§ 315.01. Disposition of unclaimed property in possession of the City.

Subdivision 1. Purpose and statutory authority. The purpose of this Subsection is to provide for the custody and disposal of property coming into the possession of the City in the course of municipal operations and remaining unclaimed by the owner. This Subsection is adopted pursuant to Minnesota Statutes, section 471.195.

Subd. 2. Method of disposition. If property has come into the possession of the City and has remained unclaimed by the owner thereof for a period of 60 days or more, the City may dispose of such property by sale at auction or other sale. If the property is a legal firearm, sale may only be to a licensed firearms dealer or destroyed in accordance with state law. In all other cases the sale may be to the public. The auction or sale shall be conducted under the direction of the City Manager, following published notice in the official newspaper at least ten (10) days in advance of such sale. Unclaimed properties shall be sold to the highest qualified bidder. (Amended, Bill No. 1995-8)

Subd. 3. Property having insubstantial value. Property having no substantial value need not be sold at public auction or sale but may be discarded or given away. A list of any such item shall be retained in the files of the City for at least six (6) years after such disposition of such property.

Subd. 4. Limitation on application. This Subsection does not apply to motor vehicles or to personal property that the City acquires through civil or criminal forfeiture proceedings. Disposition of an abandoned, junk or impounded motor vehicle is governed by Minnesota Statutes, section 168B. Disposition of motor vehicles and other personal property that the City has acquired through forfeiture proceedings is governed by Subsection 315.02 of this code. (Amended, Bill No. 2001-7)

Subd. 5. Items which may be destroyed. Items of personal property having nuisance potential, such as illegal firearms, dangerous weapons, liquor and narcotics may be destroyed upon order of the City Manager. A list of items so destroyed shall be maintained for a period of at least six (6) years following such destruction.

Subd. 6. Disposition of proceeds. The proceeds of the sale shall be placed in the general fund of the City, subject to the right of the former owner to payment of the sale price from the City upon application and satisfactory proof of ownership within six (6) months after the sale.

Subd. 7. Lost property. The provisions of subdivisions 1 through 6 of this Subsection do not apply to any item which is surrendered to the City as lost property. Any such item shall be retained by the City for a period of 60 days and shall be returned to its owner upon proper request at any time during that period. If, at the time of surrender, the finder makes a proper request to claim the property, it shall be returned to the finder upon the expiration of the retention period. The City Council may require as a precondition a person pay all costs reasonably incurred by the City in connection with its efforts to identify and locate the owner. After 60 days any item which has not been returned to its owner or claimed by the finder shall become the property of the City and may be disposed of as provided in subdivisions 2 or 3 of this Subsection. No owner or finder shall have a claim against the City for disposition of lost property if a good faith effort has been made to comply with this subdivision. The provisions of this subdivision shall not apply to stolen property, keys, firearms, dangerous weapons, illegal items, liquor or narcotics. (Amended, Bill No. 1995-8)