[HISTORY: Adopted by the Village Board of the Village of Orfordville 3-31-1992
as Title 3, Ch. 4 of the 1992 Code. Amendments noted where applicable.]
A.
Surplus property.
(1)
Surplus Village property is that property which is owned
by the Village of Orfordville and which has no further usefulness to the Village.
An item of property shall be considered to have no further usefulness when:
(a)
The item or its function has been totally replaced by
other Village property and no probable future function exists for it;
(b)
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
(c)
The item is no longer able to reliably or economically
perform the work required of it.
(2)
Surplus property as defined in this chapter 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.
B.
Determination of surplus Village property.
(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.
(2)
Whenever the fair market value of the item is more than
$5,000, 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 that an item of
property is surplus Village property, it shall dispose of such property as
it determines.
(2)
Whenever the fair market value of an item is more than $500 and the Village Board has determined, pursuant to Subsection B, that the item is surplus Village property, the department head 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. 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 a newspaper of general circulation in the Village.
D.
Determination of fair market value. 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 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 Board 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 or 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 301, Vehicles, Abandoned, of this Code.
(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 its rightful owner, destroyed, or transferred to the
State Crime Laboratories, the Division of Criminal Investigation of the Department
of Justice, the Federal Bureau of Investigation or the Alcohol, Tobacco and
Firearms Bureau of the United States Department of 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 Department, 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.[1]
(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 a newspaper of general circulation in the Village. 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 shall 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 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 employment.
(4)
Payment to Village treasury. All sums received from the
sale of property under this section shall be paid to the Village treasury.
