HomeMy WebLinkAbout5.E. Ordinance Amending Chapter 2, Section 2.70, Regulating the Disposal of Abandoned Property-Ord. No. 742
S,E,
City of Shakopee CONSENT
Police Department
Memorandum
TO: Honorable Mayor and City Council
Mark McNeill, City Administrator
FROM: Sergeant Chris Dellwo Gy
SUBJECT: Ordinance Amending Chapter 2, Section 2.70, Regulating the Disposal of
Abandoned Property
DATE: January 5, 2006
INTRODUCTION:
Council is asked to consider amending the attached ordinance, Ordinance No. 742,
Fourth. Series. An Ordinance of the City of Shako pee, Minnesota, amending City Code
Chapter 2, Section 2.70 regulating the disposal of abandoned property.
BACKGROUND:
The City of Shakopee strives to create an atmosphere where citizens voluntarily turn in
found property thereforeallowing for the possibility of returning that propyrty to its
rightful owner. Minnesota State statute allows a city to return found property in the form
of currency to the finder after a. 60 day period of time has elapsed and the rightful owner
has not came forward. Atthe present time, found property in the form of currency
becomes property ofthe City after the 60-day period of time. By authorizing the
amendment, we hope to create an atmosphere that will foster a greater willingness to turn
infound currency flnd thus allowing for possibility of its return to the rightful owner.
In addition, current ordinance language states the N otic~ of Sale of certain abandoned
property be published ollce at least three weeks prior to the date of sale. The Police
Departmentis seeking to change the time from three weeks to ten days per Minnesota
State Statute. This change would facilitate a more efficient purging of accumulated
abandoned. property.
Our legal counsel has reviewed and approved the ordinance amendment.
VISIONING RELATIONSHIP:
This action supports:
GoalB: High Quality of Life
Strategy 5: Foster Community Connections
RECOMMENDED ACTION:
Offer Ordinance No.742, Fourth Series, an Ordinance of the City of Shako pee,
Minnesota, amending City Code Chapter 2, Section 2.70 regulating the disposal of
abandoned property, and move its adoption.
ORDINANCE NO. 742, FOURTH SERIES
AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA
AMENDING CHAPTER 2.70 DISPOSAL OF ABANDONED MOTOR
VEHICLES, UNCLAIMED PROPERTY AND EXCESS PROPERTY.
THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA
ORDAINS:
Section 1 - City Code Section 2.70, DISPOSAL OF ABANDONED MOTOR
VEHICLES, UNCLAIMED PROPERTY AND EXCESS PROPERTY, Subdivision 2.
Disposal of Unclaimed Property. Paragraph C is amended to read as follows:
C. Notice and Sale. Upon adoption of a resolution declaring certain property to be
abandoned property, the City Administrator shall publish a notice thereof
describing the same, together with the names (ifknown) and addresses (ifknown)
of prior owners and holders thereof, and including a brief description of such
property. The text of such notice shall also state the time, place, and manner of
sale of all such property, except cash and negotiables. Such notice shall be
published once at least three (3) weeks ten nO) days prior to sale.
Sales shall be made to the highest bidder at public auction or sale conducted in the
manner directed by the Council in its resolution declaring property abandoned and
stated in the notice.
Section 3 - City Code Section 2.70, DISPOSAL OF ABANDONED MOTOR
VEHICLES, UNCLAIMED PROPERTY AND EXCESS PROPERTY, Subdivision 2.
Disposal of Unclaimed Property is amended by adding the following paragraphs:
E. Found Currency. Any person finding currency within the City of Shakopee
shall deliver it to the Police Department to be held for a period of sixty (60) days
in order to determine the rightful owner.
1. . Unless otherwise specified in this section. currency coming into the
possession of the City shall be stored and safely maintained by the City for
a period of sixty (60) days.
2. Such currency shall be disposed of by the City in the following manner:
a. All currency coming into the City as found property shall be turned
over by the. Police Department to the Finance Department for
safekeeping. unless directed otherwise or for evidentiary purposes
by the Police Department.
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b. After sixty (60) days, if no claim is made by the ownerto the City
or if the owner cannot be located, the currency may be returned to
the finder if, at the time of delivery to the City, the finder indicated
in writing that he/she wished to assert claim to the currency as the
finder. Upon delivery of the currencv to the finder as provided in
this subdivision, the City shall have no further interest or
obligation with resl'ect to the currency. No claims shall be made
by a City employee finding currency on City property or during the
course of his or her duties as a City employee, unless the employee
is the rightful owner of the currency.
c. If, at the end of the sixty (60) day period, no claims have been
made by the owner or fmder to the currencv,. the City
Administrator or his/her designee may in his/her discretion choose
to deposit the currency into the general fund ofthe City.
2. All currency found bv City employees on City property or in the course of
their duties as City employees shall be deposited by the City
Administrator or his/her designee into the general fund if there no claims
to the currency by the owner within the sixty (60) day period.
J.. The City Administrator or his/her designee shall be responsible for
maintaining a list of found currency that is . returned to the finder,
including the finder's name, address, date of birth and phone number.
4. If at a later date, after the currency has been turned over to the finder and a
claim is made by the rightful owner, the City shall provide the name and
address of the finder to the rightful owner.
Section 4 - Effective date. This ordinance becomes effective from and after its passage
and publication.
Adopted in session of the City Council of the City of Shakopee,
Minnesota, held this day of ,20
Mayor of the City of Shakopee
ATTEST:
City Clerk
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