§ 17.145. Unclaimed property.

The purpose of this ordinance is to provide for the custody and disposal of property lawfully coming into the city's possession in the course of municipal operations and remaining unclaimed by the owner. The source of this authority is found in Minnesota Statutes Section 471.195.

(a)

Custody of unclaimed property. Pursuant to state law, the city shall have custody of property lawfully coming into the possession of the city in the course of municipal operations which remains unclaimed by the owner.

(b)

Sale at public auction. After such unclaimed property, exclusive of impounded motor vehicles, drug forfeitures/seizures, unclaimed animals, abandoned news racks or impounded bicycles and other property that may be disposed of pursuant to other ordinance, statute or law, has been in the possession of the city for a period of at least sixty (60) days, the city may sell such property to the highest bidder at public auction or sale.

(c)

Notice. The city shall, before the holding of a public auction or sale, publish notice of the auction or sale in the legal newspaper at least ten (10) days prior to the sale. The notice shall describe generally the property to be auctioned, the date of the auction, and the location thereof.

(d)

Electronic auction authorized. The city may sell unclaimed property via the use of an electronic auction that is available to the general public, and as approved by the city's finance officer. If the city utilizes an electronic auction, the notice requirements are deemed satisfied by publishing a general description of the property to be auctioned and the web address of the auction site in the legal newspaper. In addition, the city shall provide notice of the electronic auction service in other means generally available to the public, such as the city's website and newsletter.

(e)

Proceeds from public auction. The proceeds derived from any such public auction shall be deposited into the general fund of the city.

(f)

Owner of unclaimed property. The owner of unclaimed property sold at public auction shall be paid the sale price thereof from the general fund if application is made in writing and satisfactory proof of ownership is shown within six (6) months of the sale.

(g)

Unclaimed cash. Unclaimed cash shall be immediately deposited into the general fund of the city when it comes into the city's possession. The owner of unclaimed cash shall be reimbursed the amount of unclaimed cash if application is made in writing and satisfactory proof of ownership is shown within six (6) months of deposit into the general fund.

(h)

All proceeds generated by disposal through a nonprofit organization shall be deposited into city's general fund. Any such disbursements made to the city's general fund shall be made in compliance with the city's agreement(s) with "citystore" independent contractor(s), whenever applicable. All proceeds generated by other means of disposal shall be deposited into the city's general fund. Disposal of an article shall include, but is not limited to, donation to a charity, sale by auction, sale through a nonprofit organization, and disposal as refuse. The sixty (60) day retention requirement does not apply to perishable items. Perishable items may be disposed of at any time. ( Ord. No. 2017-045 , § 1, 8-31-17)