Chapter 2.112 UNCLAIMED, SEIZED AND SURPLUS PROPERTY

Chapter 2.112
UNCLAIMED, SEIZED AND SURPLUS PROPERTY

Sections:

2.112.010 Property in possession of police department.

2.112.040 Lost property claimed by the finder.

2.112.010 Property in possession of police department.

A. Sale Authorized. Whenever any personal property comes into the possession of the city in connection with the official performance of the duties of the police department, and such personal property remains unclaimed or not taken away for a period of sixty days from the date of written notice to the owner thereof, if known, and in all other cases for a period of sixty days from the time the property came into the possession of the city, unless the property has been held as evidence in any court, then, in that event, after sixty days from the date when the case has been finally disposed of, and such property released as evidence by order of the court, the city may at any time thereafter sell the personal property at public auction to the highest and best bidder for cash in the manner provided for in this chapter.

B. Notice of Sale—Public Auction. Before such personal property is sold, if the name and address of the owner thereof is known, at least ten days’ notice of such sale shall be given to him, either personally or by leaving a written notice at his residence or place of business, or with some person of suitable age and discretion then resident or employed therein, or if the name and residence of the owner is not known, a notice of such sale, fixing the time and place thereof, shall be given in the advertisement for sale, and containing a description of the property to be sold, signed by the chief of police for the city, shall be published at least ten days prior to the date fixed for the sale. If the owner fails to redeem or reclaim the property prior to the time fixed for the sale in such notice, the chief of police or his designee shall conduct said sale, and sell the property described in the notice at public auction to the highest and best bidder for cash, and upon payment of the amount of such bid, shall deliver the property to such bidder, and make, execute and deliver to him a bill of sale of such property.

C. Redemption of Property. If the owner desires to redeem or reclaim the property he must do so prior to sale, and pay all costs then accrued relative to the property.

D. Proceeds From Sale. The proceeds from the sale of property as provided in this chapter shall first be applied to the costs of keeping and storing the property, and sale of the same, and the balance shall be paid to the clerk-treasurer, and be deposited in the current expense fund. (Ord. 2985 § 1, 1985)

2.112.020 Property in city possession.

A. Waiting Period—Notice. Whenever any unclaimed personal property or moneys in the possession of the city, or any department of the city other than the police department, have not been claimed for a period of sixty days or more from the date the property first came into such possession or from the date the moneys first became payable or returnable, the city manager shall cause a notice to be published at least once a week for two successive weeks in a newspaper of general circulation in the county. The notice shall set forth the name, if known, and the last known address if any, of each person appearing from the records of the city to be the owner of any such unclaimed money or personal property; a brief statement concerning the amount of money or a description of the personal property; and the name and address of the city or department thereof possessing the money or personal property and the place where it may be claimed.

B. Unclaimed Property—Public Auction—Notice. If the owner of, or other person having a claim to, any such personal property or money does not claim the property or money within ten days after the last date the notice was published, the city manager shall cause any such personal property to be sold at public auction pursuant to a public notice published in a newspaper of general circulation within the city, at least ten days prior to the date of such public auction. The notice shall state the day, time and place of sale and contain a description of the personal property to be sold.

C. Proceeds of Sale. The proceeds from the sale of any such personal property, less the expenses for keeping and storing such personal property, and the expenses of advertising and selling the same, together with any unclaimed moneys, less the expenses of advertising, shall be paid to the fund of the department possessing such unclaimed personal property or moneys, or to the current expense fund of the city, if such personal property or moneys are not in the possession of any department of the city or if there is no fund for the department in possession of such personal property or moneys.

D. Reclamation by Owner. If the owner of the personal property or moneys in the possession of the city or any department thereof desires to reclaim the personal property or moneys, he must do so prior to the sale provided in this chapter, and pay all costs then accrued relative to the advertising and sale of such personal property or moneys. (Ord. 2985 § 2, 1985)

2.112.030 Responsible official.

The police department property officer shall be responsible for caring for, keeping records of, and disposing of all property covered by this chapter. The specific responsibilities of the property officer shall be as follows:

A. The property officer will obtain a signed release from the court for all unclaimed and seized property.

B. The property officer will be responsible for providing proper notice.

C. The property officer will furnish the media with the auction date, time, location and items to be auctioned.

D. The notice will appear once weekly for two weeks prior to the auction. (Ord. 2985 § 3, 1985)

2.112.040 Lost property claimed by the finder.

In the event a finder of personal property not the finder’s own claims the found property, the police department shall adhere to the procedures set forth in Chapter 63.21 RCW, “Lost and Found Property,” adopted here by reference, as now enacted or hereinafter amended, to process the claim and dispose of the property. (Ord. 3942 § 2, 2020; Ord. 2985 § 4, 1985)