Chapter 2.36
UNCLAIMED PROPERTY
Sections:
2.36.020 Ownership investigation--Notice to owner.
2.36.050 Sale--Procedure generally.
2.36.060 Sale--Certificate--Deliveries.
2.36.070 Sale--Proceeds disposition.
2.36.010 Storage.
Whenever tangible personal property has in any manner come into the custody of the police department without an owner or person entitled to possession thereof claiming it, the police department shall either place such personal property upon premises of the city as may from time to time be designated by the city manager, or store such personal property at the owner’s expense at such place as may be designated by the city manager pending investigation of the ownership and right to possession thereof. (Ord. 1969 §1(part), 2013; Ord. 1196 §1, 1975).
2.36.020 Ownership investigation--Notice to owner.
Upon taking possession of any tangible personal property, the police department shall cause to be made a diligent inquiry as to the name and address of the owner or other person interested therein or entitled to possession of such personal property. If the owner or other person interested therein or entitled to possession is found and identified, the chief of police shall cause notice to be given to such person by certified mail at the last-known address of such person that the property is held by the police department of the city and will be delivered to the person entitled thereto upon payment of the costs and expense of taking and storing the same and such costs as are incidental to the notification of such person; and further, that in the event such property is not claimed and such costs paid within thirty days of the date of mailing such notice, that such property will be sold on a date thereafter to be fixed by the chief of police to the highest and best bidder for cash. (Ord. 1196 §2, 1975).
2.36.030 Ownership claims.
If the owner or any interested person entitled to possession of personal property held by the police department applies to the chief of police at any time before sale thereof for the return of such property and submits to the chief of police evidence satisfactory to him of his interest therein, and tenders with such application the costs of removing, storing and making sale of such personal property, the chief of police, upon being satisfied that such claim is rightful, shall surrender the same to such claimant. (Ord. 1196 §3, 1975).
2.36.040 Sale--Notice.
The chief of police shall set a date for a public sale of unclaimed property held under the provisions of this chapter and shall cause notice thereof describing such personal property and the time and place for such sale to be published not less than once a week for two successive weeks prior to the date of sale. (Ord. 1196 §4, 1975).
2.36.050 Sale--Procedure generally.
In the event such property is not reclaimed before the time set for sale of unclaimed personal property, the chief of police shall, at a time and place fixed for the sale thereof, and within view of the property to be sold, offer the same for sale to the highest and best bidder therefor, for cash. In the event of default of bids from others for a greater sum, the chief of police shall bid the same for the city in the amount of its costs incurred in removing, storing and selling such personal property. (Ord. 1196 §5, 1975).
2.36.060 Sale--Certificate--Deliveries.
Upon any such sale being consummated, the chief of police shall make, execute and deliver upon behalf of and in name of the city a certificate of sale signed by him as chief of police of the city conveying the property to the purchaser without warranty or title or responsibility for condition thereof and shall deliver possession thereof to the purchaser. (Ord. 1196 §6, 1975).
2.36.070 Sale--Proceeds disposition.
Any sale and conveyance provided for in this chapter shall be without right of redemption. Proceeds of any such sale shall go to the general fund of the city, and the city shall assume no responsibility as to condition of title of the property sold, and in the event that for any reason such sale is held invalid, the liability of the city is limited to the return of the purchase price upon application and approval by the city council. (Ord. 1196 §7, 1975).