§ 2-386. Abandoned property.  


Latest version.
  • Lost money or goods discovered, received, or recovered by any village officer, agent, or employee shall be transferred to the custody of the police department for disposition under the terms of this section.

    (1)

    Public notice. The police department shall cause notice of lost money of $25.00 or more or goods discovered, received, or recovered under this section having a value of at least $25.00 to be posted in two public places in the village for 90 days as required under Wis. Stats. ch. 170.

    (2)

    Upon the expiration of the 90-day notice period called for under subsection (1) of this section, the finder of the money or goods shall become the owner of such property as set forth in Wis. Stats. ch. 170. The finder shall, as a condition to ownership, claim the money or goods at the village police department within 30 days and sign a receipt.

    (3)

    In the event a finder fails to claim the goods or money within 30 days after the expiration of the 90-day notice period, or if the finder is an officer, agent, or employee of the village, the property shall be deemed abandoned and may be disposed of in one of the following ways:

    a.

    By sale. The police department may advertise the property to be sold, or cause the property to be advertised and seek sealed bids when the property would not be sold for its obvious value through auction and its sale in this manner is deemed in the best interests of the public. The police department may accept or reject any or all bids, but shall sell the property to the person who makes the highest acceptable bid. Such sales shall be conducted by the chief of police or his or her designee.

    1.

    All property sold in this manner shall be recorded on an inventory filed with the village clerk. This inventory shall include a description of the property, a record of the date and method of sale, the name and address of the buyer, and the amount paid to the village for the property sold.

    2.

    Records of these sales shall be retained in accordance with section 2-328.

    3.

    All receipts from such sale after deducting the necessary expenses of storing the property and conducting the sale, if any, shall be paid into the general fund of the village treasury.

    b.

    By public auction. The police department may dispose of the property by holding an annual public auction. The abandoned property shall be sold to the person who makes the highest bid at the auction. Such auction shall be conducted under the supervision of the police chief or his or her designee. All receipts from such auction shall be paid into the general fund of the village treasury after deducting the necessary expenses of storing the property and conducting the auction, if any.

    c.

    Donation of recovered bicycles to charitable organization. Any bicycle having an estimated value of less than $100.00 may be donated to a non-profit charitable organization if, in the discretion of the chief of police, the cost of holding a sale or public auction under subsections (3)a. and b. of this section would exceed the value of the bicycle.

    (4)

    Employees, officers, and agents of the village may participate in sales conducted under section (3)a. and auctions conducted under (3)b. of this section.

(Code 1991, § 3.11(1); Ord. No. 660-01, § 1, 5-29-2001)