City of Roseville, MI
Macomb County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Roseville as indicated in article histories. Amendments noted where applicable.]
CHARTER REFERENCES
Sale of property for unpaid taxes — See Ch. 9, Sec. 9.22.
GENERAL REFERENCES
Junk dealers — See Ch. 179.
Fees — See Ch. 133.
Pawnbrokers — See Ch. 216.
Secondhand goods dealers — See Ch. 250.
Abandoned vehicles — See Ch. 336.
[Adopted 2-28-1984 by Ord. No. 895 as Art. I of Ch. 224 of the 1984 Code]

§ 224-1 Custody and disposal by Police Department.

The Police Department shall be charged with the custody of such personal property, including unclaimed or confiscated personal property, goods or money, as may come into its possession and shall dispose of such items, except motor vehicles, as provided in this article.

§ 224-2 Property list.

The Police Department shall make a detailed list of all personal property, including goods and money, delivered to its possession. Said list shall include the name of the finder, date taken into possession by the Police Department, whether it was originally recovered, the date of original recovery and the final disposition thereof.

§ 224-3 Time limit for holding of property by Police Department.

[Amended 8-27-1996 by Ord. No. 1084]
Such personal property, including goods and money, shall be held by the Police Department for a period of three months, during which time every reasonable effort shall be made to locate the owner thereof.

§ 224-4 Publication of notice of list of articles held.

[Amended 8-27-1996 by Ord. No. 1084]
The Chief of Police shall, from time to time, publish a notice setting forth that the Police Department maintains a detailed list of lost and found articles and/or confiscated articles of personal property and that if such personal property coming into its possession is unclaimed for a period of three months, such property will be returned to the finder or sold at public auction, according to this article. Said notice shall be published by posting the notice in at least three public places within the city and by publishing the notice by and through the community information cable television channel for the city.

§ 224-5 Turning over of goods to owner or finder.

A. 
While the Police Department has custody of the personal property, goods or money, and upon reasonable proof of ownership, such personal property, goods or money shall be turned over to the claimant.
B. 
In the event that the personal property, goods or money is not claimed by the owner during said three-month period, then said property shall be turned over to the finder thereof, upon payment of the publication fees incurred by the City Clerk.
[Amended 8-27-1996 by Ord. No. 1084]

§ 224-6 Auction.

A. 
If the owner of said personal property, goods or money has not made a claim and said property, goods or money was found by a city police officer, fire fighter or other city employee during the course of employment with the City of Roseville or if the finder fails to appear 30 days after notice that said personal property, goods or money is unclaimed, then, in the case of personal property and goods, the items shall be sold at public auction. Unclaimed money shall be delivered to the City Treasurer and deposited in the general fund.
[Amended 3-22-1983 by Ord. No. 883]
B. 
All articles of personal property, goods and money, which have been confiscated by the Police Department in a legal manner, shall be sold at public auction or, in the case of money, delivered to the City Treasurer to be deposited into the general fund.
C. 
The time and place for holding such auction shall be determined by the Chief of Police, and notice thereof, together with the articles to be disposed of at such public auction, shall be given by publication in a newspaper of general circulation in the city at least once seven days prior to the date of the holding of such public auction. The articles shall be sold to the highest bidder, and the proceeds of such sale shall be accounted for and delivered to the Treasurer of the city, to be deposited into the general fund of the city. The Chief of Police or designee shall conduct such auction and shall make a true, complete and accurate report of the conduct of such auction, which shall be entered in the Police Department daily log book. Any property remaining after said sale may be disposed of as directed by the City Council.

§ 224-7 Filing of claims by owner after notice and sale.

A. 
After notice and sale of the items sold at auction as provided herein, the owner may file a claim and, upon proving ownership of said property, shall be reimbursed by the City Treasurer the amount realized from the sale less costs, provided that such a claim must be filed with the Police Department not later than six months after said sale. The period and provisions for claiming ownership hereunder shall apply to any money retained by the city, but not to personal property, goods or money turned over to finders as provided in § 224-5B.
B. 
The purchaser of any property sold at auction pursuant hereto shall own the same free of any claims by the previous owner, who shall be limited to filing a claim under Subsection A.
C. 
Except as provided in this article, no claim shall be valid to obtain any money, nor other property recovered, after notice and sale as provided in this section, said property and money being considered as abandoned and belonging to the city.

§ 224-8 Sale of goods which cannot be preserved; disposition of proceeds.

Any lost, abandoned or confiscated property or goods which cannot be properly preserved shall be sold as soon as possible, and the proceeds less any costs of sale shall be accounted for and dispersed according to the terms of this article.
[Adopted 2-28-1984 by Ord. No. 895 as Art. II of Ch. 224 of the 1984 Code]

§ 224-9 Receipt or possession.

A person who buys, receives, possesses, conceals or aids in the concealment of stolen, embezzled or converted money, goods or property, knowing the money, goods or property to be stolen, embezzled or converted, if the property purchased, received, possessed or concealed is of a value of $100 or less, is guilty of a misdemeanor.

§ 224-10 Failure to make reasonable inquiry presumption of knowledge.

A person who is a dealer in or collector of merchandise or personal property or the agent, employee or representative of a dealer or collector, who fails to make reasonable inquiry that the person selling or delivering the stolen, embezzled or converted property to the dealer or collector has a legal right to do so, or buys or receives stolen, embezzled or converted property which has a registration, serial or other identifying number altered or obliterated on an external surface of the property, shall be presumed to have bought or received the stolen property knowing the property to be stolen, embezzled or converted. This presumption may be rebutted by proof.

§ 224-11 Violations and penalties. [1]

Any person or entity violating the provisions of this article shall be punished as provided in Chapter 1, General Provisions, Article I.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).