A. If no claim has been made or if all claims made have been rejected as not bona fide before the time set for the sale of personal property, the city manager shall offer the property for sale to the highest bidder for cash. In default of bids from others, the city manager may dispose of the property without the necessity of taking further bids according to the rules established by the city manager.

B. The city manager shall cause to be published in a newspaper of general circulation within the city a notice generally describing the property to be sold at auction and giving the date, time and location of the auction. The notice shall be published at least 10 days prior to the auction.

C. All sales of such property shall be for cash to the highest and best bidder; provided, however, that any person appearing at or prior to the sale and proving ownership or right of possession shall be entitled to reclaim the property on the payment of the charges and expenses incurred by the city in storage, preservation and custody of the property and a proportionate share of the costs of advertising the property for sale. Any person who was notified pursuant to BC 2.05.016 and who does not claim the property within the time specified by BC 2.05.016, shall be deemed to have abandoned the property and may not claim the property under this section.

D. If no bids are entered for the property or if the highest bid entered is less than the costs incurred by the city, the city manager may enter a bid on behalf of the city in an amount equal to the costs. If bid on by the city, the property shall become the property of the city as compensation for the costs incurred or, if of no use or value to the city, shall be disposed of in such manner as the city manager directs.

E. The proceeds of the sale shall be first applied to payment of the cost of the sale and the expense incurred in the preservation, storage and custody of the property and the balance, if any, shall be credited to the general fund of the city.

F. The sale shall be without the right of redemption.

G. No owner or operator of a place in which property has been stored by the city shall release property without first having obtained a written release from the department. [BC 2.05.020, amended by Ordinance No. 4794, 12/1/20]