Section 34-186. Disposition of property removed by city.
(a) If, in the opinion of the city manager, the value of any abandoned property or an inoperable motor vehicle is less than $1,000.00, and after the notices have been given as provided in section 34-185, the city manager may summarily dispose of the abandoned property or inoperable motor vehicle on terms deemed advisable by the city manager after the passage of 30 days from the date of the notice required in section 34-185. If notice has been published, disposition may take place after 30 days of the date of publication.
(b) If, in the opinion of the city manager, the value of the abandoned property or an inoperable motor vehicle exceeds $1,000.00, the abandoned property or inoperable motor vehicle shall be disposed of at public sale in accordance with the provisions of subsection (c) of this section. Any public sale shall be held not sooner than 30 days from the date on which the notice is given pursuant to section 34-185.
(c) If it is necessary that abandoned property or an inoperable motor vehicle be sold at public sale, at least 21 days prior to the sale, the city manager shall cause a notice to be published once in a newspaper of general circulation in the city, which notice shall state:
(1) The sale of the abandoned property or inoperable motor vehicle in possession of the city by virtue of a seizure pursuant to this article.
(2) A description of the abandoned property or inoperable motor vehicle, including make, model, license number, title number, vehicle identification number, and any information which will accurately identify the property.
(3) The terms of the sale for the date, time and place of the sale.
The city manager shall also cause a copy of this notice to be mailed to the last known registered owner of any inoperable motor vehicle and to the owner or occupant of the property from which the abandoned property or the inoperable motor vehicle was taken, unless they are the same, and to any other persons known to the city manager to be interested in any abandoned property or inoperable motor vehicle.
(d) On the date, time and place set forth in the notice, the abandoned property or inoperable motor vehicle shall be sold by sealed bids to the highest and best bidder. The purchase price shall be cash and, at the time of payment of the purchase price, the city manager shall execute a certificate of sale for the inoperable motor vehicle or a bill of sale or certificate of sale for the abandoned property in duplicate, the original of which is to be given to the purchaser and a copy to be retained by the city. Any bill of sale or certificate of sale issued pursuant to this section shall not guarantee title or purport to give any title to the abandoned property or the inoperable motor vehicle greater than that which is possessed by the city. Should the sale be invalid for any reason, the liability of the city shall be limited to the return of the purchase price upon return of the abandoned property or inoperable motor vehicle.
(e) Proceeds of any sale pursuant to this section, after payment of all the costs of sale, including notice and publication costs, and the expenses of the city in taking into possession and storing the abandoned property or inoperable motor vehicle, shall be held in suspense by the city for a period of 30 days from the date of the receipt of the funds, during which time, upon presentation of proper evidence of ownership of the disposed abandoned property or inoperable motor vehicle to the city manager, the owner of the abandoned property or inoperable motor vehicle may recover back from the city the proceeds, less the costs and expense as above stated. After 30 days the proceeds may be distributed to the general fund of the city.