3-10
LOST AND ABANDONED PROPERTY.1

3-10.1 Inapplicable to Abandoned Vehicles.

The provisions of this section shall not apply to abandoned, wrecked, dismantled or inoperative vehicles, which vehicles are subject to the provisions of Chapter 7. (Code 1972 §22-52)

3-10.2 City Police Officers and Employees to Report and Turn Over Found Property.

It is the duty of each police officer of the City recovering lost, abandoned or stolen property of any kind, nature or description, including money, and it is the duty of each employee an officer of the City who shall find any lost, abandoned, or stolen property of any kind, nature or description, including money, while engaged in the performance of his duties or in or upon any public grounds, highways, roads, public buildings and places or property of the City, to deliver the property to the officer or person in charge of the place where the property is found, or to the head of the department in which the officer or employee is employed, together with a statement in writing, if required by the Chief of Police as authorized by this section, stating fully the circumstances of the finding, including the time and the place of the finding and the name and the address of the person believed to be the owner, if known. (Code 1972 §22-53)

3-10.3 Delivery of Property to the Chief of Police.

The person to whom property is delivered, as required by this section, shall deliver or cause the money or property to be delivered into the custody of the Chief of Police. The Chief of Police may require a statement in writing from the person finding the property, as provided in this section. (Code 1972 §22-54)

3-10.4 Protection Of Property; Return To Owner:

The chief of police shall care for and give protection to all property coming into his possession pursuant to this section and he shall restore the property to its true owner upon proof of ownership satisfactory to him and upon the payment of all necessary costs incurred in the care and protection of the property. (Code 1972 §22-55)

3-10.5 Sale Of Unclaimed Property:

a. Authority To Sell: Should any property remain unclaimed by its true owner for a period of six (6) months from the date of the finding or recovery of the property, the chief of police is authorized to cause the property to be sold at public auction to the highest and best bidder.

b. Notice Of Sale: Notice of the sale of unclaimed property pursuant to this section shall be given by the chief of police at least ten (10) days before the time fixed for the sale by publication at least twice in the legal newspaper in the city at the time authorized to publish official printing for the city. The notice shall contain a statement of the time and place fixed for the sale, together with a schedule of the property to be offered for sale.

c. Report Of Sale; Disposition Of Proceeds: Immediately upon the completion of any sale held pursuant to this section, the chief of police shall report to the city manager, the city clerk and the city treasurer the necessary expense of any such sale actually incurred and a statement of the proceeds of the sale, and shall forthwith pay the balance of the proceeds to the city clerk for deposit in the general fund. (Code 1972 §§22-56, 22-57, 22-58)

3-10.6 Disposition Of Unsold Property:

If there be no bids for any property offered for sale at auction, pursuant to this section, the property shall again be offered for sale, together with other unclaimed property, at the next auction sale. If the property is not sold at the next auction sale, it shall be turned over to the city manager who shall make disposition of it. The city manager shall have the power to give it away in the public interest as he shall deem fit. (Code 1972 §22-59)


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Cross references: Protection and disposition of personal property found on premises where repairs or demolition occurs, §11-4.3; abandoned, wrecked, dismantled and inoperative vehicles, §7-23.1 et seq.