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HomeMy WebLinkAbout1969-17 07-28 CCO CITY OF BROOKLYN CENTER ORDINANCE NO.69 -17 AN ORDINANCE AMENDING CHAPTER 2 OF THE CITY ORDINANCES REGARDING UNCLAIMED PROPERTY AND MOTOR VEHICLES THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1: Chapter 2 of the City Ordinances is hereby amended by the repeal of the following: (Section 2 -101. CUSTODY OF FOUND PROPERTY OTHER THAN ANIMALS. The Village Administrator shall make provisions for receiving and safekeeping found property and money delivered to him and coming into his possession in the course of municipal operations. A receipt shall be issued to the person delivering such property or money to the Village. Such property shall be stored in a safe place and such money deposited with the Village Treasurer in a special account for found money for a period of six months unless claimed by the true owner. It shall then be subject to disposal under this ordinance as unclaimed property or money.) (Section 2 -102. CLAIMS BY OWNER. During such six month period, the Village Administrator may deliver such property or order such money paid to the true owner upon proof of ownership satisfactory to the Administrator, after ten days notice by mail to any person who has asserted a claim of ownership. The Clerk shall not issue any order for the dispersment of such money without the written order of the Village Administrator. If ownership cannot be determined to his satisfaction, the Administrator may refuse to deliver such property or order the payment of such money to anyone until ordered to do so by a Court.) (Section 2 -103. tlAjm BY FINDER. If the true owner does not claim the property or money during this six month period, the Adminis- trator may deliver the property or order the money to be paid to the person who delivered it to the Administrator if at the time of delivery such person indicated in writing that he wished to assert a claim to the property or money as a finder.) (Section 2 -104. TRANSFER TO GENERAL FUND. If any such money is not claimed by the true owner or finder within the six month period, the Village Administrator shall notify the Clerk and. the. money shall then be transferred to the General Fund of the Village.) Ordinance No. 69 -17 (continued) (Section 2 -105. SALE. After the six month period, property not delivered to the true owner or finder shall be sold by the Village Administrator at public auction or appropriated to the use of the Village. The Administrator shall give one week published notice of the auction in the official newspaper. The notice shall describe the article to be disposed of and announce the date, time and place of the auction. Instead of being sold at auction, any article or property may be appropriated to the use of the Village by any Depart- ment in need thereof upon approval of such appropriation by the Village Council.) (Section 2 -106. DISPOSITION OF PROCEEDS. After the auction has been completed, the Village Administrator shall remit the proceeds of the auction to the Village Treasurer for deposit in the General Fund. Any property offered for sale but not sold and not suitable for appropriation to the us e of Village shall be deemed to be of no value and shall be disposed of in such manner as the Village Administrator directs.) (Section 2 -107. CLAIM BY OWNER AFTER AUCTION. The true owner ` of property sold at auction under section 5, shall , upon application to the Clerk within six months of the auction and upon satisfactory proof of ownership, be paid the sale price from the General Fund.)_ (Section 2 -108. SUMMARY DISPOSAL. The Village Administrator may, without notice and in such manner as he determines to be in the public interest dispose summarily of any property coming into his possession which he determines to be dangerous or perishable. He shall make a record of the pertinent facts of the receipt and disposal of such property.) - (Section 2 -109. REPEAL. Sectior0 2 -101, 2 -102, 2 -103 and 2 -104 of Chapter 2 of the Ordinances of the Village of Brooklyn Center adopted December 30th, 1957 and entitled "An Ordinance Providing for the Disposal of Abandoned Property Held By the Village" are hereby repealed.) Section 2: Chapter 2 of the City Ordinances is hereby amended by the addition of the following: AN ORDINANCE PROVIDING FOR THE CUSTODY AND DISPOSAL OF PROPERTY COMING INTO THE POSSESSION OF THE CITY OF BROOKLYN CENTER AND REMAINING UNCLAIMED Section 2 -101. CUSTODY OF FOUND PROPERTY. EXCEPTING ANIMALS AND MOTOR VEHICLES. The Citv Manager shall establish administrative Ordinance No. 69-17 (continued) provisions for receiving and safekeeping found property and money coming into possession of the City of Brooklyn Center in the course of its municipal operations. A receipt shall be issued to the person finding such property or money and causing it to be delivered to the custody of the City. Such property shall be stored in a safe place and such money deposited with the City Treasurer for a period of three (3) months unless claimed by the true owner. Upon expiration of the three (3) month