(A) Definition. For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
ABANDONED PROPERTY. Tangible or intangible property that has lawfully come into the possession of the city in the course of municipal operations, remains unclaimed by the owner, and has been in the possession of the city for at least 60 days and has been declared so by a resolution of the Council.
(B) Preliminary notice.
(1) If the City Clerk/Administrator knows the identity and whereabouts of the owner, he or she shall serve written notice upon him or her at least 30 days prior to a declaration of abandonment by the Council.
(2) If the city acquired possession from a prior holder, the identity and whereabouts of whom are known by the City Clerk/Administrator notice shall also be served upon him or her.
(3) The notice shall describe the property and state that unless it is claimed and proof of ownership, or entitlement to possession established, the matter of declaring it abandoned property will be brought to the attention of the Council after the expiration of 30 days from the date of the notice.
(C) Notice and sale.
(1) Upon adoption of a resolution declaring certain property to be abandoned property, the City Clerk/Administrator shall publish a notice thereof describing the same, together with the names (if known) and addresses (if known) of prior owners and holders thereof, and including a brief description of the property.
(2) The text of the notice shall also state the time, place and manner of sale of all property, except cash and negotiables.
(3) The notice shall be published once at least 3 weeks prior to sale. Sale shall be made to the highest bidder at public auction or sale conducted in the manner directed by the Council in its resolution declaring property abandoned and stated in the notice.
(D) Fund and claims thereon.
(1) All proceeds from the sale shall be paid into the general fund of the city and expenses thereof paid therefrom.
(2) The former owner, if he or she makes claim within 8 months from the date of publication of the notice herein provided, and upon application and satisfactory proof of ownership, may be paid the amount of cash or negotiables or, in the case of property sold, the amount received therefor, less a pro rata share of the expenses of storage, publication of notice, and sale expenses, but without interest.
(3) The payment shall be also made from the general fund.
(Prior Code, § 11.302) (Am. Ord. 330, passed 4-5-2010; Am. Ord. 336, passed 6-6-2016)