Section 18-1. Definitions.
- “Chief of Police” means the Chief of Police of the Town of Tryon, Oklahoma.
- “Tangible personal property” means any property which is not covered by the provisions of Title 60, Sections 651 through 685 of the Oklahoma Statutes and which shall remain unclaimed, unidentified, and in the possession of the Chief of Police of the Town of Tryon or his authorized representative for a period in excess of ninety (90) days.
Section 18-2. Disposition of Abandoned Property,
Any unclaimed and abandoned tangible personal property which shall be and remain in the possession of the Chief of Police of the Town of Tryon, or his authorized representative, unclaimed, or the ownership of which shall not be to him satisfactorily established, shall be sold. Provided, however, that any such unclaimed and abandoned property that shall have been delivered to the Town of Tryon by any person who is not employed by said Town, then the property shall be delivered back without costs to that person after the expiration of said ninety (90) day period. Provided further that at the expiration of said ninety (90) day period, the Chief of Police, or his duly authorized representative, shall give notice to the finder of the abandoned personal property stating that the property is considered lost and abandoned and might be reclaimed within ninety (90) days at the Town of Tryon. If said finder fails to reclaim that property which he previously had placed in the custody of the Town of Tryon, then the Chief of Police or designated person shall once again consider the property to be unclaimed, lost, and abandoned and shall place said property for sale at public auction to the highest bidder.
Section 18-3. Disposal of Property
- The Chief of Police is authorized to dispose of tangible, personal property as provided in Title 11, Section 34-104 of the Oklahoma Statutes which has come into his possession in any manner if:
- The owner of the personal property is unknown or has not claimed the property;
- The property has been in the custody of the Chief of Police for at least six (6) months; and
- The property or any part thereof is no longer needed to be held as evidence or for any other purpose in connection with any litigation.
- Nothing contained in this Article shall be nor is intended to be in conflict with the provisions of Title 11, Sections 34-104 of the Oklahoma Statutes and all tangible and abandoned personal property which shall be reported to the proper authorities of the Town of Tryon shall be governed by the provisions of the aforementioned Sections.
Section 18-4. Application for Disposal.
The Chief of Police shall file an application in the District Court of Lincoln County requesting the authority of said court to conduct a sale of such personal property which has a fair market value of more than its face value. The said Chief of Police shall attach to his application a list describing such property including any identifying numbers and marks, the date said property came into his Possession, and the name of the owner and the person in last possession, if different, and his address, if known. The Court shall set said application for hearing not less than ten (10) days nor more than twenty (20) days after the filing of said application.
Section 18-5. Notice of Hearing.
In any instance where said property has an actual or apparent value of more than twenty-five dollars ($25.00), at least ten (I O) days prior to the date of said hearing, a notice of said hearing shall be sent by certified mail to each owner at his address as listed in said application. If the owner of any property with an actual or apparent value exceeding five hundred dollars ($500.00) is unable to be served notice by said certified mail, notice shall be provided by one publication in a newspaper of general circulation in the Town of Tryon. Said notice shall contain a brief description of the property of said owner and the place and date of the hearing. Said notice shall be posted on the door of Town Hall and at two other public places in the Town of Tryon.
Section 18-6. Sale of Property.
If no owner appears and establishes ownership of such unclaimed or abandoned tangible personal property, it shall be sold at public auction to the highest possible bidder for cash. Ten (10) days before sales of such unclaimed or abandoned tangible property, the Chief of Police, or some duly authorized person, shall sign and have posted in at least four (4) public places in said Town, notices of the time, place and manner of such sale, and a general description of the properties to be sold, in addition, the Chief of Police, or some authorized person, at least ten (10) days prior to the date set for the sale shall cause to be distributed in a newspaper of general circulation in the Town of Tryon a notice of such sale which shall contain the time for such sale, places and manner of such sale, and a general description of the properties to be sold.
Section 18-7. Notice to Holders of Mortgages.
It shall be the duty of the Town of Tryon to use reasonable diligence in searching for the name of the owner of the unclaimed property. If the Town of Tryon cannot ascertain the name of such owner, then it shall cause there to made a search of the records to determine whether or not there is any unpaid chattel mortgage or financial agreement covering such property, then it shall cause there to be given at least ten (10) days’ notice by registered mail to the holder or holders of such mortgage or mortgages if their addresses can be ascertained.
Section 8-8. City to Sell Property
The Town of Tryon shall cause all the abandoned and tangible personal property in the possession of said Town to be sold at public auction. The Town of Tryon shall be responsible for setting the dates, times, and places of such public auction. All property which is considered abandoned, lost, or unclaimed shall be put up for sale at said auction and shall be sold to the highest bidder there for cash only. It is further provided that no employee of the Town of Tryon shall be permitted to purchase any of such goods or property as herein defined. It shall further be the duty of the Town of Tryon to keep a record of all lost, unclaimed, or abandoned property in the possession of the Town of Tryon and such record shall show the date on which the property came into the possession of the Town, a description of the property, the name of the finder, date of sale or other disposition of the property, the price obtained for the property, and person to whom the property was sold.
Section 18-9. Proceeds of Sale.
Proceeds from all such public auction sales held within the Town of Tryon shall immediately be delivered to the Town Clerk and credited to the general fund of the Town of Tryon. The Town of Tryon shall cause there to be executed and delivered to each purchaser of the properties offered for sale, a bill of sale for the property, and a duplicate bill of sale shall be delivered to the Town Clerk.
Section 18-10. Redemption by Owner.
The owner or any other person entitled to possession of any such property may redeem that property at any time prior to the time set for sale, even though the notice of sale has already been given in accordance with the terms of this Article. Before any such property shall be redeemed, the owner or person to possession shall be required to pay all fines and costs assessed by the municipal court, costs of publication, and costs of notification, any charges incurred by the Town of Tryon due to the possession of said property. Provided, however, that nothing contained herein shall be construed nor intended to be in violation of Title 15, Sections 511 through 518 of the Oklahoma Statutes.
Section 18-11. Intangible Personal Property.
Disposition of intangible personal property by the Town of Tryon and by the Tryon Police Department shall be conducted and governed by the provisions of Title 60, Section 659.1 of the Oklahoma Statutes.