Chapter 2.92
Disposal of Unclaimed Personal Property
Sections:
2.92.020 Notice of intended sale.
2.92.030 Other than police department.
2.92.050 Reclaiming time limit.
2.92.010 Holding period.
When personal property comes into possession of the police department of the city of Montesano in connection with the performance of their duties and that personal property has remained unclaimed or not been lawfully taken away within the time periods stated below, then the city may, at any time thereafter, sell said personal property at public auction to the highest and best bidder with cash pursuant to the procedures established by Section 2.92.020.
A sixty-day period shall be established as follows:
(1) If the owner or reputed owner of said property is not known, then sixty days from the date of written notice being given to that owner at the last known address;
(2) In all cases except when the property is being held as evidence for a court proceeding, the sixty days from the date that the property came into the possession of the police department;
(3) In the event the property is being held as evidence in any court proceeding, then sixty days from the date when the case has been finally disposed of and the property released as evidence by order of the court having jurisdiction. (Ord. 1130 §1, 1980).
2.92.020 Notice of intended sale.
(a) After the passage of the applicable sixty-day period and prior to the sale of the property, notice of the intended sale containing a reasonable description of the property, the time, place and dates of the sale shall be given in the following manner:
(1) As to any item of personal property for which the police department has the name and address of the owner or reputed owner, then written notice of sale to said owner at least ten days in advance of the date of sale, the notice to be given either personally or by leaving said notice at the individual's residence or place of business with a person of suitable age who resides at that address or is employed therein.
(2) If the name or residence of the owner is not known, then a notice containing the information stated above shall be published at least once in the official newspaper of the city at least ten days prior to the date picked for the sale.
(b) The notice of sale shall be signed by the chief of the police department.
(c) If, prior to the time fixed for the sale, the owner of the property fails to reclaim it and provide evidence of ownership satisfactory to the chief, then the chief or his designee shall conduct the 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 bid, deliver the property to the bidder. (Ord. 1130 52, 1980).
2.92.030 Other than police department.
In the event that any unclaimed personal property or moneys come into the possession of the city of Montesano or any department or agency thereof other than the police department and has not been claimed for a period of sixty days from the date that the property first came into the possession of the city or from the date the moneys first became payable or returnable, those moneys or property shall be subject to disposal in the following manner:
(1) Notice shall be published at least once a week for two successive weeks in a newspaper of general circulation within the county of Grays Harbor.
(2) The notice required by subsection (1) of this section shall contain the following information:
(A) The name, if known, and the last known address, if known, of any person appearing from the records of the city to be the owner of the unclaimed money or personal property;
(B) A brief statement concerning the amount of the money or description of the property;
(C) The name and address of the city, the department or agency which possesses the money or personal property; and
(D) A place at which it may be claimed upon presentation of appropriate evidence of ownership.
(3) If the property or moneys are not claimed within ten days of the last date of the publication of the notice as provided for herein, then the city shall cause any such personal property, which remains unclaimed, to be sold at public auction pursuant to notice published in a newspaper of general circulation within the city. The notice shall contain the information required for the notice published pursuant to Section 2.92.020. (Ord. 1130 §3, 1980).
2.92.040 Use of proceeds.
Any proceeds arising from the sale of the properties or any moneys retained by the city whether pursuant to Section 2.92.020 or Section 2.92.030, after deduction of the payment of costs and expenses of the sale and the payment of any lawful charges and expenses for maintaining the property prior to the sale, shall be paid into the city's current expense fund. (Ord. 1130 §4, 1980).
2.92.050 Reclaiming time limit.
In the event that the owner of any personal property sold pursuant to Section 2.92.020 or his or her legal representative shall at any time within three years after the moneys has been deposited in the appropriate fund furnish to the clerk-controller satisfactory evidence of the ownership of the personal property, then that owner shall be entitled to receive from the city's current expense fund the amount deposited into the fund as a result of the sale of the particular property together with interest at the appropriate rate. (Ord. 1130 §5, 1980).
2.92.060 Unsold property.
In the event that after being offered at sale pursuant to either Section 2.92.020 or 2.92.030 the property remains unsold or undisposed of, then that property shall be disposed of, then that property shall be disposed of in advance by the city council. (Ord. 1130 §6, 1980).