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.