(a) Any property, other than contraband that is subject to the provisions of Ohio R.C. 2933.43 and other than property that has been lawfully seized in relation to a violation of Ohio R.C. 2933.42, or forfeited pursuant to Federal law, and required to be used for law enforcement purposes, including money, which apparently has been lost or abandoned, may be placed in the custody of the Police Division by any person finding or recovering the same. A member of the Division receiving such property shall enter in a book kept for that purpose a description of the property, the date received, the name and address of the person from whom received and the member of the Division receiving the property, and shall furnish to such person a receipt containing the same information. Property so received shall be retained for not less than ninety days in a place designated by the Chief of Police for that purpose and, if not claimed by the rightful owner or other person entitled to possession thereof within that time, shall be returned to the person from whom it was received. Upon return of the property to the owner or other person entitled to possession thereof or to the person from whom it was received, an entry to that effect shall be made in the book above described and a receipt for the property shall be obtained from the person to whom it is delivered.
The Division may decline to accept custody of any property for which no suitable storage facilities are available, but may instead enter in a book kept for that purpose a description of the property and the location where the rightful owner or other person entitled thereto may claim possession of the property.
(Ord. 90-16. Passed 5-8-90.)
(b) Any property, including money and except motor vehicles, which has apparently been stolen, embezzled, obtained under false pretenses or otherwise unlawfully obtained or abandoned, and which is recovered by any member of the Police Division shall be retained in the custody of the Division for a period of not less than ninety days in a place designed for that purpose by the Chief of Police and shall be returned to the owner or other person entitled to possession thereof upon proper proof of ownership or right of possession, except that such property may be retained in the custody of the Division or a court so long as it may be required as evidence in any court. Upon recovery of any such property there shall be entered in a book kept for that purpose by the Division a description of the property, the date it was recovered, the circumstances under which it was recovered, and the person, if any, from whom it was recovered. Upon delivery of the property to the owner or other person entitled to possession thereof, an entry to that effect shall be made in the book above described and a receipt for such property shall be obtained from the person to whom it is delivered.
(c) Any apparently stolen or abandoned motor vehicle recovered by a member of the Police Division shall be retained for a period of ninety days in a place designated for such purpose by the Chief of Police and shall be returned to the owner or other person entitled to possession thereof upon presentation of proper proof of ownership or right to possession, except that such motor vehicle may be retained in the custody of the Division or a court so long as it may be required as evidence in any court. Upon recovery of such a motor vehicle there shall be entered in a book kept for that purpose by the Division a description of the motor vehicle including manufacturer's serial number, the date it was recovered, the circumstances under which it was recovered and the person, if any, from whom it was recovered. Upon delivery of the motor vehicle to the owner or other person entitled to possession thereof, an entry to that effect shall be made in the book above described and a receipt for such motor vehicle shall be obtained from the person to whom it is delivered.
(d) No motor vehicle shall be disposed of as provided in subsection (e) hereof until a search of the records of the Ohio Bureau of Motor Vehicles has been made; and
(1) The title owner, if known, has been notified by certified mail, return receipt requested, of such proposed disposition; and
(2) Any mortgage or lienholder, if known, has been notified by certified mail, return receipt requested, of such proposed disposition.
Such notification shall be made not less than thirty days prior to the disposition of any such motor vehicle.
(e) Any property or motor vehicle which is not claimed by and returned to the owner or other person pursuant to the foregoing provisions of this section shall be sold at public auction by the Chief of Police or a licensed auctioneer after giving due notice thereof by advertisement, published once a week for three consecutive weeks, in a newspaper of general circulation in the City and in Lake County, except that upon the recommendation of the director of any department of the City and the written approval of the Mayor such property may be retained for the use of the City. Such property may, when no longer needed for any Municipal purpose, be disposed of in the same manner as other Municipal property. The proceeds of the sale of any property pursuant to this section shall be paid to the Director of Finance and credited to the General Fund.
(f) Prior to the release of any property, money or motor vehicle to any person pursuant to the provisions of this section, all liens and claims upon such property, money or motor vehicle in favor of the City shall be discharged and satisfied, and a reasonable fee for the storage and other costs of preserving such property, money or motor vehicle may be charged to the claimant, except that no such fee shall be charged to a person placing property in the custody of the Police Division pursuant to subsection (a) hereof. The proceeds from such fees shall be paid to the Director of Finance and credited to the General Fund.
(g) No member of the Police Division shall neglect or refuse to deposit or account for property, money or motor vehicles recovered or placed in his custody as provided in this section.
(h) The provisions of this section as to disposition of property, money or motor vehicles shall be applicable to property, money or motor vehicles in the custody of the Police Division as of the effective date of this section.
(Ord. 69-58. Passed 7-16-69.)