The provisions of this article shall apply to all abandoned personal property, other than motor vehicles and the impounding and sale of animals.
(1984 Code, sec. 10-31; 1998 Code, sec. 1.401)
Any property abandoned or lying in violation of any ordinance of the city or left unattended for more than forty-eight (48) continuous hours in or on any public street, alley, sidewalk, park or other public place of the city is declared to be a nuisance, and any such property when so found shall be removed summarily by any police officer of the city and taken to the police pound and shall be kept there until redeemed or sold as herein provided.
(1984 Code, sec. 10-32; 1998 Code, sec. 1.402)
The city shall have a lien on personal property impounded pursuant to this article for all costs incurred in impounding, storing and advertising such property and such lien shall be prior and superior to all other liens of every kind, save and except liens for ad valorem taxes, and the city may retain possession thereof until all costs are paid and may sell the same as herein provided.
(1984 Code, sec. 10-33; 1998 Code, sec. 1.403)
The owner or any person legally entitled to possession of personal property impounded pursuant to this article may redeem the same as follows:
(1)
Before sale.
By paying to the chief of police an impounding fee and any other actual expenses incurred by the city in impounding and keeping the impounded property, as determined by the chief of police.
(2)
After sale.
By paying to the buyer at the auction sale double the amount paid by him for such personal property and any reasonable expenses incurred by him for keeping same; provided, the same property must be redeemed from the auction buyer within thirty (30) days after the date of auction sale, excluding the date of sale; otherwise, title to said property shall become absolute in the auction buyer.
(1984 Code, sec. 10-34; 1998 Code, sec. 1.404)
When any personal property is not redeemed within sixty (60) days after being impounded, the chief of police shall sell the same at public auction to satisfy the lien of the city.
(1984 Code, sec. 10-35; 1998 Code, sec. 1.405)
Before selling personal property pursuant to this article, the chief of police shall post two (2) notices thereof, one at the county courthouse door and one at the Third Street entrance of the city hall, and shall cause a copy thereof to be published in a newspaper published in the city once a week for two (2) consecutive weeks, the date of the first publication to be at least fourteen (14) days prior to the day of the auction sale. The notice of sale shall describe the impounded property, state that the same is unredeemed, state that the same will be sold at public auction, designate the place of sale, and state a time and date of sale which shall not be less than fourteen (14) days from the date of posting such notices as herein required.
(1984 Code, sec. 10-36; 1998 Code, sec. 1.406)
When any impounded property is not redeemed by the date and time designated in the notice of sale, the chief of police shall sell the property at public auction, and, as city auctioneer, shall execute a bill of sale of property to the purchaser; provided, he shall not execute or deliver any but a conditional bill of sale unless and until the title of the buyer has become absolute by an expiration of thirty (30) days in time, exclusive of the date of sale, without being redeemed by the owner of the impounded property.
(1984 Code, sec. 10-37; 1998 Code, sec. 1.407)
After deducting the impounding fee and all other actual expenses incurred by the city in impounding, storing and selling of said property, as determined by the chief of police, not to exceed a reasonable amount for each impounded article, he shall pay the balance of the proceeds of such sale, if any, to the owner of the property. If the owner fails to call for such proceeds they shall be paid into the city treasury. Within six (6) months after such auction sale, the owner may apply in writing to the chief of police, and upon satisfactory proof of ownership shall be entitled to receive the amount of the proceeds delivered to the city treasury.
(1984 Code, sec. 10-38; 1998 Code, sec. 1.408)
Impounded property which is offered for sale at public auction in accordance with the procedure in this article prescribed, and upon which no person bids, shall thereafter be sold or otherwise disposed of as junk. Money received for junk property shall be disposed of in the same manner as proceeds from an auction sale under this article.
(1984 Code, sec. 10-39; 1998 Code, sec. 1.409)
(a)
The chief of police shall keep a record book which shall contain a description of all property impounded, the date and time of such impounding, the date notices of sale were posted and advertised and mailed to owners and lienholders, the return of receipts of registered notices, the date of the sale at auction, the amount realized for each article at such sale, the name and address of the owner and lienholders, if known, the name and address of the auction buyer, and any such other information as he may deem necessary.
(b)
The fees charged under this article shall be set by the city council from time to time and shall be paid into the city treasury.
(1984 Code, sec. 10-40; 1998 Code, sec. 1.410)