[HISTORY: Adopted by the Board of Supervisors of Warren County 6-5-1984;
amended in its entirety 8-17-2004. Subsequent amendments
noted where applicable.]
A.
Warren County law enforcement agencies, including the
Warren County Sheriff, may sell, by public sale as provided for herein, or
donate to a bona fide charitable organization any unclaimed personal property
which has been in the possession of any such law enforcement agency and unclaimed
for a period of more than 60 days. As used herein, "unclaimed personal property"
shall be any personal property belonging to another which has been acquired
by a law enforcement officer of any such agency pursuant to his duties, which
is not needed in any criminal prosecution, which has not been claimed by its
rightful owner and which the State Treasurer has indicated will be declined
if remitted under the Uniform Disposition of Unclaimed Property Act (§ 55-210.1
et seq., Code of Virginia 1950, as amended).
B.
Prior to the sale of any unclaimed item, the Sheriff
or other law enforcement agencies or their duly authorized agents shall make
reasonable attempts to notify the rightful owner of the property, obtain from
the Commonwealth's Attorney, in writing, a statement advising that the
item is not needed in any criminal prosecution and cause to be published in
a newspaper of general circulation in the County once a week for two successive
weeks notice that there will be a public sale of unclaimed personal property.
Such property shall be described generally in the notice, together with the
date, time and place of the sale. The Sheriff or other law enforcement agencies
or their duly authorized agents shall pay from the proceeds of
the sale the costs of advertisement, removal, storage, investigation as to
ownership and liens, and notice of sale. The balance of the funds shall be
held by such officer for the owner and paid to the owner upon satisfactory
proof of ownership.
C.
If no claim has been made by the owner for the proceeds
of such sale within 60 days of the sale, the remaining funds shall be deposited
in the general fund of the County. Any such owner shall be entitled to apply
to the County within three years from the date of the sale and, if timely
application is made therefor and upon satisfactory proof of ownership being
furnished by the owner, the County shall pay the remaining proceeds of the
sale to the owner without interest or other charges. No claim shall be made,
nor any suit, action or proceeding be instituted for the recovery of such
funds, after three years from the date of the sale.
