A. Any personal property identified by any law enforcement officer, code enforcement officer, or the city manager or designee, that is unattended or stored in violation of this chapter may be seized, impounded, and stored in accordance with the following procedure:
B. Pre-removal notice: Pre-removal notice will be deemed as provided if a written notice is provided to the person who is storing or claims ownership of the personal property, or is posted conspicuously on or near the personal property. The notice shall contain the following:
1. A general description of the personal property to be removed;
2. The location from which the personal property will be removed;
3. The date and time the notice was posted;
4. A statement that the personal property is being stored in violation of this code;
5. A statement that the personal property will be removed and impounded if not removed within twenty-four (24) or forty-eight (48) hours;
6. A statement that moving the personal property to another location in the public area will not constitute a removal of the personal property;
7. The contact information for any city official or designee to answer questions regarding the stored personal property, including claiming such property; and
8. A statement warning the owner that the personal property may be discarded if not claimed within ninety days of removal.
C. Twenty-four (24)/forty-eight (48) hour pre-removal notice: Any personal property stored in any right-of-way will be subject to removal twenty-four (24) hours after the pre-removal notice is posted. Any personal property stored in any prohibited area not in a right-of-way will be subject to removal forty-eight (48) hours after the pre-removal notice is posted.
D. Post-removal notice: Upon removal of personal property stored in violation of this chapter, written notice of the removal and impoundment of the personal property shall be conspicuously posted in the area where the personal property was removed or provided to the owner of the personal property. The written notice shall contain the following:
1. A general description of the personal property removed;
2. The date and approximate time the personal property was removed;
3. A statement that the personal property was stored in violation of this code;
4. The location where the removed personal property can be retrieved, including the address, telephone number, and an internet website address, if available, from which the owner may obtain information as to the removal and reclamation of the personal property; and
5. A statement that the personal property may be discarded if not reclaimed within ninety (90) days of the removal and impoundment.
E. The owner of personal property that has been removed and impounded will be permitted to retrieve the impounded personal property.
1. The owner of impounded personal property is permitted to reclaim their personal property by contacting the city through one of the contact methods provided in the pre-removal and post-removal notices to make arrangements for the retrieval of their property.
2. The owner of the personal property may repossess the personal property upon submitting satisfactory proof of ownership during the ninety (90) day holding period. A person may establish ownership by, among other methods, describing the location where the personal property was found and providing a specific and detailed description of the personal property, and providing valid proof of identity if that is required to determine ownership. If ownership cannot be determined to the satisfaction of the city manager or designee, they may refuse to return the personal property until ordered to do so by a court of competent jurisdiction; however, the city shall continue to hold the personal property until such a determination is made.
3. Reasonable accommodations will be made if the owner of impounded personal property is unable to reclaim their personal property within the ninety day period provided in this chapter.
F. The city may impound personal property seized in any manner designed for safe keeping of such personal property.
G. After the passage of ninety or more days, the property may be appropriated to the city for the city's use upon order of the city manager or designee, or the city may dispose of unclaimed personal property. The city shall not be required to undertake any search for, or return, any impounded personal property stored for longer than ninety (90) days. The city shall maintain records of the dates impounded personal property was removed and discarded.
(Ord. 24-1075)