(a) Short Title. This section shall be known and may be cited as the “Loudoun County Unclaimed Property Disposition Ordinance.”
(b) Authority and Purpose. This section was passed pursuant to authority granted under Sections 15.2-1719 and 15.2-1720 of the Code of Virginia of 1950, as amended. The purpose of this section is to provide for the disposition of unclaimed personal property and found property which has been in the possession of the Sheriff and unclaimed for a period of more than sixty days.
(c) Definitions. As used in this section:
(1) “Unclaimed personal property” means any personal property, not including contraband, belonging to another, which has been acquired by a law enforcement officer pursuant to his or her duties, which is not needed in any criminal prosecution, which has not been claimed by its rightful owner and which the State Treasurer has indicated will be declined if remitted under the Uniform Disposition of Unclaimed Property Act (Section 55-210.1 et seq., Code of Virginia).
(2) “Found property” means any personal property, not including contraband, which has been found and delivered to the Sheriff or his or her duly authorized agent, the owner of which cannot be identified, which has been offered to the finder thereof but declined and which is not needed in any criminal prosecution.
(3) “Notice” means, if the owner is known, written notice sent to such owner, describing the personal property and requesting that such owner claim such property, such notice to be sent by registered mail, return receipt requested, to the owner's last known address. If the owner cannot be identified after diligent inquiry, “notice” means a notice published at least once a week for two consecutive weeks in a newspaper of general circulation in the County, stating that there will be a public sale of unclaimed personal property or found property. Such property shall be described generally in the notice, together with the date, time and place of the sale.
(d) Return of Found Property to Finders. When property has been found and delivered to the Sheriff or his or her duly authorized agent by a private person, and the owner of such property cannot be identified after sixty days following publication, at least once a week for two successive weeks in a newspaper of general circulation in the County, of the location and description of the found property, such finder shall be entitled to such found property. If such finder declines the return of such property, the property shall be disposed of in the same manner as unclaimed personal property.
(e) Sale or Donation. The Sheriff or his or her duly authorized agent is hereby authorized to dispose of unclaimed personal property, which has been in his or her possession for more than sixty days, by public sale. Prior to any such sale, the Sheriff or his or her duly authorized agent shall make a reasonable attempt to notify the rightful owner of the property, shall obtain from the Commonwealth's Attorney, in writing, a statement advising that the item is not needed in any criminal prosecution and shall cause to be published in a newspaper of general circulation in the County notice of such transfer, donation or sale, prior thereto. The sale of weapons shall be restricted to licensed firearms dealers, on such terms as the Sheriff may establish, consistent with accepted bidding procedures.
(f) Destruction of Property. The Sheriff or his or her duly authorized agent is hereby authorized to destroy such property which otherwise would be sold to the public pursuant to this section, if the Sheriff or his or her duly authorized agent determines that such property has no resale value or could not be sold. Property thus disposed of shall be accounted for in a manner to be prescribed by the Sheriff.
(g) Distribution of Proceeds of Public Sale. The Sheriff or his or her duly authorized agent shall pay from the proceeds of the sale the costs of advertisement, removal, storage, investigation as to ownership and liens and notice of the sale. The balance of funds shall be held by such officer for the owner and paid to the owner upon satisfactory proof of ownership.
If no claim supported by substantial proof of ownership has been made by the owner for the proceeds of such sale within sixty days of the sale, the remaining funds shall be deposited in the General Fund of the County. Any such owner shall be entitled to apply to the County within three years from the date of the sale, and, if timely application is made therefor, the County shall pay the remaining proceeds of the sale to the owner, upon proof of ownership of the sold property satisfactory to the Board of Supervisors, without interest or other charges. No claim shall be made nor shall any suit, action or proceeding be instituted for the recovery of such funds after three years from the date of the sale.
(Ord. 85-06. Passed 4-15-85; Ord. 98-01. Passed 3-18-98.)