[Amended 5-14-1979 by L.L. No. 1-1979]
Any person violating any of the provisions of this chapter shall be
liable for and forfeit and pay a penalty of $10 for each violation. The amount
of the penalty as provided for in this section is in addition to any fees
for redemption of impounded property or costs of sale chargeable to an owner
or person entitled to possession of impounded property as hereinafter provided.
The village may remove or cause to be removed any property the subject
of this chapter found upon any public place and take same or cause same to
be taken into the custody of the village and held until disposed of in the
manner as hereinafter provided.
Whenever the village shall take and hold under the provisions of this
chapter any property containing identification of ownership, a notice shall
be sent by ordinary mail to the owner thereof at his last known address advising
him such property is held by the village, and of the amount required to redeem
it.
Each article of property the possession of which has been taken by the
village under the provisions of this chapter may be redeemed by the owner
thereof at any time prior to the sale, dismantling or disposal thereof, upon
presentation of proof acceptable to the Village Clerk as to ownership or the
right of possession thereof and upon tendering to the Village Clerk at his
office during regular business hours, the sum of $10 in respect of each such
article, together with the cost of advertising the sale thereof. Any return
of property by the Clerk to a person pursuant hereto, shall be an absolute
defense to the village against any other person claiming such property.
When any property the subject of this chapter remains in the custody
of the village for a period of 15 days, and in respect of which no person
has presented to the Village Clerk proof establishing such person's ownership
or right to possession thereof as hereinbefore stated, the Village Clerk shall
give public notice of at least five days, that at a specified time and place
such property shall be sold at public auction. A general description in such
notice of the property to be sold shall be sufficient. Said sale shall be
conducted by the Clerk or by any other person designated by the Board of Trustees.
In the event that property shall remain unsold after public auction,
the Village Clerk may otherwise sell, dismantle or dispose of such property.
Any such sale or other disposition of such property pursuant to this section
shall be without liability on the part of the village to the owner of such
property or other person lawfully entitled thereto or having an interest therein.
After property is redeemed, the Village Clerk shall pay over to the
Village Treasurer the amount received for redemption, costs and expenses of
the articles redeemed, together with an itemized statement thereof. After
a sale or other disposition of such property, the Village Clerk shall pay
over to the Treasurer the amount received for sale, costs and expense of sale,
together with an itemized statement thereof. To cover the cost of removing
and storing the property sold, the Treasurer shall credit the General Fund
with so much of the proceeds (or to the extent the proceeds received will
permit) as equals the costs and expenses of such sale, plus $5 for each article
of property sold. The remainder of the proceeds, if any, realized from such
sale shall be deposited by the Village Treasurer in Trust and Agency Account
and shall be paid without interest to the lawful owner thereof when such lawful
ownership is established. If no lawful ownership to said funds is established
within one year after such deposit, the Board of Trustees may, by resolutions,
transfer such funds from the Trust and Agency Account to the General Fund.
[Amended 7-1-1974]
The provisions of this chapter shall not apply to any property which
may come into the possession or custody of the village or Police Department
pursuant to any other ordinance, regulation, law or rule of law.