If the animals so distrained are not claimed by the owner, or person in charge thereof, within five days after the posting or personal service of the notice provided for in the § 91.072, the Chief of Police, or person designated by him or her, shall proceed to sell the said animals at public auction to the highest bidder for cash after giving notice of such sale by publication thereof in one issue of a newspaper published in the city at least two days prior to said sale, which notice shall describe the property to be sold, the purpose of sale, and the day and hour appointed therefor. The proceeds of such sales after deducting all charges, fees, and expenses of advertising and selling, shall be paid to the Municipal Finance Officer by the person conducting the said sale, taking his or her receipt therefor to the Chief of Police, and if at any time within one year from the date of such sale the owner of the animal or animals so sold shall appear before the Common Council and make satisfactory proof, by affidavit or otherwise, that he or she was the owner of the animal or animals so sold, the city shall cause to be paid to him or her, the amount deposited with the Municipal Finance Officer, as hereinbefore provided, as the proceeds of the sale of such animal or animals, the same to be paid on a warrant properly identifying the fund for which the same is to be paid. The Municipal Finance Officer shall keep a separate and special account of all such funds so received.
(Prior Code, § 9.0104)