ORD CC 09/13/77 - Abandoned propertyw
ORDINANCE NO. 77 -20
AN ORDINANCE AMENDING CHAPTER 13 OF THE
CODE OF ORDINANCES OF THE CITY OF HUNTSVILLE
BY ADDING A NEW SECTION TO GE ENTITLED
DISPOSITION OF ABANDONED OR UNCLAIMED PROPERTY
AND CONTAINING THE PROCEDURE FOR DISPOSAL OF
ABANDONED OR UNCLAIMED PROPERTY, AND SETTING
AN EFFECTIVE DATE.
BE IT ORDIANED by the City Council of the City of Huntsville
that Chapter 13 of the Code of Ordinances of the City of Huntsville
be amended by adding a new section to be numbered Section 13 -41, and
to read as follows:
Section 13 -41 DISPOSITION OF ABANDONED OR UNCLAIMED PROPERTY
(a) All unclaimed or abandoned personal property of every kind,
except whiskey, wine and beer, seized by any City of Huntsville peace
officer which is not held as evidence to be used in any pending case
and has not been ordered destroyed or returned to the person entitled
to possession of the same by a magistrate, which shall remain unclaimed
for a period of 30 days shall be delivered for sale to the purchasing
agent of the City of Huntsville.
(b) The purchasing agent shall mail a notice to the last known
address of the owner of such property by certified mail. Such notice
shall describe the property being held, give the name and address of
the officer holding such property, and shall state that:if the owner
does not claim such property within six months from the date of the
notice such property will be sold at public auction and the proceeds
of such sale, after deducting the reasonable expense of keeping such
property and the costs of the sale, placed in the general fund of said
City.
(c) If the owner of such property is unknown or if the address
of the owner is unknown, then the purchasing agent shall cause to be
published once in a paper of general circulation in the County a notice
containing a description of the property held, the name of the owner
if know, the name and address of the officer holding such property,
and a statement that if the owner does not claim such property within
six months from the date of the publication such property will be
sold at public auction on a certain date and time and the proceeds of
such sale, after deducting the reasonable expense of keeping such
property and the costs of the sale, placed in the general fund of the
City of Huntsville.
•
(d) The sale of any property hereunder shall be preceded
by a notice published once at least three weeks prior to the date
of such sale in a newspaper of general circulation in the county
stating the description of the property, the names of the owner if
known, and the date and place that such sale will occur. If the
purchasing agent shall consider any bid as insufficient, he need not
sell such property but may decline such bid and reoffer such property
for sale.
(e) The real owner of any property sold shall have the right
to file a claim to the proceeds of such sale with the City Council
of the City of Huntsville at any time within two years of such sale.
If the claim is allowed the Director of Finance shall pay the owner
such funds as were paid into the general fund as proceeds of the sale.
If the claim is denied, the claimant may sue in a Court of competent
jurisdiction in the county, and upon sufficient proof of ownership,
recover judgment against such city for the recovery of the proceeds
of the sale.
PASSED AND APPROVED IN OPEN COUNCIL on this the ? day of
1977.
(SEAL)
ATTEST:
.d
Ruth ieShaw, City Secretary
ROVED AS TO FORM:
By:
CITY OF HUNTSVILLE
M Mayor
Martin D. Colley, City Attorney