Chapter 2.96


2.96.010    Sale authorized

2.96.020    Trash not retained

2.96.030    Notice of sale

2.96.040    Disposition of proceeds

2.96.050    Reimbursement to owner

2.96.060    Unclaimed money

2.96.010 Sale authorized.

Whenever any personal property comes into the possession of the Police Department 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 sixty (60) days from date of written notice to the owner thereof, if known, and in all other cases for a period of sixty (60) days from the time the property came into possession of the Police Department of the City, unless said property has been held as evidence in any court, then, in that event, after sixty (60) days from 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 bidder for cash in the manner hereinafter provided. The Mayor or designee may authorize in writing the disposition of any property with an estimated value of which is less than $250.00 to a specific bona fide charitable organization which is tax exempt pursuant to Internal Revenue Code Sec. 501 (c) (3).

2.96.020 Trash not retained.

Whenever personal belongings come into the possession of or are turned over to the Police Department, such as by a tow truck operator, the Police Department may determine that certain items have insubstantial commercial value or are trash or garbage. Such items need not be handled as provided in Section 2.96.010 and may be immediately disposed of or destroyed.

2.96.030 Notice of sale.

Before said personal property is sold, if the name and address of the owner thereof is known, at least ten (10) days’ notice of such sale shall be given to the owner, either personally or by leaving a written notice at the owner’s residence or place of doing business with some person of suitable age and discretion then resident or employed therein; or if the name or residence of the owner is not known, a notice of such sale fixing the time and place thereof, which shall be at a suitable place, which will be noted in the advertisement for sale, and containing a description of the property to be sold shall be published at least once in the official newspaper of the City at least ten (10) days prior to the date fixed for the sale. The notice shall be signed by the Chief of Police. If the owner fails to reclaim the property prior to the time fixed for the sale in such notice, the chief of police or duly authorized agent shall conduct the sale and sell the property described in the notice at public auction to the highest bidder for cash, and upon payment of the amount of such bid shall deliver the property to such bidder. No City employee may acquire property at a sale if the employee had any role in establishing the price of said property.

2.96.040 Disposition of proceeds.

The moneys arising from sales under the provisions of this chapter shall be first applied to the payment of the costs and expenses of the sale and then to the payment of lawful charges and expenses for the keep of the personal property, and the balance, if any, shall be paid into the City current expense fund.

2.96.050 Reimbursement to owner.

If the owner of the personal property so sold, or his legal representative, shall, at any time within three years after such money has been deposited in the City current expense fund or with the Finance Director/Treasurer, demand, the owner shall be entitled to receive from the City current expense fund the amount so deposited plus interest therein.

2.96.060 Unclaimed money.

When any money brought to the Police Department by the finder thereof remains unclaimed by the true owner for a period of not less than sixty (60) days, such money (less any expenses authorized by law) may be returned to the finder, provided that the Chief of Police is satisfied that the finder did not obtain the money in the first instance by illegal means. (Ord. 478, 1995: Ord. Nos. 3, 6, 14, 39, 48, 49, 54, 85, 102, 107, 125, 133, 136, 137, 141, 142, 144, 149, 159, 164, 172, 198, 217, 234, 257, 258, 264, 273, 276, 284, 321, 351, 366, 369, 393, 403, 407, 409, 427, 441, and 442)