§ 9.90.020. Procedure for disposition of property.

A.

Prior to disposition of any unclaimed property having an estimated value of $50.00 or more, the city manager shall send a written notice by certified mail, return receipt requested, to the last known address, if any, of the owner of unclaimed property. The last known address of the owner shall be the last address of the owner as shown by the records of the city department or agency holding the property. The notice shall include a description of the property and, if known, the purpose for which the property was deposited or otherwise held. The notice shall state where the owner may make inquiry of or claim the property. The notice shall also state that if the owner fails to provide the city manager with a written claim for the return of the property within 30 days of the date of the notice, the property shall become the sole property of the city and any claim of the owner to such property shall be deemed forfeited.

B.

Prior to disposition of any unclaimed property having an estimated value of less than $50.00, any unclaimed property having no last known address of the owner, or any unclaimed property having no identified owner, the city manager shall cause a notice to be published in a newspaper of general circulation in the city. The notice shall include a description of the property, the owner of the property if known, and the purpose for which the property was deposited or otherwise held if known. The notice shall state where the owner may make inquiry of or claim the property. The notice shall also state that if the owner fails to provide the city manager with a written claim for the return of the property within 30 days of the date of the publication of the notice, the property shall become the sole property of the city and any claim of the owner to such property shall be deemed forfeited.

C.

If the city manager receives no written claim within such 30-day claim period, the property shall become the sole property of the city and any claim of the owner to such property shall be deemed forfeited.

D.

If the city manager receives a written claim within such 30-day claim period, the city manager shall evaluate the claim and give written notice to the claimant within 30 days thereof that the claim has been accepted or denied in whole or in part. The city manager may investigate the validity of a claim and may request further supporting documentation from the claimant prior to disbursing or refusing to disburse the property. All such property which is money shall be delivered to the city treasurer and be deposited in the general fund of the city. All other such property shall be disposed of by public sale or by such other reasonable means as the city manager may provide after consultation with the city council.

E.

In the event that there is more than one claimant for the same property, the city manager may, in the city manager's sole discretion, resolve such claims, or may resolve such claims by depositing the disputed property with the registry in an interpleader action in a court having jurisdiction over such claims.

F.

In the event that all claims filed are denied, the property shall become the sole property of the city and any claim of the owner of such property shall be deemed forfeited.

G.

Any legal action filed challenging a decision of the city manager shall be filed pursuant to Rule 106 of the state rules of civil procedure within 30 days of such decision or shall be forever barred. If any legal action is timely filed, the property shall be disbursed by the city manager pursuant to the order of the court having jurisdiction over such claim.

H.

The city manager is authorized to establish and administer procedures for the administration and disposition of unclaimed property consistent with this chapter.

(Code 1977, § 9.90.020; Ord. No. 1077-1992, § 1; Ord. No. 1196-1995, § 2)