Chapter 9.16
UNCLAIMED PROPERTY IN POLICE CUSTODY
Sections:
9.16.040 Notice of intent to dispose of unclaimed property.
9.16.050 Disposition of unclaimed property.
9.16.010 Title.
This chapter shall be known as “Unclaimed Property in Police Custody.” (Ord. 1-2011 § 1 (Att. 1))
9.16.020 Definitions.
As used in this chapter, unless the context requires otherwise:
A. “Chief of police” means the Fairview chief of police or his or her designated representative.
B. “Unclaimed property” means personal property, including money, that was seized by the Fairview police department as evidence, abandoned property, found property or stolen property, and that has remained in the physical possession of the Fairview police department for a period of more than 60 days following conclusion of all criminal actions related to the seizure of the evidence, abandoned property, found property or stolen property, or conclusion of the investigation if no criminal action is filed. (Ord. 1-2011 § 1 (Att. 1))
9.16.030 Purpose.
The purpose of this chapter is to set forth procedures for the disposition of unclaimed property in police custody. The procedures set forth in this chapter are in addition to any other method for property disposition set forth in the Fairview Municipal Code or other applicable law. (Ord. 1-2011 § 1 (Att. 1))
9.16.040 Notice of intent to dispose of unclaimed property.
Prior to disposing of unclaimed property, the chief of police shall provide notice and an opportunity for a person with an ownership or security interest in the unclaimed property to claim the property, as follows:
A. The chief of police shall prepare an inventory describing the unclaimed property.
B. The chief of police shall publish a notice of intent to dispose of the unclaimed property described in the inventory. The notice shall be posted in three public places in the jurisdiction of the police department, and shall also be published in a newspaper of general circulation in the jurisdiction of the police department. A copy of the notice shall also be sent to any person that the police department has reason to believe has an ownership or security interest in any of the unclaimed property described in the notice. A notice shall be sent by regular mail to the last known address of the person.
C. The notice shall describe the unclaimed property as provided in the inventory, state the address and telephone number of the police department, and include a statement in substantially the following form: “The Fairview Police Department has in its possession the unclaimed property described below. If you have any ownership interest in any of that unclaimed property, you must file a claim with the Fairview Police Department within 30 days from the date of publication of this notice, or you will lose your interest in that property.”
D. Prior to the expiration of the time period stated in a notice issued pursuant to this section, a person may file a claim that presents proof satisfactory to the police department that the person is the lawful owner or security interest holder of any unclaimed property in that notice. When sufficient proof is provided, the police department shall then return the property to that person. The chief of police may require payment of costs incurred by the city prior to returning the property. (Ord. 1-2011 § 1 (Att. 1))
9.16.050 Disposition of unclaimed property.
If unclaimed property is not claimed within 30 days after providing notice pursuant to FMC 9.16.040, the unclaimed property shall be disposed of as follows:
A. Unclaimed or abandoned money shall be placed in the police department equipment replacement fund or otherwise used to pay for equipment funded from the police department equipment replacement fund.
B. Unclaimed property (other than money) shall be sold at auction and proceeds of the sale shall be placed in the police department equipment replacement fund or otherwise used to pay for equipment funded from the police department equipment replacement fund.
C. The chief of police shall have the discretion to convert unclaimed property to government use if the unclaimed property is serviceable and would support the city’s operations. If the property under consideration for government use has a value in excess of $500.00 the chief of police shall obtain prior approval from the Fairview city council. (Ord. 1-2011 § 1 (Att. 1))