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Chapter 3.10 - Sale and Disposal of Lost, Stolen, Confiscated, or Abandoned Property

3.10.010 Sales agent
The City Manager or a designee thereof is authorized to act as sales agent for the sale or disposal of lost, stolen, confiscated, or abandoned property as such property remains unclaimed and is delivered to the City Manager or a designee thereof by the Chief of Police for sale or disposal pursuant to the provisions of Chapter 9.02 of this code. The sale or disposal of lost, stolen, confiscated, or abandoned property by the City Manager or a designee thereof shall be in accordance with the policies and procedures as hereinafter set forth in this chapter. (Ord. O-93-26 § 23, 1993; Ord. O-76-85 § 2 (part), 1976).

3.10.020 Disposal of unclaimed property
Upon delivery by the Chief of Police and receipt by the City Manager or a designee thereof, lost, stolen, confiscated, or abandoned property, and such other property as may be unclaimed, shall be disposed of by the sales agent as follows:
A. Upon receipt of such property from the Chief of Police, the sales agent shall, within thirty days of receipt, cause to be published in a newspaper of general circulation in the city a public notice describing generally by category or classification those articles of property of an estimated current retail value of less than one hundred dollars. Those articles of property of an estimated current retail value of one hundred dollars or more shall be described specifically. Such public notice shall state that any person who claims to be an owner of or claims any interest in any such property may appear at a location designated by the sales agent and reclaim such property upon presentation of satisfactory proof of identity and ownership.
B. Any such property may be sold at public sale; provided, that the sales agent shall cause to be published in a newspaper of general circulation in the city, a public notice setting forth the time, date and place of sale.
C. Bicycles, tricycles, articles made for use by children, or clothing may be sold at public sale, or may, in the alternative, be given to poor, needy, or institutionalized persons, as the sales agent may order, by making the same available for distribution to religious, charitable, civic, or other organizations or institutions.
D. Such property that consists of jewelry, gems, watches, precious metals, or other property having a unique value, or which in the judgment of the sales agent may bring a higher price if sold on sealed bids, may, in the discretion of the sales agent, be sold either at a public sale as heretofore provided, or to the highest bidder after solicitation of sealed bids from at least three regular dealers in the particular type of property. Any person desiring to submit a sealed bid may do so. Such bids shall be opened and the property sold to the highest bidder at the time and place specified in such notice, provided, however, that the right to reject any and all bids shall be reserved, and any and all bids may be rejected if deemed too low, or for any other reason.
E. The city may retain for its own use and benefit that property not claimed. Property of little or no apparent value may be destroyed by the sales agent. When any property of an estimated retail value of fifty dollars or more is retained by the city as provided for in this section, it shall be added to the city's capital assets inventory. (Ord. O-93-26 § 24, 1993; Ord. O-76-85 § 2 (part), 1976).

3.10.030 Reclaiming property
All such property may be reclaimed by the lawful owner upon proof of identity and ownership satisfactory to the sales agent if claimed before donation or sale thereof. (Ord. O-76-85 § 2 (part), 1976).

3.10.040 Failure to claim property
Failure to make claim of ownership within the time limit prescribed in this chapter and Chapter 9.02 and before sale or donation of any article shall forever bar the owner or any person claiming ownership by, through, or under the owner for making any subsequent claim of ownership. (Ord. O-76-85 § 2 (part), 1976).

3.10.050 Proceeds of sale
All proceeds of sale shall be paid to the City Treasurer who shall deposit the same in the general fund of the city. (Ord. O-76-85 § 2 (part), 1976).