§ 9-1-7. PROPERTY OTHER THAN A MOTOR VEHICLE.

(A)

The City may remove abandoned property to a place of impoundment designated by the city manager.

(B)

If the person's name and address is known, the city manager shall, no later than the 10th business day after the date of the impoundment, notify a person whose property is impounded under this section that the property has been impounded.

(C)

The City has a lien against impounded property for the fees provided by ordinance and for costs incurred by the City in impounding, storing, advertising the property, and providing required notices. The lien is prior and superior to all other liens of every kind, except a lien for ad valorem taxes. The City may retain possession of the property until all costs are paid and may sell the property as provided in this section.

(D)

A person legally entitled to possession of impounded property may redeem the property by paying the fees and costs described in Subsection (C).

(E)

The city manager may sell impounded property as provided in this subsection.

(1)

Before selling impounded property the city manager shall post notices at the county courthouse and at the city hall, and shall have the notice published once a week for two consecutive weeks in a daily newspaper published in the City. The date of the posted notices and of the first published notice must be no later than the 14th day before the date of the sale. The notice must describe the impounded property, state that the property is unredeemed and will be sold, and state the date, time, place, and manner of sale.

(2)

If impounded property is not redeemed by the date and time stated in the notice, property shall be sold as provided in the notice. The buyer takes the property conditioned on the right of redemption under Subsection (F).

(3)

The city manager shall deduct the fees and costs described in Subsection (C) from the proceeds of the sale and hold the balance, if any, for the owner of the property. If the owner fails to claim the proceeds before the 31st day after the date of the sale, the proceeds become the property of the City.

(F)

If the property has been sold, a person legally entitled to possession of impounded property may redeem the property from the buyer of the property by paying the buyer double the amount paid by the buyer of the property, and any reasonable expenses incurred by the buyer for keeping the property. Property may not be redeemed under this subsection after the 30th day after the date of the sale.

Source: 1992 Code Section 10-3-7; Ord. 031023-13; Ord. 031211-11.