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The City Manager shall be responsible for the disposition of unsuitable, unused, worn out, surplus, and obsolete property of the city including all lost, abandoned, stolen, seized, and forfeited property held by the Police Division. The disposition of such property shall be subject to the following conditions:
(A) Property (including coins or currency) which has been lost, abandoned, stolen, or lawfully seized forfeited to the municipality, and which is in the custody of the Police Division, shall be safely kept pending the time it is disposed of pursuant to this section.
(B) The Police Division shall make a reasonable effort to locate the persons entitled to possession of property in its custody, and notify them in writing when and where the property may be identified and claimed. In the absence of evidence recognizing persons entitled to custody, it is sufficient notice to advertise its existence in a newspaper of general circulation in the county, briefly describing the nature of the property in custody, and inviting persons to view and establish their right to it.
(C) A person loses any right he or she may have to possession of property which was the subject of or was used in a conspiracy or attempt to commit an offense, other than a traffic offense, and such person has been judicially determined to be a conspirator, accomplice, or offender with respect to the offense, or when in light of the nature of the property or the circumstances of the person, it is unlawful for him or her to acquire or possess it.
(D) Unclaimed and forfeited property in the custody of the Police Division shall be disposed of as follows:
(1) Property that consists of drugs shall be destroyed under order from the court having jurisdiction and by order of the City Manager, or placed in the custody of the Secretary of the treasury of the United States for disposal or use for medical or scientific purposes under applicable federal law. A record of the place where the controlled substances were seized, of the kinds and quantities of controlled substances so destroyed, and of the time, place and manner of destruction, shall be kept, and a return under oath, reporting the destruction, shall be made by the officer who destroys them to the court of jurisdiction and City Manager.
(2) Property consisting of firearms and dangerous ordinance adaptable to and suitable for police work may be given to the Police Division for that purpose.
(3) All other firearms and dangerous ordinance, weapons, and cutlery shall be destroyed with evidence of destruction certified to the City Manager.
(4) Property consisting of obscene materials shall be destroyed.
(5) Property adaptable to and suitable for use by any city department or division can be converted to such city uses upon proper determination by the City Manager and not less than 180 days after its initial retention by the Police Division, and after notice of such conclusion has been published once per week for a period of three weeks in a newspaper of general circulation in the county.
(6) Coins, currency and other found property for which the rightful owner cannot be determined and for which no claims have been registered shall be returned to the finder of such coins, currency and other found property after 30 days after a preponderance of the evidence indicates that the rightful owner cannot be determined. The finder is responsible to make application for the return of the property.
(7) All other unclaimed or forfeited property shall be sold at a public auction or on line auction not less than 180 days after its initial retention by the Police Division, and after notice of such public auction has been published once per week for a period of three weeks in a newspaper of general circulation in the county.
(E) The proceeds from police-held property disposed of pursuant to this section shall be placed in the general fund of the city after the costs of conducting the auction are deducted.
(F) All other property owned by the municipality, whose use is obsolete or no longer appropriate to its original purpose, as determined by the City Manager, may be included as a saleable item in the auction specified in the division (D) (7) above, and the proceeds derived from the sales shall be added to the fund from which the original purchase expenditure came, if it can be determined. If the original cannot be determined, then the proceeds shall be added to the general fund after the costs of conducting the auction are deducted.
(G) All other property owned by the municipality, having a fair market value whose use is obsolete, no longer appropriate to its original purpose, or otherwise surplus to the needs of the city, as determined by the City Manager, may be disposed of under terms and conditions which the City Manager determines to be in the best interest of the city. The proceeds, if any, derived from the disposal thereof shall be added to the fund from which the original purchase expenditure of the particular item came, if it can be determined. If the original cannot be determined, then the proceeds shall be added to the general fund.
(H) All real property owned by the municipality within the areas designated industrial use may be sold under terms and conditions which the City Manager determines to be in the best interests of the city, subject to the approval of City Council. The proceeds derived from such sales shall be added to the Industrial Park Fund or to the fund the land was originally purchased.
(Ord. 9626, passed 11-27-07)