(A) Upon satisfactory evidence of the ownership of property or money described in § 33.015, the Chief of Police or his or her duly designated agent shall deliver the same to the owner, his or her next of kin, or legal representative, and to him, her, or them only. If in any case, it is proven impracticable for the owner, next of kin, or legal representative to appear, the Chief of Police or his or her duly designated agent may deliver the property or money to any person having a duly executed power of attorney from the owner or his or her next of kin, or legal representative, upon the filing of the power of attorney in the office of the Chief of Police or his or her duly designated agent and the signing of a receipt for the property or money.
(B) In the event two or more persons claim ownership of any property or money, the Chief of Police or his or her duly designated agent may give notice by registered mail to all claimants of whom he or she shall have knowledge of the time and place of a hearing to determine the person to whom the property or money shall be delivered. At the time and place so designated, the Chief of Police or his or her duly designated agent shall hear and receive evidence of ownership of the property or money concerned, and shall determine the identity of the owner. After the hearing, the Chief of Police or his or her duly designated agent shall deliver the property or money to the person whom the Chief of Police or his or her duly designated agent determines is the owner, his or her next of kin, or legal representative, and to him, her, or them only. If, in any case, it is proven impracticable for the owner, next of kin, or legal representative to appear, the Chief of Police or his or her duly designated agent may deliver the property or money to any person having a duly executed power of attorney from the owner, his or her next of kin, or legal representative, upon the filing of the power of attorney in the office of the Chief of Police or his or her duly designated agent and the signing of a receipt for the property or money.
(C) The Chief of Police or his or her duly designated agent shall not be liable in any official action performed hereunder in good faith.
(D) Except as provided in §§ 33.023, 33.024 and 33.025 hereof, no property or money in the possession of the Chief of Police or his or her duly designated agent alleged to have been feloniously obtained or to be the proceeds of crime shall be delivered under this section if it is required to be held under the provisions of § 33.019 hereof; nor shall it be delivered within one year after the date of receipt of the property or money by the Chief of Police or his or her duly designated agent unless the property or money is not needed as evidence in the prosecution of a crime.
(Ord. 340, passed 7-27-1971)