O-345-69 ORDINANCE NO. 345
AN ORDINANCE CONCERNING SEIZURE AND SALE OF
CONFISCATED OR ABANDONED PROPERTY.
BE IT ORDAINED BY MIAMI SHORES VILLAGE:
Section-1. SEIZURE AND POSSESSION OF PROPERTY.
The Police Department is hereby authorized to seize and reduce
to the possession of the department all stolen or abandoned personal property,
or personal property which is adjudged and ordered by the judge of the
municipal court to be confiscated as the fruits of a crime, or personal
property used in the commission of any crime contrary to and against the
ordinances of the village and the laws of the State of Florida. The Police
Department shall store the said personal property as provided in Section
2. of this ordinance.
Section 2. STORAGE.
The Village shall keep and maintain a property room or rooms
where the personal property seized under the provisions of Section 1. or
this ordinance shall be stored and kept for a period of six months from the
date of such seizure.
Section 3. EFFORT TO NOTIFY OWNER OF POSSESSION.
During said period of six months, the Police Department shall
make every reasonable effort to notify the owner of any of the personal
property that the same is being held and retained under the provisions of
Section 2 of this ordinance, and shall, throughout said period of six months,
permit the owner to regain possession thereof upon proof of ownership and
upon payment of the storage charges and costs connected with the seizure
and storage of said property, except that no person can obtain possession
of any property that has been adjudged and ordered confiscated by the judges
of the municipal court.
Section 4. SALE AFTER 6 MONTHS.
After the expiration of said period of six months, the Chief of
Police shall sell any such personal property not claimed or reduced to
the possession of the owner thereof at public sale after ten days, notice in
writing to the owner, if he can be found,and by one advertisement in a
newspaper of general circulation in the Village.
Section 5. RECORDS; DISPOSITION OF PROCEEDS.
The Chief of Police shall keep a record of unclaimed or abandoned
articles received by him, the date same were received, the amount received
at such sale for each article sold thereat, and the balance, if any, remaining
after the expenses of such sale have been paid. The Chief of Police shall
immediately after such sale pay to the Director of Finance the balance
remaining after such sale.
Section 6. REFUND TO RIGHTFUL OWNER.
The Director of Finance shall at any time within one year after the
sale of abandoned or unclaimed articles refund any balance so retained to any
person furnishing satisfactory proof of ownership of any article sold at such
sale.
Section 7. SAME -BALANCE TO BE PAID INTO GENERAL REVENUE
FUND AFTER ONE YEAR.
In the event that the balance remaining after the sale of any
abandoned or unclaimed article shall not be claimed by the rightful owner
thereof within one year after such sale, then the Director of Finance shall pay
such unclaimed balance into the general fund of the Village.
PASSED AND ADOPTED TIES 20th day of May, 1969.
Mayo r
ATTEST:
Village Clerk
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