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HomeMy WebLinkAboutO-1645ORDINANCE NO. AN ORDINANCE TO ESTABLISH AND ADOPT POLICIES FOR "ABANDONED AND STOLEN PERSONAL PROPERTY" IN THE CITY OF FAIRHOPE CORPORATE LIMITS AND ITS POLICE JURISDICTION BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA, pursuant to Section 11-47-116, Code of Alabama 1975, as follows for the City of Fairhope Corporate limits and its Police Jurisdiction: Section 1. Storage and Disposal of Stolen and Abandoned Property. (a) Generally - Every item of personal property taken up or coming into the possession of any police officer of the City in his official capacity as lost, stolen abandoned or otherwise, shall be delivered to the custody of the Chief of Police or the Chiefs designated representative and shall be stored and disposed of according to the provisions of this section. (b) Storage - Property taken up as provided in subsection (a) of this section shall be stored by the Chief of Police or the Chiefs designated representative in a suitable place to protect it from deterioration and held for a period of not less than three (3) months, excepting, however, that perishable property may be sold at once as provided in subsection (d) of this section. (c) Sale - at least every six (6) months, the Chief of Police; or the Chiefs designated representative shall sell at public auction, to the highest bidder for cash, the property which has been taken up and stored for a period of three (3) months or more as provided in this section, such sales to be made after notice of the time and place thereof shall have first been given as required by law. Each article shall be sold separately and the person making the sale shall have the right to reject any and all bids if the amount bid is unreasonably low, and shall have the right to continue the sale from time to time if all bids are rejected or if no bidders are present. The proceeds of any such sale shall be promptly paid into the general fund of the City. (d) Perishable Property - If property in the possession of the Chief of Police as provided in this section is perishable, the Chief of Police or the Chiefs designated representative may sell such property at public or private sale at once and without notice, in which case the proceeds shall be promptly paid to the City Clerk and there held for a period of six (6) months for the account of the owner and, if not called for within that time, shall be converted into the general fund of the City. (e) Redemption by Owner - The owner of any property taken up and stored under this section, on proof of ownership, or any person having the legal right to possession thereof, on proof of such right, may redeem the same at any time prior to sale by paying the reasonable expense of taking the property in charge, its maintenance and storage, and a pro rata share of the cost of publication if notice of sale has been published. (f) Record Book - The Chief of Police shall maintain a permanent storage record book containing a description of the property, the date of the taking of each piece of such property, the place where found and taken, the name of the person to whom the property is sold or delivered, and the price paid if such property was disposed of by sale.