Section 3-4-5 Unclaimed Personal Property
A. Personal Property shall be deemed abandoned if the owner thereof fails to make satisfactory claim and proof of ownership within 30 days after the giving of notice as provided below.
B. The Town Manager or authorized designee having in his possession Personal Property shall from time to time prepare a notice in writing containing the following information:
1. Contact information for the Town Employee responsible for the property.
2. A description of the Personal Property that has come into the possession of the Town since giving of the last periodic notice.
3. A demand that all owners of the property described in the notice make claim and proof of ownership satisfactory to the Town Manager or authorized designee within 30 days from the date of the notice.
4. A statement that any of the described Personal Property not claimed within such 30-Day period shall be deemed to be abandoned, and that the same may be sold at public auction or otherwise disposed of in accordance with this Article.
5. The notice shall be published in a newspaper of general circulation in the Town at least once each week for two consecutive weeks and copies thereof shall be posted in three public places within the corporate limits of the Town, including the Town’s website, and a copy of such notice shall be mailed to the owner, if known, at his/her last known mailing address.
C. Claim and proof of ownership.
1. Except as provided in this Article, if the Personal Property described in the notice in Subsection 3-4-5(B) above remains in the possession of the Town Manager or authorized designee without any person making satisfactory claim and proof of ownership therefor for a period of 30 days from the date of the notice provided as set forth in Subsection 3-4-5(B), the Personal Property shall be deemed to be abandoned, and title thereof shall be deemed to be in the Town by reason of abandonment by the owner and possession by the Town.
2. When dealing with property that is lost, found by a person not the owner (hereinafter referred to as the “finder”) and then turned over to the Town, the finder shall be deemed to have made satisfactory claim and proof of ownership to be entitled to possession of the Personal Property at the end of 30 Days from the date of the notice in Subsection 3-4-5(B). However, the finder’s claim and proof of ownership under this Subsection shall be inferior to and subject to a satisfactory claim and proof of ownership by any owner of the Personal Property.
3. Upon delivery of the property to the finder as provided in this Section, the Town shall have no further interest in, or obligations with respect to, the property. The Town shall, however, provide the name and address of the finder and the location of the property, if known, to any person making a satisfactory claim and proof of ownership subsequent to the delivery of the property to the finder.
D. Any abandoned Personal Property may, at the election of the Town, be (i) donated to a nonprofit charitable entity or other governmental entity or (ii) sold at public auction (which may include an on-line auction) to the highest bidder after ten days’ notice given in the same manner as provided in Subsection 3-4-5(B) above, which notice shall contain the following information:
1. Contact information for the Town Employee responsible for the property.
2. A description of the property to be sold.
3. The date, time, place of the sale and the person to conduct the same.
4. A statement that the described Personal Property is deemed to be abandoned and that the same will be sold at public sale to the highest cash bidder.
E. The sale provided for herein shall be at public auction (which may include an on-line auction) to the highest bidder for cash, but in no event shall any item be sold for less than the cost of advertising and selling. The Town reserves the right to reject any and all bids.
F. The Town Manager or authorized designee conducting the sale shall maintain a complete and accurate record of the sale which shall include the description of the Personal Property sold, the name and address of the purchasers, the sale price of each item sold and the costs of the sale.
G. The Town Manager or authorized designee conducting the sale shall execute and deliver or cause to be delivered a certificate of sale to the purchaser of each item of Personal Property, which certificate shall describe the item in the same manner as the notice of sale and shall recite the purchase price paid, the name and address of the purchaser and the date of the purchase. Such certificate shall pass the title to the item to the purchaser.
H. All moneys received from sales of Personal Property as provided for in this Article shall be immediately paid over to the Town finance division and retained in a separate account for at least six months. Upon the expiration of such time, unless sooner claimed as herein provided, such moneys shall be paid into the general fund of the Town.
I. Should any person within six months from the date of the public sale of any item of Personal Property make a valid claim thereto and establish ownership, the sum of money for which the item sold shall be paid over to such person, less the costs of advertising and selling. In no event shall any claim be considered unless it shall be presented to the Town Manager in writing under oath and before the expiration of six months from the date of the sale of the item claimed. Once such amounts are paid by the Town, the Town shall have no further obligation relating to the property.
J. Items for which no bids are received may be deemed to be of no intrinsic or monetary value and may be disposed of in any manner deemed appropriate by the Town Manager.
K. Items useful or necessary to the Town may be retained by the Town for its use.
L. Each person performing any action provided for in this article shall make affidavit thereof which shall be prima facie evidence of the facts alleged in the affidavit. (13-04, Amended, 11/21/2013)