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HomeMy WebLinkAboutOrd1971-382 r I I I I CITY OF SEWARD~ ALASKA ORDINANCE NO. 382 AN ORDINANCE AMENDING SECTION 15-29 OF THE SEWARD CODE: OF ORDINANCES TO PROVIDE A PROCEDURE FOR DISPOSING OF ABANDONED PROPERTY WHEREAS, Section 15-29 of the Seward Code of Ordinances provides for the disposal of abandoned or stolen property which comes into the possession of the police depart- ment, and WHEREAS, Section 15-29 does not cover the disposal by the City of Seward of any abandoned property not comin~ within the possession of the police department, and WHEREAS, no other ordinance of the City of Seward provides for the disposal of such property, and WHEREAS, personal property is from time to time abandoned on city property or city streets, or otherwise comes into the possession of the city, NOW, THEREFORE, THE CITY OF SEWARD ORDAINS: Section 1. That the Seward City Code, Section 15-29 is hereby repealed and reenacted to read as follows: Sect~onJ5-29. _JJ~~osal of ~b~ndoned o~ stol~~-Eroperty; return- ing unclaimed prop~rty to finder. (a) Property in the possession of the police department. If there is any property in the possession of the police department that has been stolen and is not claimed by the owner within ninety (90) days without the conviction of the person for stealing the property, or if there is any property that has been abandoned and not claimed within ninety (90) days of the date on which the police department took possession thereof, or if property is found and delivered to the police department and ownerShip is not established within ninety (90) days on which the police department took possession, the pOlice chief shall, if the owner is not known, publish in a newspaper of ~eneral circulation In the city once a week for four consecutive weeks, that the property is in possession of the police department, and the property in possession of the police department may be sold at public auction at a time and place dated in the notice, or if the property is money. that it will be paid into the city treasury for deposit into the general fund. If, after notice 15 given as required herein, the property still remains un- claimed by the owner, if it is money, the chief of police shall pay such money to the city treasurer; except. that found money shall be returned to the finder upon request. If it is other property, the chief of police shall have the property sold at public auction; except that found property shall be returned to the finder upon request. All requests of finders regarding return of money shall be made to the chief of police prior to sale at pUblic auction. Any finder who fails to make his requests provided shall forfeit all right, title and interest to any found property. Before returning property to a finder or before paying any money to the city treasurer, the chief of police may require compensation of the proportionate cost of publication and sale attributable to the property or money delivered. Provisions of this section shall not apply to property coming into the possession of the police department which the chief of police determines to be dangerous or perishable. Such property may be disposed of immediately, without notice, in such manner as the chief of police determines to be in the public interest. (b) Other abandon~roperty. Any other abandoned property which is not turned over to the police department may be disposed of by the city manager in the followin~ manner: The city manager or his deputy shall first determine whether or not the property is in fact abandoned property. If the property has been abandoned, and appears to have some value, it shall be disposed of at pUblic auction in the same manner as provided in part (a) for property in the possession of the police department. If the property is not sold at pUblic auction, or if the city manager shall determine that it is valueless and unsellable at pUblic auction, it shall be disposed of as rubbish. Section 2. This ordinance shall take effect ten (10) days after passage and approval. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 13th day of September ,1971. ~~( Mayor FIRST READING: SECOND READING: ADOPTION: AYES: Skinner, NOES: non e ABSENT: non e August 9. 1971 August 23, 1971 September13, 1971 Vincent. Hu1m. Richardson. Hill. Hardy & Myr. G1ud AT'1'EST: APPROVED AS TO FORM: HUGHES, THORSNESS, LOWE, GANTZ & CLARK Attorneys for the City of Seward By Irving Bertram