City of Seward, NE
Seward County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Seward as Ch. 6, Art. 4, of the 1976 Code. Amendments noted where applicable.]
All property, including money, which shall be seized or found by any police officer shall be reported and delivered immediately to the Police Department. A written record containing the date of such seizing, and a description of the same, shall be maintained by the Police Department.
The Police Department shall have authority to release seized or found property to the owners thereof upon satisfactory proof and evidence of such ownership. The owner shall first pay any and all charges incurred in the care and keeping of such property while the same is in the custody of the Police Department.
In March and September of each year, on a date and time to be fixed by the Police Department, all property which shall remain unclaimed, except money, in the hands of the Police Department for more than 30 days shall be sold at public auction at Police Headquarters, or at such place designated by the Chief of Police, to the highest bidder. All sales shall be for cash. Such sales shall be advertised for one week in a newspaper of general circulation in Seward County. The date of sale of each item of property and the amount received at such sale for each item of property shall likewise be recorded. All expenses in connection with the care and keeping of any item of property shall be paid from the proceeds of sale of such item of property by the Police Department. In the event the proceeds of sale are insufficient to pay the expenses of care, keeping, sale and disposal thereof, such expenses shall be paid by the City. The balance of sale proceeds shall be paid over and delivered to the Municipal Treasurer, which shall be kept by him in a special fund, together with an accounting of such sales. A copy of such accounting shall be filed with the Clerk. If the remaining proceeds of such sale are not claimed within one year after such sale, said proceeds shall be forfeited to the City and the Mayor and Council shall appropriate the same for expenditure by the City in the next annual appropriation ordinance.
All property remaining in the custody of the Police Department for want of bidders upon such sale shall be disposed of as junk or be deposited in the City dump on behalf of the City.
The Police Department shall make diligent and reasonable investigation and inquiry to locate the owner of all monies found or seized and deliver the same to the owner thereof upon satisfactory proof and evidence of ownership. All monies unclaimed after 60 days shall be turned over to the City Treasurer for deposit by such Treasurer in said special fund, together with an accounting of said monies. If such monies shall remain unclaimed after deposit with the City Treasurer for more than one year, said monies shall be forfeited to the City and the Mayor and Council may appropriate the same for expenditure by the City in its next annual appropriation ordinance.
No property seized as evidence for the prosecution of a violation of the City Code or of the criminal statutes of the state shall be sold as herein provided until after such property has been released as evidence by the court having jurisdiction in the matter, for which such evidence was seized or by the Prosecuting Attorney in such matter. After such property is released as evidence as aforesaid, it may be sold and disposed of by the Police Department as herein provided.
Upon sale of any such article or motor vehicle, the Police Department is authorized to execute and deliver a bill of sale without warranty on behalf of the City to the purchaser thereof.