City of Glen Cove, NY Abandoned, Lost and Stolen Property

The Property Clerk shall take charge of all property alleged to have been lost or abandoned; alleged to have been stolen or suspected to have been stolen; or suspected of being the proceeds of crime, which has been delivered into the custody of the Police Department; which has been ordered into the custody of the Police Department by any court.

§ 72-3 Recording of abandoned, lost and stolen property.

All property that comes into the custody of the Glen Cove Police Department shall be duly indexed by a reference numbering system that shall be created and implemented by the Property Clerk.

All property that comes into the custody of the Glen Cove Police Department shall be duly recorded by the Property Clerk in a dedicated book, which shall contain:

(1)

The name and address from whom the property was taken;

(2)

A description of the property;

(3)

The time and place of the seizure and the circumstances;

(4)

The name of the police officer or public servant who delivered the property.

§ 72-4 Advertisement.

Every three months the Property Clerk shall publish in the official newspaper of Glen Cove a list of the property held, for the benefit of all persons interested and for the information of the public.

§ 72-5 Sale of property at auction.

All property in the custody of the Property Clerk for longer than six months, over which no ownership has been established by the Glen Cove Police Department, shall then be sold at auction upon 10 days' notice.

Said notice shall be advertised to the public, clearing stating:

(1)

The location of the auction;

(2)

The time of the auction;

(3)

A description of the property to be auctioned;

(4)

If the property is offered for sale on an Internet auction website, the uniform resource locater (URL) of the online auction website shall also be published.

What is deemed as a successful bid is at the discretion of the Chief of Police or his designee. In the event the Chief of Police determines the winning bidder failed to comply with the terms of the sale, he may reject the bid.

§ 72-6 Property unsold at auction.

In the event that the property is not successfully sold at auction, the Property Clerk may:

(1)

Offer the property for sale at a subsequent public auction;

(2)

Offer the property for sale privately;

(3)

Dispose of the property for public purposes in the best interests of the City;

(4)

Dismantle or destroy the property.

§ 72-7 Disposition of funds.

All proceeds derived from the sale of the property at auction shall go to the City Controller, accompanied by a report stating the sales price and any reasonable expenses incurred by the City in the preservation and disposition of the property.

§ 72-8 Notice to known owners or claimants.

Three months before the expiration of the period applicable to the property in question, as specified in Subdivision 7 of § 253 of Article 7-B. Lost and Found Property, if the property has not been delivered to the owner as provided in § 254, the police shall give notice to the owner, if known, and to any person they have reason to believe has an interest in the property, if the address or a former address of such owner or person is known, and to all persons who have made claim to the property, and to the finder and any person who has filed notice asserting the right of the finder as provided in Article 7-B, § 256.[1]

[1]

Editor's Note: See §§ 253, 254 and 256 of the New York State Personal Property Law.

Such notice shall be in writing and shall be served personally or sent by certified mail to the last known address of the person to whom it is sent and shall state, in substance:

(1)

That if within three months after the date of personal service or mailing of the notice the owner does not claim the property, and if at the end of such three months no action is pending to determine rights to such property, written notice of which action was served upon the police having custody of the property, the property will be delivered to the finder or, if he establishes his right, to a person entitled to assert the right of the finder as provided in Article 7-B, § 256; and

(2)

That if at the expiration of three months and 10 days after the date of the personal service or mailing of the notice, the owner has not claimed the property and the finder, or a person entitled to assert the right of the finder as provided in Article 7-B, § 256, has not demanded delivery of it, and no action is pending to determine rights to such property, notice of which was served upon the police having custody of the property, it will be sold at public auction.

§ 72-9 Exceptions.

The provisions of this chapter shall not apply to property within the custody of Nassau County Police Department.