The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
means personal property which remains unclaimed with the
police department for a period of 30 days. Such property shall be
conclusively presumed to have been abandoned.
means an officer or employee of the city who is designated
by the city manager to be primarily responsible for the disposition
of property under this article.
means property related to a charge that has been filed or
to a matter that is being investigated for the filing of a charge.
(1967 Code, sec. 21-15; 2008 Code,
sec. 42-31)
All unclaimed or abandoned personal property of every kind,
other than contraband subject to forfeiture under Vernon’s Ann.
C.C.P. chapter 59, and whiskey, wine and beer, seized by any peace
officer in the state, which is not held as evidence to be used in
any pending case and has not been ordered destroyed or returned to
the person entitled to possession of the property by a magistrate,
which shall remain unclaimed for a period of 30 days shall be delivered
for disposition to a person designated by the city. If a city peace
officer seizes the property, the peace officer shall deliver the property
to a person designated by the city.
(1967 Code, sec. 21-16; 2008 Code,
sec. 42-32)
The sale of abandoned motor vehicles or other property at public
auction as provided for in this article shall be conducted between
the hours of 10:00 a.m. and 4:00 p.m. at the place and hour designated
in the notice.
(1967 Code, sec. 21-18; 2008 Code,
sec. 42-33)
The person designated by the city shall mail a notice to the
last known address of the owner of abandoned property by certified
mail. Such notice shall describe the property being held, give the
name and address of the officer holding such property, and state that,
if the owner does not claim such property within 90 days from the
date of the notice, such property will be disposed of and the proceeds,
after deducting the reasonable expense of keeping such property and
the costs of the disposition, placed in the treasury of the city.
(1967 Code, sec. 21-17; 2008 Code,
sec. 42-34)
(a)
If
abandoned property has a fair market value of $500.00 or more and
the owner or the address of the owner is unknown, the person designated
by the city shall cause to be published once in a paper of general
circulation in the city a notice containing a general description
of the property held, the name of the owner, if known, the name and
address of the officer holding such property, and a statement that,
if the owner does not claim such property within 90 days from the
date of the publication, such property will be disposed of and the
proceeds, after deducting the reasonable expense of keeping such property
and the costs of the disposition, placed in the treasury of the city.
If the property has a fair market value of less than $500.00 and the
owner or the address of the owner is unknown, the person designated
by the city may sell or donate the property. The person designated
by the city shall deposit the sale proceeds, after deducting the reasonable
expense of keeping the property and costs of the sale, in the treasury
of the city.
(b)
The
sale under this article of any property that has a fair market value
of $500.00 or more shall be preceded by a notice published once at
least 14 days prior to the date of such sale in a newspaper of general
circulation in the city, stating the general description of the property,
the name of the owner if known, and the date and place that such sale
will occur. This article does not require disposition by sale.
(2008 Code, sec. 42-35)
The real owner of any property disposed of under this article
shall have the right to file a claim to the proceeds with the city
commission. A claim by the real owner must be filed not later than
the 30th day after the date of disposition. If the claim is allowed
by the city commission, the city treasurer shall pay the owner such
funds as were paid into the treasury of the city as proceeds of the
disposition. If the claim is denied by the city commission or if the
city commission fails to act upon such claim within 90 days, the claimant
may sue the city treasurer in a court of competent jurisdiction in
the county, and, upon sufficient proof of ownership, recover judgment
against the city for the recovery of the proceeds of the disposition.
(2008 Code, sec. 42-36)
If the provisions of this article have been met and the property
is scheduled for disposition, the city law enforcement agency that
originally seized the property may request and have the property converted
to agency use. The agency at any time may transfer the property to
another municipal or county law enforcement agency for the use of
that agency. The agency last using the property shall return the property
to the person designated by the city for disposition when the agency
has completed the intended use of the property.
(2008 Code, sec. 42-37)
If the abandoned or unclaimed personal property is money, the person designated by the city may, after giving notice under section 1.06.004 or 1.06.005(a), deposit the money in the treasury of the city without conducting the sale as required by section 1.06.005(b).
(2008 Code, sec. 42-38)
While offering the property for sale under this article, if
a person designated by the city considers any bid as insufficient,
the person may decline the bid and reoffer the property for sale.
(2008 Code, sec. 42-39)
All sales made pursuant to the provisions of this article shall
be made for cash.
(1967 Code, sec. 21-20; 2008 Code,
sec. 42-40)
The person designated by the city is hereby required to place
all funds received by him under and by virtue of this article to the
credit of the general fund, to be thereafter disbursed as the city
commission shall order.
(1967 Code, sec. 21-21; 2008 Code,
sec. 42-41)
