Whenever the chief of police has any property, including money, the ownership of which is unknown and which is unclaimed for 60 days after the said property came into the chief's possession, or any property that has been stolen and is not claimed by the owner within 60 days after the conviction of the person for stealing the property, the chief of police shall report the fact to the city manager and request authority to dispose of it as provided in this chapter.
(Ord. 898, 1991)
The city manager shall act upon the request promptly after its receipt from the chief of police. If the request is to have the property disposed of by public sale, and if the city manager approves the request, the chief of police shall post written notice of sale in three public places within the city at least 10 days before the sale and, unless the chief of police determines that the cost of publication is disproportionate to the value of the property, shall cause said notice to be published in a newspaper of general circulation once a week for two weeks prior to the sale. The notice shall describe the property, including money, and shall state the time and place of public sale at which the property, if it is other than money, may be purchased by the highest bidder. Until the date of the sale, the property, including money, may be claimed at the police department. If ownership is proven, the chief of police shall release the property, including money, to the owner and cancel the sale insofar as the claimed property is concerned. If the property is money, it shall become the property of the city at the time specified in the notice unless otherwise claimed or reclaimed in accordance with this chapter.
(Ord. 898, 1991)
The chief of police, or designee, shall conduct the sale and shall turn over the proceeds thereof, including any unclaimed money, to the finance director for credit to the general fund.
(Ord. 898, 1991)
Following the sale authorized by this chapter the chief of police, with the approval of the city manager, may transfer any unsold property to the city for use by any city department.
(Ord. 898, 1991)
If, within six months following the sale of unclaimed property, the owner of the property, including money, files with the city clerk's office a claim for the property and proves ownership of same, the city manager shall direct that the amount derived from the sale or the money, less expenses of the sale, shall be paid to the owner from the city treasury. The city manager shall not approve any claims filed more than six months after the sale. If the property is transferred to the city in lieu of sale, it may be claimed by the lawful owner thereof at any time within one year from the date of transfer. The chief of police in disposing of property in the manner provided herein shall not be liable to the owner thereof.
(Ord. 898, 1991)
Property found and delivered to the police department may be claimed by and delivered to the lawful owner upon proof of ownership satisfactory to the chief of police. If such property is not claimed by the lawful owner within 60 days after being delivered to the chief of police, it shall be disposed of in accordance with this chapter. Before offering such property for sale at public auction, however, the chief of police shall notify the finder, and if the finder files a written request for return of the property prior to the date of the auction, it shall not be sold but shall be returned to the finder. Nothing in this section shall entitle a person who has found and delivered to the police department a weapon or dangerous or perishable property to its return.
(Ord. 898, 1991)
When property which is subject to disposal under this chapter is a gun, knife or other weapon, the chief of police may recommend and the city manager may order that it be destroyed or that it become the property of the police department rather than being sold at public auction.
(Ord. 898, 1991)
Property in the possession of the police department and determined by the police chief to be perishable or to constitute an immediate danger to the public may be disposed of immediately in any manner without notice of sale. Proceeds of any such disposition shall be subject to this chapter.
(Ord. 898, 1991)
Before returning property to a finder or owner, and before delivering money to the treasury, the police chief shall require a reasonable fee from the person receiving the property or money delivered for the costs of notice, publication, and sale attributable to the property or money delivered. The proceeds from that fee shall be deposited into the general fund. The police chief may waive this requirement for a good cause.
(Ord. 898, 1991)