds which are received by the city clerk pursuant to any sale under this chapter shall be added to the general fund of the city. The city clerk shall supply funds from time to time to the chief of police for the purpose of caring for or protecting or selling property covered by this chapter. (Ord. 509 §8, 1974)

2.44.090 Keeping of register.

The chief of police shall keep a register of lost or abandoned property, which shall contain the following information: The time and place of finding; the person turning in the property; a description of the property; the disposition thereof, including the name and address of the person to whom the property is delivered by the chief of police, and any other remarks which the chief of police may deem pertinent. (Ord. 509 §9, 1974)