City Code: 120:0

Section 120 - Disposition Unclaimed Property

Section 120:00. Purpose. The purpose of this Ordinance is to establish the procedure to dispose of unclaimed property pursuant to Minn. Stat. § 471.195.

Section 120:05. Definitions. For purposes of this Section, the terms defined herein have the meanings given them.

Subd. 1. “Unclaimed Personal Property” means any personal property stolen and recovered, abandoned, confiscated, found, or otherwise lawfully acquired by the City, including, but not limited to bicycles, or parts thereof or machinery or parts thereof, and money.

Section 120:10. Custody of Unclaimed Property. The City Administrator or his or her designee 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.

Section 120:15. Storage. The City Administrator or his or her designee will arrange for storage of the unclaimed property. If City facilities are unavailable or inadequate, the City may arrange for storage at a privately-owned facility.

Section 120:20. Claim by Owner. The owner may claim the unclaimed property by presenting satisfactory proof of ownership to the City Administrator or his or her designee and by paying the City any storage or maintenance costs incurred. A receipt for the un-claimed property must be obtained upon release to the owner.

Section 120:25. Sale at Public Auction. After such unclaimed property, exclusive of motor vehicles, 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.

Section 120:30. 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 be published at least once. The notice shall describe generally the property to be auctioned, the date of the auction, and the location thereof.

Section 120:35. Electronic Auction Authorized. The City may sell unclaimed property pursuant to this section via the use of an electronic auction that is available to the general public, and as approved by the City Administrator or his or her designee. 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 le-gal 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 website and newsletter.

Section 120:40. Proceeds from Public Auction. The proceeds derived from any such public auction shall be paid into the general fund of the City.

Section 120:45. Owner of Unclaimed Property. The owner of unclaimed property sold at public auction or sale shall be paid the sale price thereof from the general fund if such owner makes application in writing and shows satisfactory proof of ownership within six (6) months of the sale, less the cost of storage and other costs incurred in connection with the sale. Such application shall be made to the City Administrator or his or her designee.

Section 120:50. Unsold Property. Any unsold property remaining after public auction may be sold or disposed of pursuant to Minn. Stat. § 471.195.

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