[HISTORY: Adopted by the Village Board of the Village of
Winneconne as Title 3, Ch. 4, of the 2012 compilation of ordinances,
as amended through 5-22-2013.
Subsequent amendments noted where applicable.]
A.
SURPLUS PROPERTY
SURPLUS VILLAGE PROPERTY
(1)
(2)
(3)
Definitions. As used in this chapter, the following terms shall have
the meanings indicated:
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 Village property shall not include property which
is obtained by the Village as a result of abandonment or loss by the
property's original owner. Surplus Village property shall not include
items of property which are traded in for newer items.
That property which is owned by the Village of Winneconne
and which has no further usefulness to the Village. An item of property
shall be considered to have no further usefulness when:
The item or its function has been totally replaced by other
Village property and no probable future function exists for it; or
The Village no longer performs the service for which the item
was purchased and no other service can reasonably be provided by the
item; or
The item is no longer able to reliably or economically perform
the work required of it.
B.
Determination of surplus Village property (major items).
(1)
Whenever an item of Village property is determined to be surplus
Village property on the basis that the Village no longer performs
the service for which the item was purchased, the Village Board shall
determine whether or not the item is surplus Village property.
C.
Disposition of surplus Village property.
(1)
Whenever the Village Board determines under Subsection B that an item of property is surplus Village property, it shall dispose of such property as it determines, generally as prescribed below.
(2)
Whenever the fair market value of an item is more than $5,000 and
the Village Board has determined, pursuant to the previous subsection,
that the item is surplus Village property, or the Village Administrator,
with consent of appropriate committee, has made such a determination
for items with a value of less than $5,000, the Village Administrator
or supervisor responsible for the items shall dispose of the property
by:
(3)
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 Village
Board, upon the recommendation of the Village Administrator. 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 Village and
the amount of the bid shall be forfeited to the Village. In the event
no bids are received, the item shall be disposed of as directed by
the Village Board.
(4)
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 Village newspaper.
D.
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 made by the department head responsible for
the property, whose decision shall be final.
E.
Authority to dispose of property.
(1)
Except for library materials used by the public library for lending
purposes, only the Village Board or Village Administrator, as authorized
above, may dispose of Village property which is not surplus Village
property.
(2)
Whenever this section provides for an auction or other disposition
of any property, the Village 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 Village labor
and the use of Village property, do not exceed the payment received
by the Village from the auction or sale of the property.
A.
Village custody of lost or abandoned property.
(1)
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.
(2)
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.
(3)
No Village 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.
(4)
The Chief of Police shall permit citizens to claim lost property
if they can provide sufficient proof that they are rightful owners.
(5)
No Village 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 Village Clerk-Treasurer.
B.
Disposal procedures.
(1)
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 Village shall be disposed of as follows,
except that if the property is usable for Village operations, the
property need not be sold at auction, but may become the property
of the Village.
(a)
Vehicles. Vehicles shall be disposed of as set forth in the applicable provisions of Chapter 497, Abandoned or Junked Vehicles, of the Code of the Village of Winneconne.
(b)
Intoxicating liquor and fermented malt beverages. Intoxicating
liquor and fermented malt beverages shall be destroyed.
(c)
Firearms, ammunition and explosives. Firearms or ammunition
shall be returned to their 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 United States Department
of the 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 Office, 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(d)
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.
(e)
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.
(f)
Illegal property. Property which cannot be legally possessed
shall be destroyed.
(2)
Disposal by auction or sealed bid.
(a)
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 Village 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 Village
and the amount of the bid be forfeited to the Village.
(b)
Any Village 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.
(3)
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/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 Village
employee finding property in the regular course of his/her employment.
(4)
Payment to Village treasury. All sums received from the sale of property
under this section shall be paid to the Village treasury.
