AMENDING SECTION 151.03, DISPOSAL OF LOST, ABANDONED, STOLEN, SEIZED OR FORFEITED PROPERTY, OF THE OAKWOOD ADMINISTRATIVE CODE TO ELIMINATE THE 60-DAY HOLDING PERIOD FOR CERTAIN TYPES OF PROPERTY AND TO PROVIDE FOR ONLINE NOTIFICATION.
WHEREAS, from time to time the Department of Public Safety takes possession of lost, abandoned, stolen, seized or forfeited property, which is then held for a period of at least 60 days prior to disposition pursuant to Section 151.03 of the Administrative Code; and
WHEREAS, the City Attorney has opined that live animals (e.g., stray dogs) and perishable items recovered by the Department may fall within the application of Section 151.03, which would subject them to the 60 day holding period prior to disposition; and
WHEREAS, in order to allow for quicker disposition, Council wishes to amend Section 151.03 so as to eliminate the 60 day holding period for live animals, perishable items, and similar types of property; and
WHEREAS, Council also wishes to update the notification procedures used to inform potential owners of property in the city’s custody, allowing for the use of online publication where appropriate;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OAKWOOD, STATE OF OHIO, THAT:
SECTION I.
Existing Section 151.03, Disposal of Lost, Abandoned, Stolen, Seized or Forfeited Property, of the Oakwood Administrative Code, is hereby amended as follows, with new text shown in bold font and deleted material shown in strike-through font:
151.03 DISPOSAL OF LOST, ABANDONED, STOLEN, SEIZED OR FORFEITED PROPERTY.
A.
Any property that has been lost, abandoned, stolen, or lawfully seized or forfeited, and that is in the custody of the Department of Public Safety, shall be kept safely until such time as it is no longer needed as evidence or for another lawful purpose, and shall be disposed of pursuant to this section.
B.
The Department of Public Safety shall make a reasonable effort to locate the owner of property in its custody and to notify them when and where it may be claimed. If, after a period of 60 days, the department is unable to identify or locate the owner of property, or, once notified, the owner fails to claim such property
pursuant to the terms of the notice, that property shall be considered “unclaimed property” and disposed of pursuant to this section.
The 60 day holding period shall not apply in the case of animals, perishable items, or other property similarly requiring prompt disposition. For purposes of this section, the department will be deemed to have made a reasonable effort to locate and notify a person entitled to possession of property if one or more of the following steps are taken:
1.
A phone call is made to the last known phone number of the known or suspected owner of the property;
2.
A letter is mailed to the last known address of the known or suspected owner of the property;
3.
A brief investigation or inquiry is made by department employees for the purpose of locating or identifying the owner of the property;
4.
A notice is posted in a conspicuous physical location at City Hall (30 Park Avenue) and at the Oakwood Community Center (105 Patterson Road), or online via the city’s website and/or social media account(s), briefly describing the nature of the property in custody and inviting persons to establish their right to it.