period, said property or money shall be subject to disposal under this ordinance as unclaimed property or money. Section 2 -102. CLAIMS BY OWNER. During such three (3) month period, the City Manager may deliver such property or order such money paid to the true owner thereof upon proof of ownership satis- factory to the City Manager, after ten (10) days notice by mail to other persons who may have asserted a claim of true ownership. In the event ownership cannot be determined to the satisfaction of the City Manager, he may refuse to deliver such property or order the payment of such money to anyone until ordered to do so by a court. Section 2 -103. CLAIM BY FINDER. If the true owner does not claim property or money during the three (3) month period, the City Manager may release such unclaimed property or order such unclaimed money to be paid to the person who found same, if at the time of delivery to the City of Brooklyn Center such finder indicated in writing that he wished to assert a claim to the or money as a finder. Section 2 -104. TRANSFER OF UNCLAIMED MONEYS TO GENERAL FUND. If any such money is not claimed by the true owner or by the finder within the three (3) month period, the City Manager shall cause such money to be transferred to the General Fund of the City. Section 2 -105. PUBLIC SALE OF UNCLAIMED PROPERTY. Upon expiration of the three (3) month period, unclaimed property remaining in the possession of the City of Brooklyn Center shall be appropriated for City use upon approval of the City Council or, shall be sold at public sale by the City Manager. The City Manaqer shall cause one week Published notice of the public sale in the official newspaper, describing therein the article to be sold and the date, time and place of the sale. Any unclaimed property offered for public sale but not sold, and not suitable for a for City use, shall be deemed to be of no value and shall be disposed of in such manner as the City Manager directs. Ordinance No.69 -17 (continued) Section 2 -106. DISPOSITION OF PROCEEDS. Upon completion of a public sale of unclaimed property, the Citv Manager shall cause the proceeds therefrom to be deposited in the General Fund of the City. Section 2 -107. CLAIM BY FORMER OWNER AFTER PUBLIC SALE. The former true owner of property sold at public sale according to the provisions of Section 2 -105 shall, up app lication to the City Clerk within 6 months of the date of public sale and upon furnishing satisfactory proof of former ownership, be paid the respective sale Price proceeds from the General Fund of the City Section 2 -108. SUMMARY DISPOSAL. The City Manager may, without notice and in such manner as he determines to be in the public interest, dispose summarily of anv property coming into his possession which he determines to be dangerous or perishable. He shall make a record of the pertinent facts of the receipt and disposal of such property. Section 2 -201. CUSTODY OF UNCLAIMED MOTOR VEHICLES. The City Manager shall establish administrative provisions for receiving and storing unclaimed motor vehicles comina into the possession of the City of Brooklyn Center in the course of its municipal operations. He shall mail to the reaistered owner, if anv, as shown on the records of the State Registrar of Motor Vehicles, notice of possession of the motor vehicle and the intent of the City of Brooklyn Center to disp ose of said motor vehicle. Section 2 -202. CLAIMS BY OWNER. At any time within a period of not less than 30 days after the mailing of notice to the registered - if any, said owner may claim his vehicle upon furnishing satisfactory proof of ownership to the City Manager. Section 2 -203. PUBLIC SALE OF UNCLAIMED MOTOR VEHICLES. Upon expiration of a period of not less than 30 days after the mailing of notice to the registered owner, if any, an unclaimed motor vehicle shall be sold to the highest bidder at public sale by the City Manager. The City Manager shall cause one week published notice of the public sale in the official newspaper, said notice announcing the date, time and place of the public sale. i Ordinance NO. 69 -17 (continued) Section 2 -204. DISPOSITION OF PROCEEDS. Upon completion of public sale of unclaimed motor vehicles, the Citv Manaqer shall cause the net proceeds thereof to be deposited in the General Fund of the Citv. The net proceeds shall be the sale price less anv costs of handling, storing, or sale of such unclaimed vehicle. Section 2 -205. CLAIM BY FORMER OWNER AFTER PUBLIC SALE. The net proceeds of a respective unclaimed motor vehicle which has been sold at public sale shall be paid to the former owner thereof upon application to the Citv Clerk and upon furnishing satisfactory proof of ownership within 6 months of the date of respective public sale. Section 3: This ordinance shall become effective after adoption and upon thirty days following its legal publication. Adopted this 28th day of July 1969. Mayor ATTEST: — �e City Clerk Published in the Official Newspaper July 17, 1969 Effective Date August 16, 1969 (Brackets indicate matter to be deleted, underline indicates new matter) i