§ 98-50. Disposal of stolen property.

Any property which may be obtained or received by the police from persons who have stolen it or otherwise shall be disposed of in the following manner:

(1)

Sale authorized. The police chief or the chief's designee is authorized to sell unclaimed property at public auction pursuant to the procedure set forth in this section. All the property shall be taken to the property management section and safely kept for 60 days. If after that time it shall be unclaimed by persons making satisfactory proof of title, the police chief shall, for two days, put an advertisement in the newspaper in which the city's advertisements are published, describing the property to be sold in lots, and giving such information about the property as will put the owner or other persons having knowledge thereof on notice that, at the expiration of 20 days, the property will be subject to sale. The advertisement shall also state the time and place the property shall be sold and that the proceeds shall be turned in to the city treasury. The advertisement shall also state that, within 20 days of the last advertisement provided for in this subsection, any person making satisfactory proof of title or any person who shall claim title to the property advertised shall have the right to request a hearing before the police chief or a designee to establish, by evidence, proof of title to the property claimed. Upon request for a hearing, the police chief or a designee, shall, within ten days, set a time and place for the hearing and shall notify the person claiming title to the advertised property of the hearing. If there is no request for a hearing within the time specified in this subsection, or if at the time set for a hearing there is no satisfactory proof of ownership, the police chief is authorized to proceed with a sale of the property.

(2)

Records required. The police chief shall keep a complete record showing when the property came into the possession of the department of police, where it was found or from whom it was taken, a description of the property, when it is claimed and by whom or when advertised and when and for what amount sold.

(3)

Disposition of proceeds. All money arising from these sales shall be turned over to the chief financial officer.

(4)

Police use of unclaimed property. The property which has been processed, for sale at public auction, as provided by this section, may in the discretion of the police chief be utilized by the department of police with records of the property's disposition maintained as provided by this section.

(Ord. No. 2008-55(08-O-0878), § 1, 7-14-08)

Note— Formerly § 98-49.