[HISTORY: Adopted by the Town Council of
the Town of Milton 3-5-1984 (Ch. 2, Art. 7, of the prior Code). Amendments noted where
applicable.]
A.
Whenever any personal property of any kind, except
money, comes into the custody of the Police Department and the person
entitled to possession of such property cannot be located and fails
to claim the property for a period of one year, the Chief of the Police
may dispose of the property at public sale at some place which shall
be convenient and accessible to the public.
B.
The time, place and terms of the sale, together with
the description of the personal property, shall be inserted in a newspaper
of general circulation within the corporate limits of the Town, which
shall be of general circulation in the state at least once each week
for two successive weeks prior to the sale. The Chief of Police shall,
in his discretion, fix the terms of the sale and may employ an auctioneer
to make sale.
C.
If the personal property be of the kind for which
a certificate of title or registration shall or should have been issued
by any commissioner, commission or department, whether state or federal,
the Chief of Police shall cause notice by registered mail to be sent
at least 10 days prior to the sale to the owner and lien holder, if
any, shown by the records of such commissioner, commission or department,
or to the person entitled to the possession thereof, if his address
be known or if it can be ascertained by the exercise of reasonable
diligence. If the address cannot be so ascertained, then the notice
shall not be required to be given.
After deducting from the proceeds of the sale
the expense of making the sale, the amount of any storage and any
other repair or towing charges incurred during the period in which
the property was in custody, and after the payment of all liens to
which the property was subject in the order of their priority, the
remaining balance, if any, shall be delivered to the Town Clerk to
be disposed of as directed by the Council. All lost, abandoned, or
stolen money shall also be paid to the Town Clerk to be disposed of
as directed by the Council, if the money is unclaimed.
A.
If the owner or the person entitled to any money or
personal property sold at public auction in the custody of the Police
Department or the Town Clerk shall present to the Town Clerk a claim,
duly sworn to, for such money at any time within three years from
the date when it came into possession of the Police Department or,
at any time within three years from the date of such sale, a similar
claim for the balance remaining from the proceeds of such sale, the
Town Clerk shall cause to be paid from the general fund of the Town
the amount of such money or of such balance, without interest, to
such claim as may be legally entitled thereto.
B.
If no claim for such sale or such money is made within
three years from the date of such sale or from the date such money
came in the custody of the Police Department, the balance of such
money shall become the property of the Town.
C.
All actions for replevin or the return of any such
personal property or money in the custody of the Police Department
or of the Town Clerk and all other suits or actions of similar nature
arising by reason of their custody of the personal property or money
shall be brought within three years from the date which said property
came into the custody of the Police Department or be forever barred.
D.
Nothing contained in this chapter shall be construed
as implying that, in the absence thereof, the Police Department or
the Town Clerk would be subject to suit or action of any kind whatsoever.
Nothing contained in this section shall be construed to waive the
immunity from suit or action to which the Chief of Police, the Police
Department, the Town Clerk or the Town itself or any agent thereof
would be entitled.
The certificate of the Chief of Police that
he has sold any personal property to a purchaser, as provided in this
chapter, shall constitute sufficient evidence of title to any property
so sold in order to enable any such purchaser to obtain a certificate
of title and registration from the appropriate commissioner, commission
or department, which shall recognize the certificate of the Chief
of Police as sufficient authority for the issuance of a certificate
of title registration.
