§ 2-240. Procedure of disposition of property.  


Latest version.
  • (a)

    Prior to disposition of any unclaimed property having an estimated value of $100.00 or more, the city manager shall send a written notice by certified mail, return receipt requested, to the last known address, if any, of any owner of unclaimed property. The last known address of the owner shall be the last address of the owner as shown by the records of the department or agency holding the property. The notice shall include a description of the property, the amount or estimated value of the property, and, when available, the purpose for which the property was deposited or otherwise held. The notice shall state where the owner may make inquiry of or claim the property. The notice shall also state that if the owner fails to provide the city manager with a written claim for the return of the property within 60 days of the date of the notice, the property shall become the sole property of the city and any claim of the owner to such property shall be deemed forfeited.

    (b)

    Prior to disposition of any unclaimed property having an estimated value of less than $100.00 or having no last known address of the owner, the city manager shall cause a notice to be published in a newspaper of general circulation in the city. The notice shall include a description of the property, the owner of the property, the amount or estimated value of the property and, when available, the purpose for which the property was deposited or otherwise held. The notice shall state where the owner may make inquiry of or claim the property. The notice shall also state that if the owner fails to provide the city manager with a written claim for the return of the property within 60 days of the date of the publication of the notice, the property shall become the sole property of the city and any claim of the owner to such property shall be deemed forfeited.

    (c)

    If the city manager receives no written claim within the above 60-day claim period, the property shall become the sole property of the city and any claim of the owner to such property shall be deemed forfeited.

    (d)

    If the city manager receives a written claim within the 60-day claim period, the city manager shall evaluate the claim and give written notice to the claimant within 90 days thereof that the claim has been accepted or denied in whole or in part. The city manager may investigate the validity of a claim and may request further supporting documentation from the claimant prior to disbursing or refusing to disburse the property.

    (e)

    In the event that there is more than one claimant for the same property, the city manager may, in the city manager's sole discretion, resolve said claims, or may resolve such claims by depositing the disputed property with the register of the district court in an inter-pleader action.

    (f)

    In the event that all claims filed are denied, the property shall become the sole property of the city and any claim of the owner of such property shall be deemed forfeited.

    (g)

    Unclaimed property with a value of less than $100.00 may be disposed of as deemed appropriate by the city manager.

(Code 1985, § 2-14-3)