[HISTORY: Adopted by the City Council of the City of Glen
Cove 9-21-2015. Amendments noted
where applicable.]
This chapter shall be known as "The Abandoned, Lost and Stolen
Property Ordinance of the City of Glen Cove."
A.
The Chief of Police of the City of Glen Cove shall appoint a Property
Clerk.
B.
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.
A.
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.
B.
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:
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.
A.
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.
B.
Said notice shall be advertised to the public, clearing stating:
C.
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.
A.
In the event that the property is not successfully sold at auction,
the Property Clerk may:
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.
A.
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.
B.
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.
The provisions of this chapter shall not apply to property within
the custody of Nassau County Police Department.