2.05.016 Investigation and notification.
A. The department, on coming into possession of property valued at $25.00 or more, shall make diligent inquiry as to the name and address of any interested person, and shall examine it for a license, serial or other number and any other information on the property that will aid in the identification of an interested person.
B. Following the investigation, if under the circumstances the department is reasonably satisfied that an interested person has been found, the property may be released to that person on payment of any of the applicable costs provided in subsection D of this section. In all other cases, if the interested person is found and identified, the interested person shall be notified immediately by certified letter sent to the interested person’s last known address and containing the following information:
1. that the personal property is held by the department;
2. the date the property came into the possession of the department;
3. that the property will be sold at public auction at city hall, the place of storage, or any other designated location to the highest bidder for cash unless claimed by and released to the interested person before the date of the proposed sale;
4. that the sale will not be held earlier than 30 days from the date the personal property came into the possession of the department and, in any event, not until ten days have elapsed from the mailing of the certified notice.
C. No property shall be released to a claimant until the claimant submits to the department satisfactory evidence of the claimant’s interest and pays the costs of holding the property, except where the property is released pursuant to court order.
D. In cases of signs or other property confiscated pursuant to BC 5.05.010 through 5.05.260 the claimant must submit to the city manager or the department satisfactory proof of ownership or right to possession and payment of charges and expenses for storage, preservation and custody of the property.
1. The charges and expenses for storage, preservation and custody of signs or other property the city manager takes into possession shall be an amount set by resolution of the council.
2. If the interested person desires a hearing to challenge the seizure of the property and, on appropriate application under BC 5.05.010 through 5.05.260 the municipal court shall hear the matter pursuant to the procedures provided for civil infractions and during the pendency of the hearing no daily storage charges shall accrue.
3. At any time after the 60 day period from confiscation of the sign or other property, the city manager shall cause to be disposed of or destroyed any sign or other property which has been seized, except the property shall be held as evidence in any legal or court proceeding. When the court proceedings are concluded, any owner shall have 20 days in which to reclaim the property by paying the appropriate charges for storage, preservation and custody of signs or other property. After the 20 days, the city manager may dispose of or destroy a sign or other property which has not been claimed by the owner or responsible person.
4. If the signs or other property are sold at auction as provided for in BC 2.05.020, no sign or other property shall be sold for less than $100.00 or the amount of charges, whichever is less. [BC 2.05.016, amended by Ordinance No. 4794, 12/1/20]