[Adopted 9-12-1984 as Ch. 9, Art. XV, of the 1984 Frederick
County Code]
[1]
Editor's Note: For statutory provisions relating to this topic, see Code of Virginia, § 55-210.1 et seq. Original Art. XIV, entitled "Fees for Passing Bad Checks to the County of Frederick, Virginia," which immediately preceded this article, was repealed 12-9-1992. For current provisions on this topic, see Ch. 65, Checks, Fraudulent.
The following words and terms shall have meanings
respectively ascribed to them by this section:
A reasonable attempt by the Sheriff or his duly authorized
agent to notify the rightful owner of unclaimed personal property
that the Sheriff's Department is in possession of such property and
that the same may be reclaimed by such owner.
A notice, published once a week for two successive weeks
in a newspaper of general circulation in this locality, that there
will be a public sale of unclaimed personal property, pursuant to
this article, generally describing such property and stating the date,
time and place of such sale.
A.
Any personal property belonging to another which has
been acquired by a law enforcement officer pursuant to his duties,
which is not needed in any criminal prosecution, which has not been
claimed by its rightful owner for a period in excess of 60 days and
which the State Treasurer has indicated will be declined if remitted
under the Uniform Disposition of Unclaimed Property Act (Code of Virginia,
§ 55-210.1 et seq.).
B.
Any and all unclaimed personal property may be sold
by the Sheriff or his duly authorized agent at public sale, provided
that such officer has given notice to the owner and notice of sale
and has obtained a statement, in writing, from the Commonwealth's
Attorney that such unclaimed personal property is not needed in any
criminal prosecution. Public sale shall be held on the date and time
and at the place as set forth in such notice of sale.
C.
From the proceeds of such sale, the officer conducting
the same shall pay the costs of advertisement, removal, storage, investigation
as to ownership and liens and notice of sale and shall hold the balance
of such funds for the owner and pay the same to such owner, upon satisfactory
proof of ownership, when it is claimed by such owner within 60 days
from the date of sale. If no claim has been made by the owner for
the proceeds of such sale within 60 days from the date of sale, the
remaining funds shall be deposited in the general fund for the County.
D.
Any such owner shall be entitled to apply to the County
within three years from the date of the sale, and if timely application
is made therefor, the County shall pay the remaining proceeds of the
sale to the owner without interest or other charges. No claim shall
be made nor any suit, action or proceeding be instituted for the recovery
of such funds after three years from the date of the sale.
