(A) Request to conduct sale; hearing. The Police Chief shall file an application in the County District Court requesting the authority of the Court to conduct a sale of personal property which has a fair market value of more than its face value. The Police Chief shall attach to the application a list describing the property, including any identifying numbers and marks, the date the property came into possession of the Police Chief, the name of the owner and of the person in last possession, if different, and the address of the person, if known. The Court shall set the application for hearing not less than ten days nor more than 20 days after the filing of the application.
(B) Notice of hearing. In any instance where the property has an actual or apparent value of more than $100, at least ten days prior to the date of the hearing, notice of the hearing shall be sent by certified mail to each owner at the address as listed in the application. If the owner of any property with an actual or apparent value exceeding $500 is unable to be served notice by certified mail, then notice shall be provided by one publication in a newspaper of general circulation in the town. The notice shall contain a brief description of the property of the owner and the place and date of the hearing. The notice shall be posted at the assigned place for the posting of municipal notices and at two other public places in the town.
(C) Order authorizing disposal of property.
(1) If no owner appears and establishes ownership to the property at the hearing, then the Court shall enter an order authorizing the Police Chief to dispose of the property as follows:
(a) Donate property having a value of less than $500 to a not-for-profit corporation, as defined in 18 O.S., for use by needy families;
(b) Sell the personal property for cash to the highest bidder after at least five days’ notice of the sale has been published;
(c) Transfer the property to a third party agent under contract with the Town Board or the Police Chief for sale by internet or other electronic means, regardless of whether the sale structure or distribution site is within the state; or
(d) By any other means as determined appropriate by the Court, including, but not limited to, destruction.
(2) Regardless of the means of disposition, the Police Chief shall make a return of the donation or sale, and the order of the Court confirming the donation or sale shall vest title to the property in the recipient or purchaser. After payment of court costs and other expenses, the remainder of the money received from the sale of personal property shall be deposited in the municipal General Fund.
(D) Disposition of money or legal tender.
(1) All money or legal tender which has come into the possession of the Police Chief pursuant to the circumstances provided in § 33.004 of this chapter shall be transferred by the Police Chief to the Town Clerk-Treasurer for deposit in the municipal General Fund.
(2) Prior to any transfer, the Police Chief shall file an application in the District Court requesting the Court to enter an order authorizing the Police Chief to transfer the money for deposit in the municipal General Fund. The application shall describe the money or legal tender, the date the same came into possession of the Police Chief and the name of the owner and address of the owner, if known.
(3) Upon filing the application, which may be joined with an application as described in division (A) above, a hearing shall be set not less than ten days nor more than 20 days from the filing of the application.
(4) Notice of the hearing shall be given as provided in division (B) above. The notice shall state that upon failure of anyone to appear to prove ownership to the money or legal tender, the Court shall order the same to be deposited in the municipal General Fund. The notice may be combined with a notice to sell personal property as provided in division (A) above.
(5) If no one appears to claim and prove ownership to the money or legal tender at the hearing, then the Court shall order the same to be transferred to the municipal General Fund as provided in this division (D).
(Prior Code, § 6-1-4)