§ 2-217. Disposal of unclaimed property.

The following applies to unclaimed property:

(1)

If the city clerk knows the identity and location of the owner, he shall serve written notice upon him at least thirty (30) days prior to a declaration of abandonment by the council. If the city acquired possession from a prior holder, the identity and location of whom are known by the city clerk, notice shall also be served upon him. Such notice shall describe the property and state that unless it is claimed and proof of ownership, or entitlement to possession established, the matter of declaring it abandoned property will be brought to the attention of the council after the expiration of thirty (30) days from the date of such notice.

(2)

Upon adoption of a resolution declaring certain property to be abandoned property, the city clerk shall publish a notice thereof describing the same, together with the names (if known), and addresses (if known) 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 prior to sale. The sale 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.

(3)

Lost property. Paragraphs (1) and (2) of this section shall not apply to any item which is surrendered to the city as lost property. The city will make a reasonable effort to identify and locate the rightful owner of the lost property. Any such item shall be retained by the city for a period of six (6) months and shall be returned to its owner upon proper written request and proof of ownership at any time during that period. Within the six-month time period, the finder may upon a proper written request, make a claim for return of the property upon the expiration of the retention period. The city council may require as a recondition of return of the property to its finder or owner, that such person pay all costs reasonably incurred by the city in connection with its efforts to identify and locate the owner. After six (6) months, any item which has not been returned to its owner or claimed by the finder, shall become the property of the city and may be disposed of as provided in section 2-218 of this article. No owner or finder shall have a claim against the city for disposition of lost property, if a good faith effort has been made to comply with this paragraph. The provisions of this paragraph shall not apply to stolen property, keys, firearms, dangerous weapons, illegal items, liquor, or narcotics.

(Code 1984, Title 2, § 610(2); Ord. No. 91-4, 5-28-91)

State law reference

Unclaimed property, M.S. § 471.195.