That property which is owned by the City of Monona and which
has no further usefulness to the City. An item of property shall be
considered to have no further usefulness when:
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 City property
shall not include property which is obtained by the City as a result
of abandonment or loss by the property's original owner. Surplus
City property shall not include items of property which are traded
in for newer items. Surplus City property shall not include library
materials used by the public library for lending purposes.
Determination of surplus City property. Whenever an item of City
property is determined to be surplus City property on the basis that
the City no longer performs the service for which the item was purchased,
the City Administrator, upon the recommendation of the pertinent department
head, shall determine whether or not the item is surplus City property.[1]
Editor's Note: Original Subsection B(2), pertaining to items with fair market value of more than $10,000, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
Whenever the City Administrator, upon the recommendation of the pertinent
department head, determines that an item of property is surplus City
property, he/she shall dispose of such property as he/she determines.[2]
Whenever the fair market value of an item is more than $10,000 and
the City Administrator, upon the recommendation of the pertinent department
head, has determined, pursuant to the previous subsection, that the
item is surplus City property, the department head responsible for
the items shall dispose of the property by:
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 City. 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 City.
In the event no bids are received, the item shall be disposed of as
directed by the City Administrator.
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 City newspaper.[3]
Editor's Note: Original Subsection C(5), pertaining to items with fair market value of $10,000 or less, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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 recommended by the department head responsible
for the property.[4]
Except for library materials used by the public library for lending
purposes, only the City Administrator may dispose of City property
which is not surplus City property.
Whenever this section provides for an auction or other disposition
of any property, the City Administrator 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 City labor and
the use of City property, do not exceed the payment received by the
City from the auction or sale of the property.
City custody of lost or abandoned property. Property which appears
to be lost or abandoned, discovered by officers or turned in to the
Chief of Police by citizens, shall be disposed of according to this
section.
Lost and abandoned property will be examined by the Chief of Police
for identifying marks in an attempt to determine the owner. If identifying
marks are present, they shall be used by the Chief of Police 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 Chief
of Police.
No City 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.
No City employee shall receive any lost, stolen, abandoned or other
unclaimed property from the Chief of Police, unless that person receives
a written receipt signed by the Chief of Police, a copy of which shall
remain with the City Administrator.
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 City shall be disposed of as follows,
except that, if the property is usable for City operations, the property
need not be sold at auction but may become the property of the City.
Vehicles. Vehicles shall be disposed of as set forth in the applicable provisions of Chapter 342, Property Maintenance, Article I, Junked Vehicles and Appliances, and Chapter 420, Vehicles, Abandoned, of the Code of the City of Monona.
Firearms, ammunition and explosives. Firearms or ammunition
shall be returned to its 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 Alcohol, Tobacco and Firearms Bureau of the U.S. Department
of Treasury; any explosive, flammable or other material proving a
danger to life or property may be disposed of immediately upon taking
possession thereof. The Chief of Police 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.
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.
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.
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 City 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 the Chief of Police 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 City, and the amount of the
bid be forfeited to the City.
Any City 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.
Lost property. Property which is found by persons and delivered to
the Chief of Police 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 or she may claim ownership of said property. The Chief of
Police shall determine what portion, if any, of the property or its
value shall be given the finder. This provision shall not apply to
any City employee finding property in the regular course of his or
her employment.