Chapter 2.75
DISPOSAL OF UNCLAIMED, BAILED
AND STOLEN PROPERTY
Sections:
2.75.010 Unclaimed property – Definition.
2.75.020 Notice and sale of unclaimed property.
2.75.040 Delivery of stolen property to owner.
2.75.060 Disposal of unclaimed stolen property.
2.75.070 Title of purchase at sale.
2.75.080 Crediting and appropriating proceeds of sale paid into city treasury – Rights of owner.
2.75.090 Rights and authority converted by order of delivery.
2.75.010 Unclaimed property – Definition.
“Unclaimed property” means personal property that was seized by a removing authority as evidence, abandoned property, found property or stolen property, and that has remained in the physical possession of that removing authority for a period of more than 60 days following conclusion of all criminal actions related to the seizure of the evidence, abandoned property, found property or stolen property, or conclusion of the investigation if no criminal action is filed. [Ord. 18-O-772 § 2 (Exh. A); Ord. 80-O-343 § 1.]
2.75.020 Notice and sale of unclaimed property.
A. Notice. Before property may be sold pursuant to this section, a minimum of 30 days’ notice of sale shall be given to any person that the city of Brookings has reason to believe has an ownership or security interest in any of the unclaimed property described in the notice. The notice shall be sent by regular mail to the last known address of the person. In addition, the city of Brookings shall post a notice in three public places and publish it at least once within a newspaper of general circulation in Curry County. The notice shall include a description of the unclaimed property, the address and telephone number of city hall. The first publication of the notice shall be at least 30 days prior to the date of sale.
B. Affidavit by Custodian When No Response to Notice. If the owner or person entitled to the property to be sold pursuant to this section shall not take it away and pay the charges thereon after 30 days’ notice is given, the agency of the city of Brookings having possession thereof shall deliver to the Brookings police department an affidavit setting forth a description of the property remaining unclaimed, the time of its reception, the publication of the notice, and whether the owner of the property is known or unknown.
C. Inventory and Order to Sell. Upon the delivery to the Brookings police department of the affidavit as provided in subsection (B) of this section, the property described therein may be sold at public auction or public sale by the department.
D. Sale. The Brookings police department, after receiving the affidavit provided for in subsection (B) of this section, shall sell the property at public auction or public sale.
E. Delivery of Proceeds. Upon completing the sale provided for in subsection (D) of this section and after deducting its fees, the Brookings police department shall deliver the net proceeds of the sale, together with a statement containing a description of the property sold, the gross amount of the sale, and the costs, charges and expenses, to the city finance director.
F. Disposal If Not Sold. If, upon completing the sale provided for in subsection (D) of this section, property remains unclaimed and unsold, the Brookings police department may dispose of such property by any method it deems suitable based upon the nature and condition of the property.
G. Procedure by City Finance Director. The city finance director shall make an entry of the amount received by him or her and the time when received.
H. Payment to Person Proving Ownership. If the owner of the property sold, or his legal representative, furnishes satisfactory evidence to the city finance director of his or her ownership of the property deposited in the city treasury pursuant to subsection (E) of this section, he or she shall be entitled to receive from the treasurer the amount deposited with him. Any such claim must be made within one year of the date of sale. [Ord. 18-O-772 § 2 (Exh. A).]
2.75.030 Fees allowed to municipal court judge and Brookings police department.
Repealed by Ord. 18-O-772. [Ord. 80-O-343 § 3.]
2.75.040 Delivery of stolen property to owner.
If property that is the subject of a theft has not been delivered to the owner, the court before which a trial is had for the stealing thereof, may, on like proof and condition, order its delivery to the owner or his agent. [Ord. 18-O-772 § 2 (Exh. A); Ord. 80-O-343 § 4.]
2.75.050 Rights and authority converted by order of delivery.
Repealed by Ord. 18-O-772. [Ord. 80-O-343 § 5.]
2.75.060 Disposal of unclaimed stolen property.
If stolen property is not claimed by the owner within 60 days from the conviction of the person charged with the theft, the officer having it in custody shall, if it is money, pay it into the city treasury. If it is other property, it shall be sold as otherwise provided in this chapter. [Ord. 18-O-772 § 2 (Exh. A); Ord. 80-O-343 § 6.]
2.75.070 Title of purchase at sale.
The sale of property pursuant to this chapter conveys a good title to the purchaser as against any person. [Ord. 18-O-772 § 2 (Exh. A); Ord. 80-O-343 § 7.]
2.75.080 Crediting and appropriating proceeds of sale paid into city treasury – Rights of owner.
Money paid into the city treasury pursuant to BMC 2.75.060 shall be credited and appropriated as a fine imposed upon a person convicted of a theft; but, the owner of the property, at any time within one year of the conviction, upon making satisfactory proof of ownership before the municipal court, may, by the order of such court, have the proceeds repaid to him from the city treasury. [Ord. 18-O-772 § 2 (Exh. A); Ord. 80-O-343 § 8.]
2.75.090 Rights and authority converted by order of delivery.
The order provided for in BMC 2.75.080 entitles the owner or his or her agent to demand and receive the possession of the property from the officer having it in custody and authorizes such officer to deliver it accordingly, but it does not affect the rights of third persons. [Ord. 18-O-772 § 2 (Exh. A).]