§ 2-101. Time of retention; procedure for disposal.

If the property remains unclaimed for a period of one (1) year from the date of its acquisition by the police department, it shall be disposed of in the following manner:

(1)

The city shall cause an advertisement of its intention to seek court approval for the disposal of the property to be published once in the official journal of the municipality and shall mail a copy of such notice to the person last known to be the owner, holder or possessor of the property, if known, postage prepaid. The notice shall contain a brief description of the property subject to disposal, the court in which the petition for disposal is to be filed, and a statement that a judgment authorizing the disposal will be entered if no opposition is entered within ten (10) days following the filing of the petition. A petition for disposal may be filed no sooner than ten (10) days following publication of the notice.

(2)

The petition for disposal shall be filed in the court having the proper jurisdiction for such disposal.

(3)

The petition for disposal shall set forth a brief description of the items to be disposed of, the date of acquisition by the city, the date of publication of the required notice, a statement concerning the identity of the former owner, if known, and the recommendation of disposal.

(4)

If no opposition to the petition for disposal is entered or filed within ten (10) days following the filing of the petition, the court may enter an ex parte order authorizing the disposal or order such other relief as the court deems appropriate.

(5)

The costs of the proceeding may be derived from the disposal. All funds remaining shall be deposited in the general fund of the city.

(Ord. No. 92-05, 4-21-92)