BIL 193 Draft 01 2012-2014 - Laserfiche WebLink

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Section 14-. Holding and disposal of impounded personal property. (a) Impounded personal property shall be moved and held for safe keeping, and the owner of such property shall be assessed moving, holding, and other related fees and costs. Additionally, the owner of impounded personal property shall bear the responsibility for the risk of any loss or damage to the impounded property. (b) Any personal property impounded by the director may be disposed of immediately and without notice, in a manner that the director determines to be in the public interest, when such personal property is perishable, contraband pursuant to state and federal law, evidence in a criminal investigation after there is no longer a need to retain the items for purposes of prosecution, or constitutes an immediate threat to the public health or safety. (c) Impounded personal property that remains unclaimed thirty days after the date of impoundment shall be deemed abandoned and may be sold at public auction or otherwise disposed of in such manner as the director deems appropriate. (d) The department shall maintain a record of the date and method of disposal of the impounded personal property, including the consideration received for the property, if any, and the name and address of the person taking possession of the property. Such record shall be kept as a public record for a period of not less than one year from the date of disposal. Section 14- . Proceeds of sale. All fees and unpaid rent, debts, and charges owing and all expenses of handling, holding, appraisal, advertising, and other sale expenses incurred by the department shall be deducted from the proceeds of any sale of the impounded property. Any amount remaining shall be deposited into the general fund. Section 14-_. Repossession. The owner or any other person lawfully entitled to the impounded personal property may repossess the property prior to its disposal upon submitting satisfactory proof of ownership or entitlement and payment of all unpaid rent, debts, and charges owing and all handling, holding, appraisal, advertising, and other expenses incurred by the department in connection with the proposed disposal of the impounded property. Section 14- . County not liable. The department, its officers, employees, and agents shall not be liable for any actions or inactions regarding personal property impounded pursuant to this article." SECTION 2. If any provision of this ordinance or the application thereof to any person or circumstance, is held invalid, such invalidity shall not affect other provisions or applications of the ordinance, which can be given effect without the invalid provision or application, and to this end, the provisions of this ordinance are declared to be severable. 3