Except as otherwise provided, the Chief of Police or his authorized agent, shall, on June 20, 1979, and thereafter on the third Wednesday in April, and the third Wednesday in October, in successive years, sell at public auction, at the main Pavilion in the City Park, or such other place as designated by the Chief, all property of every kind, recovered and/or confiscated by the police, pursuant to any police investigation including any property introduced or offered into evidence at the hearing or trial of any matter or case before any circuit court or municipal court and remaining in the possession of the police and which has not previously been disposed of under the laws of the State or by proper claim made by any person, firm or corporation offering sufficient proof of ownership thereof. None of the property described in this section shall be sold within thirty days after the same has been recovered or confiscated by the police, provided, that where such property has been introduced or offered into evidence at the hearing or trial of any matter or case before any circuit court or municipal court as aforesaid, such property shall not be sold for a period of thirty days after the expiration of the time within which an appeal may be taken from any final order or judgment in such matter or case, if no appeal is taken therefrom, or thirty days after any final order or judgment of an appellate court, if such appeal is taken. No separate item of property described herein shall be sold until the sale thereof shall have been advertised as a Class II-0 legal advertisement provided for in W. Va. Code 59-3-2 et seq., the advertisement to contain a complete description of the property to be sold.
The Chief shall have control over the terms of the sale of all items as aforesaid and upon completion of such sale, shall make a full and complete report of all such sales and pay the proceeds thereof to the Director of Finance, and take from him a receipt therefor. The proceeds of the sale, less the costs of the advertisement and the necessary and incidental costs of the public auction if assumed by the Police Department shall be deposited in the General Fund as miscellaneous income.
(Ord. A-3981. Passed 5-22-79.)