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(A) Property subject to the provisions of this section. The provisions of this section as set forth below shall have application only to items of personalty:
(1) Which were related to a criminal proceeding as to which a final judgment has been entered which is no longer subject to appeal;
(2) Which were related to a contemplated criminal proceeding which did not come to fruition;
(3) Which have not been ordered to be either destroyed or forfeited by the court in the related criminal proceeding; or
(4) Which are not firearms, contraband, or specie.
(B) Procedures governing disposition.
(1) The custodian shall give written notice sent by first class mail to the lawful owner or lawful claimant of the personalty if the identity of such person is known. If there is a name and address of the lawful owner or claimant in the police file related to the personalty notice shall be sent to that person and at that address. If there is a name in the file but no address, notice shall be sent to that person at the address on the person's driver's license. Such written notice shall describe the personalty in question and shall advise that unless the personalty is claimed by the person to whom the notice was sent within 90 days of the date of the notice, the personalty shall be deemed abandoned and forever released to the city.
(2) The police department, following the expiration of such 90 days, shall either destroy the personalty or proceed with its sale by auction advertised in accordance with the provisions set forth in Chapter 424 of the Kentucky Revised Statutes. In no instance shall any such personalty be disposed of in any other fashion. All net sales proceeds shall be remitted to the City Department of Finance and deposited into the general fund.
(3) If the name and address of the lawful owner or lawful claimant does not appear in the police files related to the personalty in question, the custodian or other employees of the police department shall make reasonable efforts to ascertain such identity and address and, if such efforts are successful, notice shall be given to such person as is set forth above in division (B)(1). If after such reasonable efforts the identity and address remain unknown, the personalty, after it has remained in the possession of the custodian for a period of time greater than 90 days, shall be deemed abandoned and forever released to the city. In such event, the personalty shall be disposed of in the manner set forth in division (B)(2), above.
(Ord. 17-07, passed 4-11-17)