[HISTORY: Adopted by the Board of Trustees of the Village of Spring
Valley 12-7-1970 as Ch. 12, Art. II, of the 1970 Code. Amendments noted where
applicable.]
For the purposes of this chapter, the following words shall have the
meanings given to them herein:
Every municipal parking field owned, leased, hired or under the general
jurisdiction of the Board of Trustees and also such areas designated by the
Board of Trustees as limited or restricted parking areas.
A street, avenue, road, alley, lane, highway, boulevard, concourse,
driveway, culvert and crosswalk and every class of road used by the general
public.
It shall be unlawful for any person or his agent or employee to leave
or to suffer or permit to be left any cart, wagon, box, barrel, bale of merchandise
or other movable property, either owned by him or in his possession, custody
or control, upon any street, sidewalk or municipal parking field or to erect
or cause to be erected thereon any shed, building or other obstruction; excepting,
however, that this section shall not apply to materials lawfully placed at
the curbs or sides of streets for collection by the Department of Public Works.
The Chief of Police and/or the Superintendent of Public Works shall
remove or cause to be removed any cart, wagon, box, barrel, bale of merchandise
or other movable property found upon any street, sidewalk or municipal parking
field and shall take the same or cause the same to be taken to property or
premises of the village where the same shall be held until redeemed or sold
as hereinafter provided.
Whenever the Chief of Police and/or the Superintendent of Public Works
shall receive any property containing identification of ownership or right
to possession, a notice shall be sent by ordinary mail to such persons advising
that such property is held by the Chief of Police or the Superintendent of
Public Works and advising the amount necessary to redeem such property.
Abandoned property may be redeemed by the owner thereof at any time prior to the sale, dismantling, destruction or disposal of such property, and he shall be entitled to receive such property upon tendering the sum as set forth in Chapter 118, Fees. In addition, the person seeking to redeem shall be required to pay the cost of advertising the sale thereof, if any. No property shall be delivered to a person seeking to redeem unless proof establishing to the satisfaction of the Chief of Police or the Superintendent of Public Works such person's ownership or right to possession is submitted. Any delivery to a person apparently entitled thereto shall be a good defense to the village against any other person claiming to be entitled thereto, but if the person to whom delivery is made is in fact not entitled thereto, the person to whom the same ought to have been made may recover the same with interest and costs from the person to whom the same shall have been delivered.
A.
Notice of sale. Where any abandoned property remains in the custody of the Police Chief and/or the Superintendent of Public Works for a period of fifteen (15) days after removal, as provided in § 190-3, and with respect to which no person has presented to the Chief of Police and/or the Superintendent of Public Works proof establishing to his satisfaction such person's ownership or right to possession of such property, the Chief of Police and/or the Superintendent of Public Works shall give public notice in the official newspaper of the village advising that at a specified place and time, not less than five (5) days after such notice is published, such property will be sold at public auction for the best price that can be obtained. A general description in such notice of the property to be sold shall be sufficient.
B.
Conduct of sale. Said sale shall be conducted by the
Chief of Police or the Superintendent of Public Works or any employee of his
Department designated by him or by an auctioneer designated by the Chief of
Police or the Superintendent of Public Works.
In the event that abandoned property shall remain unsold at public auction,
the Chief of Police and/or the Superintendent of Public Works may reoffer
said property for sale at a subsequent public auction held pursuant to this
chapter, or he may dismantle, destroy or otherwise sell or dispose of such
property. Any such sale or other disposition of such property pursuant to
this chapter 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.
Immediately after property is redeemed, as provided in this chapter, the Chief of Police or the Superintendent of Public Works shall pay over to the Treasurer of the village the amount received for redemption, costs and expenses of the article redeemed, together with an itemized statement thereof. Immediately after a sale or other disposition of such property, the Chief of Police and/or the Superintendent of Public Works shall pay over to the Village Treasurer the proceeds of the sale or other disposition of such property, with an itemized statement of the article sold, the price received and the costs and expenses of the sale, and the Treasurer shall retain and credit the general fund with so much of the proceeds as equal the costs and expenses of such sale, plus a fee as set forth in Chapter 118, Fees, for each article sold to cover the costs of removing and storing the property. The remainder of the moneys realized from such sales shall be paid, without interest, to the lawful owner thereof.
The provisions of this chapter shall not apply to any property which
may come into the possession or custody of the Police Department pursuant
to any law or regulation.
Any person violating any of the provisions of this chapter shall be
punished by a fine not to exceed five thousand dollars ($5,000.) or imprisonment
not to exceed fifteen (15) days, or both. Any fine paid hereunder shall be
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 herein provided.
