(A) Authority. Pursuant to the provisions of VA Code §§ 15.2-1719 and 15.2-1720, as amended, the Northampton County Board of Supervisors may adopt an ordinance to provide for the disposal of unclaimed personal property in the possession of the Sheriff by:
(1) Public sale in accordance with the provisions of this section; or by
(2) Retention for use by the law enforcement agency of any unclaimed personal property which has been in the possession of its law enforcement agencies and unclaimed for a period of more than 60 days.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
UNCLAIMED PERSONAL PROPERTY. Any personal property belonging to another which has been acquired by a law enforcement officer pursuant to his 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, VA Code § 55-210.1, as amended.
(C) Procedure. Prior to the sale or retention for use by the law enforcement agency of any unclaimed item, the Sheriff or his duly authorized agent shall:
(1) Make reasonable attempts to notify the rightful owner of the property;
(2) Obtain from the Attorney for the Commonwealth in writing a statement advising that the item is not needed in any criminal prosecution;
(3) Cause to be published in a newspaper of general circulation in the county once a week for two successive weeks notice that there will be a public display and sale of unclaimed personal property. Such property, including property selected for retention by the law enforcement agency, shall be described generally in the notice, together with the date, time and place of the sale and shall be made available for public viewing at the sale.
(D) Disposition of proceeds.
(1) The Sheriff or his 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 sale. The balance of the funds shall be held by such officer for the owner and paid to the owner upon satisfactory proof of ownership.
(2) Any unclaimed item retained for use by the law enforcement agency shall become the property of Northampton County and shall be retained only if in the opinion of the Sheriff that there is a legitimate use for the property by the agency and that retention of the item is a more economical alternative than purchase of a similar or equivalent item.
(3) If no claim has been made by the owner for the property or proceeds of such sale within 60 days of the sale, the remaining funds shall be deposited in the General Fund of Northampton County and the retained property may be placed into use by the law enforcement agency. Any such owner shall be entitled to apply to Northampton County within three years from the date of the sale and, if timely application is made therefore and satisfactory proof of ownership of the funds or property is made, Northampton County shall pay the remaining proceeds of the sale or return the property to the owner without interest or other charges or compensation.
(4) No claim shall be made nor any suit, action, or proceeding be instituted for the recovery of such funds or property after three years from the date of the sale.
(E) Bicycles and the like. The Sheriff may dispose of any bicycle, electric power-assisted bicycle or moped that has been in the possession of the Sheriff’s office or any law enforcement agency of the county, unclaimed, for more than 30 days by retention of or public sale of the item as provided in divisions (B), (C) and (D) above or by donation of such items to a charitable organization in accordance with VA Code § 15.2-1720.
(Ord. passed 5-13-2002)