Chapter 3.05
DISPOSITION OF CONFISCATED AND ABANDONED PROPERTY
Sections:
3.05.010 Police department to store pending investigation.
3.05.030 Procedure preparatory to sale when owner, etc., is ascertained.
3.05.040 Procedure preparatory to sale when owner, etc., is not ascertained.
3.05.050 Surrender of property to owner, etc., before sale.
3.05.080 Sale or disposition of vehicle appraised at $100.00 or less – Rights of owner.
3.05.100 Release of property from storage.
3.05.110 Places of storage to file monthly inventories.
3.05.010 Police department to store pending investigation.
It shall be the duty of the police department of the city, whenever a motor vehicle or other personal property shall be found abandoned upon the streets of the city, or be found without an owner claiming the same, or shall by reason of arrest, confiscation or in any other manner come into the hands of the police department without a claimant, to store the same with some reputable motor vehicle storage yard, garage or other storage place either within or without the city limits of Junction City pending investigation into the ownership of the personal property. [Ord. 535 § 2, 1968.]
3.05.020 Investigation by police – Inquiry as to ownership of motor vehicles and appraisal of vehicles.
The officers of the police department, upon finding personal property, as referred to in this chapter, or coming into possession of the same, shall make diligent inquiry of all available persons as to the name and address of the owner, conditional vendor or mortgagee or any person interested therein, and shall examine the motor vehicle or other personal property for a license number, motor number, serial number, make and style, and for any other information which will aid in the identification of the owner, conditional vendor, mortgagee or other interested person.
If the personal property in question is a motor vehicle, the police department after having acquired all available information shall immediately transmit the same to the Department of Motor Vehicles with an inquiry for the name and address of the owner, conditional vendor, mortgagee or other interested person.
The police department shall cause the vehicle to be appraised when it comes into its possession by an appraiser holding a valid permit issued by the Department of Motor Vehicles. [Ord. 535 § 3, 1968.]
3.05.030 Procedure preparatory to sale when owner, etc., is ascertained.
If the owner or conditional vendor of property referred to in this chapter or mortgagee or other person interested therein is found and identified, he shall be immediately notified by registered letter that the personal property is to either be disposed of as hereinafter provided if the vehicle is appraised at a value of $100.00 or less or be sold by the police by auction at the City Hall grounds, the place of storage, or any other designated location within the city on a certain day at 10:00 a.m., to the highest and best bidder for cash, which sale shall not be held until 10 days have elapsed from the receipt by the owner of the registered notice. [Ord. 606 § 1, 1972; Ord. 535 § 4, 1968.]
3.05.040 Procedure preparatory to sale when owner, etc., is not ascertained.
If, after 60 days from the day the personal property referred to in this chapter shall come into the possession of the police department, the owner, conditional vendor, mortgagee or other interested person cannot be found after due diligence as herein set out, the chief of police shall either dispose of it as hereinafter provided if the vehicle is appraised at a value of $100.00 or less, or cause to be published in a newspaper printed and published in the county a notice embodying the information set out in JCMC 3.05.030, which shall be published twice, the first publication of which shall be made more than 10 days before such proposed sale. [Ord. 606 § 1, 1972; Ord. 535 § 5, 1968.]
3.05.050 Surrender of property to owner, etc., before sale.
If the owner or conditional vendor of the personal property referred to in this chapter or mortgagee or other person interested therein shall apply to the chief of police before a sale shall have taken place, for the return of such property and shall, before a sale or disposition, submit to the chief of police satisfactory evidence of his interest therein and shall tender with the application the costs in the seizing, keeping and making sale of the motor vehicle or personal property, the chief of police, upon being satisfied that the claim is rightful, shall surrender the same to the claimant. [Ord. 535 § 6, 1968.]
3.05.060 Sale generally.
If no claim shall have been made before the time set for the sale of the personal property under this chapter the chief of police or his duly authorized representative shall on the City Hall grounds, the place of storage or any other place within the city designated in the notice of sale required by JCMC 3.05.040, at the time appointed, within view of the property to be sold, offer for sale and shall sell such property to the highest and best bidder for cash, and in default of bids from others for a greater sum, shall bid the same in the city at its reasonable value. [Ord. 535 § 7, 1968.]
3.05.070 Bill of sale.
Upon the consummation of a sale under JCMC 3.05.060, the chief of police shall make, execute and deliver upon behalf of and in the name of the city a bill of sale signed by himself as chief of police of the city, conveying the property in question to the purchaser, and coincidentally therewith delivering possession of such property to the purchaser. [Ord. 535 § 8, 1968.]
3.05.080 Sale or disposition of vehicle appraised at $100.00 or less – Rights of owner.
A. This section provides for the disposition of a vehicle appraised under JCMC 3.05.020 at a value of $100.00 or less. If the vehicle is appraised at $100.00 or less, the chief of police shall file with the Department of Motor Vehicles an affidavit describing the vehicle, including the license plates, if any, stating the location and appraised value of the vehicle, that the vehicle will be junked or dismantled, and that:
1. Notice of intent to junk or dismantle the vehicle has been sent with notification of the location of the vehicle to the legal owner and owner or person entitled to possession as provided by this chapter.
2. The owner has signed a release, under oath, disclaiming any future interest in the vehicle, which release shall be forwarded to the department with the affidavit.
B. If either the legal owner, owner or person entitled to possession has not signed a release and has not, within 15 days after the date notification is mailed, reclaimed the vehicle, such action shall constitute a waiver of the interest of such person.
C. Upon completion and forwarding of the affidavit, the chief of police may, without notice and public auction, dispose of the vehicle and execute a certificate of sale as provided by this chapter. [Ord. 606 § 1, 1972; Ord. 535 § 9, 1968.]
3.05.090 Redemption prohibited – Disposition of proceeds of sale – Limitation on claims for storage and towing.
The sale or other disposition under this chapter shall be without redemption. The proceeds of such sale or other disposition shall be first applied upon storage, towing bills, publication fees and other costs of the keeping, sale or other disposition, and the balance shall go to the general fund of the city. No claim for storage and towing shall exceed the proceeds from the sale of any personal property. [Ord. 535 § 10, 1968.]
3.05.100 Release of property from storage.
The owner or operator of any place in which personal property referred to in this chapter has been stored by the police department shall not release a vehicle or property without having first obtained a written release from the police department. [Ord. 535 § 11, 1968.]
3.05.110 Places of storage to file monthly inventories.
The owner or operator of any place in which personal property referred to in this chapter has been stored by the police department shall on the first day of each calendar month render to the police department an inventory of all property being held. The inventory shall include motor numbers, serial numbers, license numbers, make, model and other descriptive information regarding the personal property. [Ord. 535 § 12, 1968.]