Chapter 2.15
POLICE AUCTION OF PERSONAL PROPERTY
Sections:
2.15.010 Personal property taken into custody.
2.15.030 Unclaimed property sold at auction – Procedures – Proceeds.
2.15.050 Disposal of dangerous or perishable property.
2.15.010 Personal property taken into custody.
Whenever any personal property other than motor vehicles is taken into the custody of any department by reason of seizure, abandonment or for any other reason, the personal property shall be turned over to and held by the police department at the expense and risk of the owner or person lawfully entitled to possession thereof. (Ord. 1982-18 § 1, 1982)
2.15.020 Reclamation.
Within 60 days after such property is taken into possession, except when confiscated or held as evidence, the owner or person lawfully entitled to possession may reclaim the same upon application to the police department, submission of satisfactory proof of ownership, or right to possession, and payment of charges and expenses, if any, incurred in the storage, preservation, and custody of the property. (Ord. 1982-18 § 2, 1982)
2.15.030 Unclaimed property sold at auction – Procedures – Proceeds.
(1) At any time after said 60-day period, the chief of police shall sell at public auction any unclaimed property and any property which has been confiscated and not ordered destroyed, except such property held as evidence in any legal or court proceeding. Notice of such sale shall be given either on line on a designated Hubbard city webpage or by publication in a newspaper of general circulation in the city at least 10 days before the commencement of the sale or prior to the time when the property is offered for sale on the webpage.
(2) All sales of such property 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.
(3) If no bids are entered for the property or if the highest bid entered is less than the costs incurred by the city, the chief of police 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 of no use or value to the city, shall be disposed of in such manner as the city council directs.
(4) 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.
(5) Said sales shall be without the right of redemption. (Ord. 317-2011; Ord. 1982-18 § 3, 1982)
2.15.040 Certificate of sale.
At the time of the payment of the purchase price the chief of police 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 administrator or designee, 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 other than the return of the purchase price in case the title is for any reason invalid. The certificate of sale shall be in substantially the following form:
CERTIFICATE OF SALE
This is to certify that under the provisions of ordinance no. ____ and pursuant to due notice of time and place of sale, I did on the ____ day of ____________, _____ (year), sell at public auction to ____________________ for the sum of $_______ cash, he being the highest and best bidder, and that being the highest and best sum bid therefor, purchased the following-described property, to wit:
(brief description of the 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 ________, ____ (year).
_____________________
Note: The City of Hubbard assumes no responsibility as to condition of title of the above described property. In case this sale shall for any reason be invalid, the liability of the city is limited to return of the purchase price.
(Ord. 1982-18 § 4, 1982)
2.15.050 Disposal of dangerous or perishable property.
Any property coming into the possession of the chief of police which he determines to be dangerous or perishable may be disposed of immediately, without notice, in such manner as he determines to be in the public interest. (Ord. 1982-18 § 5, 1982)
2.15.060 Applicability.
This chapter shall apply to all personal property, except motor vehicles, now or hereafter in custody of the city. (Ord. 1982-18 § 6, 1982)
2.15.070 Sale of surplus city personal property.
Repealed by Ord. 365-2020. (Ord. 1982-18 § 7, 1982)