§ 19-294. Abandoned or unclaimed tangible personal property.

(a)

Disposition generally. The Chief of Police is authorized to provide for the removal of any tangible personal property abandoned on the streets or other public places of the City which constitutes or is liable to constitute a menace to the safety of vehicles or pedestrians using the City streets and to receive and hold any and all other unclaimed and unidentified property coming into the possession of the Department of Police. Unclaimed bicycles and mopeds may also be disposed of in accordance with Code of Virginia, § 15.2-1720 and Section 27-389. Unclaimed firearms may also be disposed of in accordance with Section 19-331.

(b)

Delegation of authority. The Chief of Police is hereby authorized to delegate to the Director of Procurement Services the authority to dispose of all abandoned tangible personal property received and held by the Department of Police and to perform other duties required in connection thereto.

(c)

Disposal of property of no value. All property removed and received by the Chief of Police pursuant to Subsection (a) of this section which, in the Chief's opinion, has no value shall be disposed of as any other waste products of similar kind are disposed of by the street cleaning forces of the City.

(d)

Disposal of property of value. Should the property be of value and the owner can be ascertained, it shall be turned over to such owner upon the payment of all costs incurred by the Chief of Police incident to the removal and preservation of such property. However, if the Chief is unable to ascertain the owner of such property or the owner's whereabouts within a period of 60 days and the property still remains unclaimed, the Chief shall cause to be inserted in a newspaper having a general circulation in the City, once a week for two successive weeks, an advertisement which shall describe the property with reasonable certainty; shall specify a date, time, and place of sale; and shall notify all persons interested that, unless such property is claimed by the owner, with satisfactory proof of ownership and payment of costs incurred in its removal and preservation, before a specified day, the property will be sold to the highest competent bidder. Should no bid be received and the Chief be of the opinion that the property in question has practically no intrinsic value, the Chief shall be authorized to make such disposition of the property as deemed necessary. Any property or other thing of value removed from the streets or other public places of the City or received by the Chief which is of a perishable nature or in a usable condition may be utilized by any other agency of the City at the direction of the Chief of Police. The value of such property shall be determined by three buyers in the Department of Procurement Services if a claim is made at a later date.

(e)

Proceeds of sale. The net proceeds of the sale of all property or other things of value removed from the streets of the City and sold under the authority of this section shall be deposited in the City treasury by the Chief of Police if no claim for the net proceeds has been made within 60 days of the date of the sale. If, within three years after the date of sale of any property, the ownership thereof is established to the satisfaction of the Chief Administrative Officer, the net proceeds of the sale shall be paid to the owner without interest or other charge. No claim shall be made nor any suit, action or proceeding be instituted for the recovery of such proceeds after three years from the date of the sale.

(f)

Application of section. This section shall apply to any personal property belonging to another which has been acquired by a law enforcement officer, pursuant to official duties, which is not needed in any criminal prosecution, which has not been claimed by its rightful owner and which the State Treasurer has indicated will be declined if remitted under the uniform disposition of unclaimed property act, Code of Virginia, § 55-210.1 et seq.

(Code 1993, § 20-135; Code 2004, § 66-316; Ord. No. 2004-360-330, § 1, 12-13-2004; Ord. No. 2010-21-67, § 2, 4-26-2010)

State Law reference— Similar provisions, Code of Virginia, § 15.2-1719.

(Code 1993, § 20-135; Code 2004, § 66-316; Ord. No. 2004-360-330, § 1, 12-13-2004; Ord. No. 2010-21-67, § 2, 4-26-2010)

State law reference

Similar provisions, Code of Virginia, § 15.2-1719.