[HISTORY: Adopted by the Village Board of the Village of
Clyman as Title 3, Ch. 4, of the 1998 Village Code of Ordinances.
Amendments noted where applicable.]
A.
SURPLUS VILLAGE PROPERTY
(1)
(a)
(b)
(c)
(2)
Definitions. As used in this chapter, the following terms shall have
the meanings indicated:
That property which is owned by the Village of Clyman and which
has no further usefulness to the Village. An item of property shall
be considered to have no further usefulness when:
The item or its function has been totally replaced by other
Village property and no probable future function exists for it; or
The Village no longer performs the service for which the item
was purchased and no other service can reasonably be provided by the
item; or
The item is no longer able to reliably or economically perform
the work required of it.
Surplus property as defined in this chapter shall not include
land or buildings but shall include fixtures and such salvage as may
be taken from a building without structural damage when such fixtures
and salvage are not part of a demolition contract. Surplus Village
property shall not include property which is obtained by the Village
as a result of abandonment or loss by the property's original
owner. Surplus Village property shall not include items of property
which are traded in for newer items.
B.
Determination of surplus Village property.
(1)
Whenever an item of Village property is determined to be surplus
Village property on the basis that the Village no longer performs
the service for which the item was purchased, the Village Board shall
determine whether or not the item is surplus Village property.
(2)
Whenever the fair market value of the item is more than $5,000, the
Village Board shall determine whether or not the item is surplus Village
property.
C.
Disposition of surplus Village property.
(1)
Whenever the Village Board determines that an item of property is
surplus Village property, it shall dispose of such property as it
determines.
(2)
Whenever the fair market value of an item is more than $500 and the
Village Board has determined, pursuant to the previous subsection,
that the item is surplus Village property, the department head responsible
for the items shall dispose of the property by:
(3)
In the event of a public auction or sale by sealed bid, the item
will be sold in as-is condition to the person submitting the highest
bid; provided, however, that a lower bid submitted by a nonprofit
organization or governmental agency may be accepted by the Village
Board. The department head responsible for the item shall determine
the time in which the successful bidder must remove the item. In the
event the item is not removed within that time, the item shall revert
to the city and the amount of the bid shall be forfeited to the Village.
In the event no bids are received, the item shall be disposed of as
directed by the Village Board.
(4)
No public auction or awarding of bids shall occur under this chapter
unless a description of the item to be sold and an advance notice
of the time and place for such auction or bid submission is first
published as a Class 2 notice in the official Village newspaper.
D.
Determination of fair market values. Whenever this chapter requires
a determination of the fair market value of an item of property, that
determination shall be made by the department head responsible for
the property, whose decision shall be final.
E.
Authority to dispose of property.
(1)
Except for library materials used by the public library for lending
purposes, only the Village Board may dispose of Village property which
is not surplus Village property.
(2)
Whenever this section provides for an auction or other disposition
of any property, the Village Board shall be authorized to hire an
auctioneer or take such other action as is necessary to properly dispose
of the property provided, however, that the fees of such auctioneer
and all such costs, other than those for Village labor and the use
of Village property, do not exceed the payment received by the Village
from the auction or sale of the property.
A.
Village custody of lost or abandoned property.
(1)
Property which appears to be lost or abandoned, discovered by officers
or turned in to law enforcement officers by citizens shall be disposed
of according to this section.
(2)
Lost and abandoned property will be examined by a law enforcement
officer for identifying marks in an attempt to determine the owner.
If identifying marks are present, they shall be used by the law enforcement
officer to attempt to contact the owner to return the property. If
no identifying marks are present, the property shall be taken into
custody by the law enforcement officer.
(3)
No Village employee shall keep for his or her own use property found
in the course of duty, nor take possession of property during off-duty
hours when the discovery was made while on duty.
(4)
Law enforcement officers shall permit citizens to claim lost property
if they can provide sufficient proof that they are rightful owners.
(5)
No Village employee shall receive any lost, stolen, abandoned or
other unclaimed property from a law enforcement officer, unless that
person receives a written receipt signed by a law enforcement officer,
a copy of which shall remain with the Village Clerk-Treasurer.
B.
Disposal procedures.
(1)
Classes of property. All property which has been abandoned, lost
or remained unclaimed for a period of 30 days after the taking of
possession of the same by the Village shall be disposed of as follows,
except that if the property is usable for Village operations, the
property need not be sold at auction, but may become the property
of the Village.
(b)
Intoxicating liquor and fermented malt beverages. Intoxicating
liquor and fermented malt beverages shall be destroyed.
(c)
Firearms, ammunition and explosives. Firearms or ammunition
shall be returned to their rightful owner, destroyed, or transferred
to the State Crime Laboratory, the Division of Law Enforcement Services
of the Department of Justice, the Federal Bureau of Investigation
or the Bureau of Alcohol, Tobacco, Firearms and Explosives of the
United States Department of Justice. Any explosive, flammable, or
other material proving a danger to life or property may be disposed
of immediately upon taking possession thereof. Law enforcement officers
and the Fire Chief, after consulting with the County Sheriff's
Department, are hereby authorized to determine the disposal procedure;
provided, however, that any such procedure will attempt to return
to its rightful owner any such material which appears to have been
stolen.[1]
(d)
Other property with a fair market value of $100 or less. An
item of property with a fair market value of $100 or less shall be
destroyed or sold at public auction. Perishable property which deteriorates
to a fair market value of less than $100 shall be destroyed.
(e)
Other property with a fair market value of over $100. An item
of property with a fair market value of more than $100 shall be sold
at public auction or by sealed bid.
(f)
Illegal property. Property which cannot be legally possessed
shall be destroyed.
(2)
Disposal by auction or sealed bid.
(a)
Whenever any property under this section is sold by public auction
or sale or by sealed bid, such auction or the awarding of bids shall
be preceded by a Class 2 notice describing the property and arranging
the time and place for the auction or bid submission; such notice
shall be published in the official Village newspaper. The property
auctioned or sold by sealed bid shall be sold in as-is condition to
the highest bidder. No sale or auction shall occur until a law enforcement
officer has determined that the property has no value to any probable
investigation or legal proceeding. The department head responsible
for the property shall determine the time in which the successful
bidder shall remove the property. In the event the property is not
removed within that time, the property shall revert to the Village
and the amount of the bid be forfeited to the Village.
(b)
Any Village official selling property under this section shall
maintain for two years an inventory of any property not disposed of
by auction or sale by sealed bid and shall include a record of the
date and method of disposal, any payment received for the property,
and the name and address of the person acquiring the property.
(3)
Lost property. Property which is found by persons and delivered to law
enforcement for the purpose of locating the former owner shall not
be considered abandoned or unclaimed under this section until 30 days
after mailing to the person finding the property a notice that he
may claim ownership of said property. A law enforcement officer shall
determine what portion, if any, of the property or its value shall
be given the finder. This provision shall not apply to any Village
employee finding property in the regular course of his employment.
(4)
Payment to Village treasury. All sums received from the sale of property
under this section shall be paid to the Village treasury.
