(A) No person shall leave or cause to be left any property within the custody of the village or upon any premises owned or controlled by the village except by the express consent of the village or in compliance with any ordinance of the village or with any other applicable law. No person shall fail to claim any property belonging to any such person which comes into the possession of the village.
(B) For any and all property placed in the custody of the village in violation of division (A) above, or otherwise, including lost, stolen, abandoned, or other property surrendered to any agent of the village, or recovered by any agent of the village, the village is hereby authorized to charge a reasonable fee for services rendered in the safe keeping of said property. Said fees shall not exceed the sum of $10 per week, plus all other expenses incurred in moving, packaging, storing, or otherwise safekeeping of said property.
(C) The Police Department of the village shall have custody of said property; providing, however, that property coming into possession of the village may, at the discretion of the Village Council, remain in the custody of any other department of the village. Said property shall be surrendered to the true owner or last lawful possessor upon proper proof thereof and upon payment of the charges as provided herein; provided, however, that nothing contained herein shall be construed as obligating release of property being held as evidence or pursuant to court order.
(D) If any article is not claimed and charges paid within six months from the date the village first acquired custody, the Police Department of the village may proceed to sell the article in the manner set forth for sale procedure below. If no bids are received for the purchase of any property, it shall be conclusively presumed that said property is of no value and it shall be destroyed or otherwise disposed of as directed by the Village Council, by a resolution to be passed by the Village Council for said purpose. Proceeds of said sale shall be applied as provided by law, the first of said proceeds shall be used to reimburse the village for the expenses of said sale and charges for storage and other services rendered by the village; the excess, if any, over such items, shall be paid to the owner or person entitled to possession upon proof thereof, and in the absence of such proof, said excess shall be credited to the General Fund of the village.
(E) All items sold pursuant to the provisions of division (D) above shall be sold at public auction in accordance with the following procedure.
(1) Prior to any auction sale, the Village Clerk shall post a notice thereof in the Village Hall and shall publish a notice in a newspaper of general circulation in the village at least one week prior to said sale.
(2) Said notice shall describe any money recovered or held and also any other property recovered and held, together with the time and place of public sale at which said other property may be purchased by the highest bidder. Said highest bidder shall receive a bill of sale for the property bought from the village.
(3) Until the date of said sale, the property may be claimed at the Village Hall upon the terms and conditions set forth in this section and the sale shall be cancelled insofar as such property is concerned.
(F) This section shall not apply to motor vehicles which come into the possession of the village. Before any sale of any item is held provided for in this section, the Chief of Police of the village shall inspect each item to be sold and shall determine whether any of the items to be sold has a probable resale value of in excess of $200. If the Chief of Police shall certify that any item to be sold has a probable resale value of more than $200, said item shall not be sold or disposed of without a resolution specifically authorizing the sale as to any such item being passed by the Village Council.
(G) The Police Department of the village shall keep records of fees charged and paid, property redeemed by payment of charges, property sold, sale proceeds, and all other financial matters pertaining to property in its custody or otherwise in the custody of the village and provided for in this section.
(H) The said provisions of this section shall not apply to property being disposed of pursuant to the discretion or order of any court or magistrate, or to motor vehicles, or to contraband or other forfeited property, where other statutory sale procedures are provided, or to property covered by the provisions of other ordinances or laws.
(Ord. 1976-1, passed - -) Penalty, see § 10.99