Chapter 3.32
ABANDONED PROPERTY
Sections:
3.32.010 Impoundment of personal property.
3.32.020 Sale permitted--Disposition of proceeds.
3.32.030 Notice of sale--Required.
3.32.040 Notice of sale--Contents.
3.32.050 Method of conducting sale.
3.32.070 Sales to be final--Borough responsibility.
3.32.010 Impoundment of personal property.
A. Abandoned vehicles found inside the borough shall be impounded and disposed of pursuant to Alaska Statutes 28.11.010 through 28.11.110, inclusive.
B. Any personal property, except motor vehicles, abandoned by its owner inside the borough and subsequently unclaimed by the owner or his agent, shall be impounded by the duly authorized agent of the borough and disposed of as provided by this chapter. Such abandoned property shall be held for a period of not less than six months for recovery by its owner upon payment to the borough of storage and service charges incurred by the borough. (Ord. 95-4 (part), 1995).
3.32.020 Sale permitted--Disposition of proceeds.
If property impounded in accordance with the provisions of this chapter or in accordance with any other chapter of this code authorizing impoundment remains unclaimed by the owner or an authorized agent thereof for a period of six months, such property may (upon notice as provided in this chapter) be sold as provided in this chapter by the borough manager or his representative and the proceeds of such sale shall be first applied to costs of impoundment, storage and sale and the balance to the general fund of the borough. (Ord. 95-4 (part), 1995).
3.32.030 Notice of sale--Required.
Notice of sale of impounded property shall be given all persons known to claim an interest in such property by the borough manager no less than fifteen days preceding such sale. The borough manager shall exercise reasonable diligence in providing actual notice in writing to known owners by certified mail or personal delivery. Notice by certified mail shall be deemed effective from the date of the posting by the borough manager. In any case, notice shall be deemed sufficient upon publication of notice of sale three times during three consecutive calendar weeks, one in each week in a newspaper of general circulation in the borough. (Ord. 954 (part), 1995).
3.32.040 Notice of sale--Contents.
All notices required to be delivered or published by the borough manager shall accurately describe the property offered, state the date and place impounded, the amount owing for impoundment of other costs, the date and place of sale, and the name of the owner, if known; provided, however, property determined by the borough manager to have a cash value not exceeding twenty-five dollars may be described generally and according to general classification only. (Ord. 95-4 (part), 1995).
3.32.050 Method of conducting sale.
Sale of impounded property shall be either at public auction or by sealed bid, at the discretion of the borough manager. All sales shall be final and for cash. In the event the borough manager elects to offer property on sealed bid, the sale shall be governed by the provisions of Chapter 3.20 of this code appertaining to the sale of borough property of a value exceeding five hundred dollars. (Ord. 95-4 (part), 1995).
3.32.060 Certificate of sale.
The borough manager shall deliver to the purchaser of any impounded property sold under this chapter or any other provision in this code, a certificate of sale which shall be in substantially the following form:
CERTIFICATE OF SALE OF IMPOUNDED PROPERTY
For value received, the Bristol Bay Borough pursuant to the provisions of Chapter 32, Article 3, of the Bristol Bay Borough Code, which provisions are, by this reference incorporated herein, sell, sets over, transfers and assigns to (Purchaser) without warranty, all its interest, if any it may have, in the following described personal property:
(here insert description as published in notice.)
Dated
Borough Manager
Attest: ______________________
Borough Clerk
(Ord. 95-4 (part), 1995).
3.32.070 Sales to be final--Borough responsibility.
All sales under this chapter shall be final. The borough, its agents and employees shall not, in any way, be deemed to make any representation to any person respecting the total value, use or merchantability of any property in the conduct of any sale hereunder or otherwise and purchasers of impounded property shall take such property without recourse against the borough, its agents and employees. (Ord. 95-4 (part), 1995).