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It shall be the duty of the City Police Department to take possession of all abandoned property which comes to the knowledge of the Police Department and safely keep the same in some suitable storage place to be designated by the Police Department, pending investigation concerning the ownership of the property.
If any personal property shall be abandoned within the city for more than 15 days, it shall be the duty of the Chief of Police to use all reasonable means to ascertain the owner of the property and to notify the owner in writing as follows:
A. A brief description of the personal property abandoned, including any serial numbers or other numbers identifying the property;
B. The location where the personal property was found abandoned;
C. The storage place of the personal property; and
D. That the city may, after 60 days from the date of the mailing of the notice, proceed to sell the personal property for cash to the highest and best bidder, and from the proceeds of the sale retain a sum sufficient to pay the costs of the sale.
If the owner of any abandoned property cannot be found after due diligence, or if the owner of the property so notified shall fail to claim and remove the property within 10 days from the date of the notice, the Chief of Police shall cause to be published in the Canby Herald a notice, which shall contain a brief description of the personal property involved, the location where the personal property was found abandoned in the city, the name of the owner thereof if known, and the time, day and place where the personal property will be sold for cash to the highest bidder. The notice shall be published 2 times, and first publication shall be made not less than 10 days preceding the date of the sale.
If the owner of the abandoned property shall apply to the City Chief of Police for the return of the property before the date of sale, and shall submit satisfactory evidence of his or her title thereto, and shall tender the city’s costs, the Chief of Police, upon being satisfied that the claim of ownership is rightful, shall surrender the property to the claimant.
If no claim shall have been made to the abandoned property before the time set for sale thereof, the sale shall be held at the time and place appointed therefor and within view of the personal property. The Chief of Police or an agent he or she shall appoint, shall conduct the sale; and the personal property shall be sold to the highest and best bidder for cash. The city shall have the right to enter a bid for the personal property, but not exceeding the amount of the city’s actual costs.
At the time of the payment of the purchase price at any such sale, the Chief of Police shall cause to be executed a certificate of sale in duplicate, the original of which shall be delivered to the purchaser, and a copy thereof filed with the Recorder of the city. The certificate shall be in a form provided by City Hall.
At any time within 1 year after the date of any sale of abandoned property, the owner of the property sold as provided for in this chapter shall be entitled to have the balance of the proceeds of the sale paid to him or her out of the General Fund of the city, upon making application therefor to the City Council and presenting satisfactory proof of ownership.