[HISTORY: Adopted by the Common Council of the City of New Berlin 10-10-2000
by Ord. No. 2124 as Secs. 11.14 and 11.15 of the Municipal
Code. Amendments noted where applicable.]
[Amended 2-14-2006 by Ord. No. 2297]
A.Â
After taking possession of any property which has been
abandoned or unclaimed and which has been in the possession of the City for
a period of not less than 30 days after the taking of said possession, the
Chief of Police or his designee may order disposal of the property in accordance
with this ordinance and § 66.0139, Wis. Stats.
B.Â
As a distinct alternative, all unclaimed or abandoned
property may be disposed of through a public auction, sale bid by contract,
a trade on other property to be acquired by the City or retention for use
by the City. The Police Department shall maintain an inventory of the property,
including a record of method of disposal, including the consideration received
for the property, if any, and the name and address of the person taking possession
of the property.
C.Â
A sale via public auction may include the sale of items
via a public auction website via the Internet using a third party to assist
in the sale of the items, provided that a list shall be preserved of the articles
so sold, the price for which each item was sold, and the names of the owners
or supposed owners from whom the articles were taken or received. Three days’
notice shall be given to the public in the official newspaper of the City
that unclaimed items will be placed with an Internet auction site. It shall
not be necessary to publish a list of the articles to be sold, but it shall
be sufficient to give notice that the unclaimed articles remaining at the
police station, which have remained unclaimed for 30 days, will be sold at
auction via the Internet, naming the website and giving the beginning date
of any such sale. The City shall also endeavor to include a copy of the notice
on its official City website, although failure to do so shall not void any
sale.
D.Â
As a distinct alternative to the foregoing, the Chief
of Police or his designee may sell abandoned or unclaimed property at public
auction to the highest bidder, for cash, of all articles that shall have been
left or retained at the police station and that shall have remained unclaimed
for a period of not less than 30 days after the taking of possession of the
article by the City and which have not otherwise been sold or disposed of
as otherwise provided for in this section. Three days’ notice of the
time and place of such sale shall be given by publishing a notice in the official
newspaper of the City. It shall not be necessary to publish a list of the
articles to be sold, but it shall be sufficient to give notice that the unclaimed
articles remaining at the police station, which have remained unclaimed for
30 days, will be sold at public auction at the time and place mentioned in
the notice. The City shall also endeavor to include a copy of the notice on
its official City website, although failure to do so shall not void any sale.
E.Â
The Chief of Police may, if he deems it to be in the best interest
of the City, dispose of the property through an agreed amount of sale or gift
pursuant to § 66.0139, Wis. Stats.
F.Â
The proceeds of all sales under this section shall be paid to
the Director of Finance and Administration and credited to the general City
fund or as otherwise directed by the Common Council.
A.Â
In the event that any property belonging to the City
Police Department shall have become obsolete, disused, worn out or scrapped
such that it is determined such material or equipment is not usable by any
municipal department within the city, the Police Department shall at the option
of the city take charge and control of such property for the purpose of sale
or disposal at a public or private sale as hereinafter provided.
B.Â
If the value of the property to be sold is more than
$100, the Police Department shall advertise for bids for a period of at least
one day per week for a period of at least three consecutive weeks in any newspaper
having a general circulation in the city and, at the conclusion of such time,
the property shall be awarded to the highest responsible bidder. Additionally,
the Police Department may dispose of city material, equipment or supplies
by such other means as deemed in the best interest of the city, including
disposal of the property either through an agreed upon amount of sale or as
a gift, pursuant to the provisions of § 66.0139, Wis. Stats.
C.Â
Whenever the estimated value of the property to be sold
is less than $100, the Police Department may, without advertising, sell the
property for the highest reasonable offers obtainable; provided, however,
that a list of the material or equipment to be sold in this manner shall be
provided to local newspapers for publication at the newspaper's option.
D.Â
The proceeds of all sales under this section shall be
paid into the hands of the Director of Finance and Administration and credited
to the general city fund or as the City Council shall designate.
[Amended 7-23-2002 by Ord. No. 2180]
The provisions of this chapter are not applicable to the disposition
of unclaimed or abandoned flammable, explosive or incendiary devices and unclaimed
or abandoned weapons, firearms, ammunition or similar things.
