Chapter 164: PROPERTY, ABANDONED
§ 164-2. Abandoning property in public places unlawful.
It shall be unlawful for any person, his agent or employee to leave or suffer to permit to be left any vehicle, cart, shopping cart, wagon, box, barrel, container, bale of merchandise or other movable object of any description whatsoever, either owned by him or in his possession, custody or control, in or upon any public place.
§ 164-3. Removal of abandoned property; disposition.
The Superintendent of Public Works of the Village shall remove or cause to be removed any property described in § 164-2 hereof found in or upon any public place and shall take or cause the same to be taken to premises or property of the Village, where the same shall be held until redeemed or sold as hereinafter provided.
§ 164-4. Notification of owner of property removal.
Whenever the Superintendent of Public Works shall take and hold any such property containing or having thereon an identification of the ownership or the right to possession thereof, a notice shall be sent to such person by ordinary mail, advising the person that the property is held by the Superintendent of Public Works and advising of the amount necessary to redeem the same.
§ 164-5. Redemption of property; fee.
Such property may be redeemed by the owner thereof, at any time prior to the sale, dismantling or disposal thereof, by tendering to the Clerk of the Village, at the Village Office during regular business hours, the sum set forth in Chapter 109, Fees. In addition, the person seeking to redeem the property shall pay the cost of advertising the sale of said property if any has been incurred by the Village. The Village Clerk shall require proof satisfactory to the Clerk of the ownership or right to possession by the person seeking the redemption or return of the property. Any return of property by the Clerk to a person establishing his interest in the ownership pursuant hereto shall be an absolute defense to the Village and to the Clerk against any other person seeking or claiming to be entitled thereto.
§ 164-6. Auction of unredeemed property; notice.
When any such property remains in the custody of the Superintendent of Public Works unclaimed and unredeemed for a period in excess of 15 days, thereafter the same may be sold by the Village at public auction. A public notice of at least five days shall be given that at a specified time and place the said property will be sold at public auction. A general description shall be sufficient. Such sale shall be conducted by the Clerk or by any other person designated and authorized by the Board of Trustees, and the proceeds thereof shall be deposited to the credit of the general fund. Such property may be withdrawn at or prior to said sale and/or sold under such terms and conditions as such person may designate.
§ 164-7. Disposition of unsold abandoned property.
In the event that said property shall remain unsold at public auction, the Village Clerk or other person designated may reoffer said property for sale at a subsequent public auction held pursuant to this chapter or may dismantle or otherwise sell or dispose of the said article or property. Any such sale or other disposition of such article or property pursuant to this chapter shall be without liability on the part of the Village, the Village Clerk or other persons designated by the Board of Trustees to the owner of such property or other person lawfully entitled thereto or having an interest therein. Editor’s Note: Former § 99-8, Penalties for offenses, which immediately followed this section, was repealed 3-10-1997 by L.L. No. 3-1997. See now § 1-1.
