(a) The department shall keep a record of all seized property. For purposes of this section, "seized property" means property seized by the department in connection with an arrest.
(b) The department shall make reasonable efforts to notify and advise to the owner of any seized property not being held for investigation, or potential forfeiture, of the procedure to claim such property.
(c) The department shall dispose of any seized property that is:
(1) not retained for investigatory or evidentiary purposes, or for potential forfeiture, and the owner fails to claim the seized property within 30 days from the date of its seizure; or
(2) held for investigatory or evidentiary purposes and the owner fails to claim the seized property within 30 days;
(i) from the date of the final disposition of the court or administrative hearing proceeding pertaining to such property; or
(ii) after notice from the department that the investigation for which the property was seized has been concluded, if the property is not subject to a court or administrative hearing proceeding, or potential forfeiture.
(d) Any seized property not recovered by the owner at the expiration of the holding period provided in subsection (c) shall be disposed of in the following manner:
(1) seized property deemed by the superintendent to be of use to the city shall be forfeited to the city for its use;
(2) seized property deemed by the superintendent to be unsalable and of no use to the city shall be destroyed; or
(3) seized property deemed salable by the superintendent shall be sold through online public auction.
(e) The department shall publish on its website the procedures to claim any seized property eligible for return and information directing the owners to the website of the third-party online or live auctioneers that auction the seized property.
(f) After the expiration of the holding period provided in subsection (c) the department shall transfer salable seized property to a third-party online or live auctioneer for auction to the highest bidder. Before such sale, the third-party online or live auctioneer shall provide a publicly available description and photograph of the seized property on its auctioning website. Any owner believing his property is subject to auction shall have the opportunity to recover, subject to ownership verification, the property from the third-party auctioneer before the sale of the property.
(g) No member of the department shall, directly or indirectly, participate in the bidding for, or purchase of, seized property.
(Prior code § 11-17; Amend Coun. J. 4-29-98, p. 66564; Amend Coun. J. 11-19-14, p. 98037, § 5)