Chapter 3.05
Personal Property Disposition
Sections:
3.05.020 Release of property and notice to interested persons.
3.05.040 Certificate of title.
3.05.050 Dangerous or perishable property.
3.05.060 Disposition of property with sale value of less than $25.00.
3.05.010 Investigation.
Whenever any City officer or employee finds personal property other than a motor vehicle, or comes into possession of the same, the City shall make diligent inquiry to attempt to determine the name and address of the owner, conditional vendor, mortgagee or any other person interested therein. [Ord. 529 § 1, 1981; 1981 Compilation § 1-9.1.]
3.05.020 Release of property and notice to interested persons.
When under all the circumstances, including but not limited to the nature and value of the property and the manner in which it came into the City’s possession, the City Administrator is satisfied that a person entitled to possession claims the property, the property may be released forthwith to that person upon payment of any of the applicable costs as set forth in BMC 3.05.030(B). If a person interested in the property is identified but has not appeared to claim the property, the City Administrator shall notify that person by certified letter that the personal property is held by the City, the date the property came into possession of the department, and that the property will be sold at public auction at the City Hall grounds, the place of storage, or any other designated location within the City to the highest bidder for cash not less than 10 days from the mailing of the certified notice. [Ord. 529 § 2, 1981; 1981 Compilation § 1-9.2.]
3.05.030 Sale procedure.
A. At any time more than 10 days from the mailing of notice to interested persons, or, if no person interested in the property has been identified more than 60 days after the property has come into the possession of the City, the City Administrator shall sell at public auction any unclaimed property valued at $25.00 or more. Notice of such sale shall be given once by publication in a newspaper of general circulation in the City at least 10 days before the date of sale, giving the time and place of sale and generally describing the property to be sold.
B. All sales shall be for cash to the highest and best bidder; provided, however, that any person appearing at or prior to such sale and proving ownership or right of possession thereto shall be entitled to reclaim the property upon the payment of the charges and expenses incurred by the City in the storage, preservation and custody of the property and a proportionate share of the costs of advertising the same for sale.
C. If no bids are entered for the property or if the highest bid entered is less than the costs incurred by the City, the City Administrator may enter a bid on behalf of the City in an amount equal to such costs. If bid on by the City, the property shall become the property of the City as compensation for the costs incurred or, if no use or value to the City, shall be disposed of in such manner as the City Administrator directs.
D. The proceeds of a sale shall be first applied to payment of the cost of the sale and the expense incurred in the preservation, storage and custody of the property; and the balance, if any, shall be credited to the general fund of the City.
E. All sales shall be without the right of redemption. [Ord. 529 § 3, 1981; 1981 Compilation § 1-9.3.]
3.05.040 Certificate of title.
At the time of the payment of the purchase price, the City Administrator shall execute a certificate of sale in duplicate, the original to be delivered to the purchaser and a copy to be kept on file in the Office of the City Recorder, which certificate shall contain the date of sale, the consideration paid, a brief description of the property, and a stipulation that the City does not warrant the condition or title of such property. The certificate of sale shall be in substantially the following form:
CERTIFICATE OF SALE
This is to certify that under the provisions of Chapter 3.05 BMC and pursuant to due notice of time and place of sale, I did on the ____ day of ___________, 20___, sell at public auction to ___________ for the sum of $________ cash, he or she being the highest and best bidder, and that being the highest and best sum bid therefor, the following described personal property, to wit:
(brief description of property)
and in consideration of the payment of the said sum of $______, receipt whereof is hereby acknowledged, I have this day delivered to said purchaser the foregoing property. Dated this ____ day of _______, 20___.
__________________________
City Administrator
NOTE: The City of Brownsville assumes no responsibility as to condition of title of the above-described property.
[Ord. 529 § 4, 1981; 1981 Compilation § 1-9.4.]
3.05.050 Dangerous or perishable property.
Any property coming into the possession of the City Administrator which is determined to be dangerous, perishable or of nonexistent sale value may be disposed of immediately, without notice, in such manner as determined to be in the public interest. [Ord. 529 § 5, 1981; 1981 Compilation § 1-9.5.]
3.05.060 Disposition of property with sale value of less than $25.00.
If personal property is appraised to have a sale value of less than $25.00, it may be junked or dismantled rather than sold at auction in accordance with the procedures set forth in BMC 3.05.020 and 3.05.030; provided, that the notices required by BMC 3.05.020 and 3.05.030 shall specify that the City intends to junk or dismantle the unclaimed property rather than to sell it at auction. [Ord. 529 § 6, 1981; 1981 Compilation § 1-9.6.]
3.05.070 Scope.
This chapter shall apply to all personal property, except motor vehicles, now or hereafter in custody of the City. [Ord. 529 § 7, 1981; 1981 Compilation § 1-9.7.]