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AN ORDINANCE TO AMEND SECTIONS 27-52(a) AND 27-53 OF CHAPTER 27 <br />OF THE CODE OF THE CITY OF PORTSMOUTH, VIRGINIA (1988) THERETO, <br />PERTAINING TO UNCLAIMED PROPERTY IN CUSTODY OF POLICE. <br /> <br /> BE IT ORDAINED by the Council of the City of Portsmouth, <br />Virginia: <br /> <br /> 1. That Sections 27-52[a) and 27-53 of the Code of the <br />City of Portsmouth, Virginia (1988) be amended and reordained <br />to read as follows: <br /> <br />Sec. 27-52. Sale-Generally. <br /> <br /> (a) Any unclaimed propersy which has been in the <br />possession of the police department and unclaimed for a period <br />of more than sixty (60) days shall be subject to public sale or <br />retention for use by the police department. Prior no the sale <br />or retention for use of any unclaimed item by the police <br />deparmment, the chief of police shall make reasonable attempts <br />to notify the rightful owner of the propersy, obtain from the <br />commonwealth's attorney mn writing a snasemenn advising that <br />the item is not needed in any criminal prosecution, and cause <br />5o be published mn a newspaper of general circulation mn the <br />city once a week for 5wo (2) consecutive weeks, notice that <br />there will be a public display and sale of unclaimed personal <br />property. Such property, including properny selected for <br />retention by the police department, shall be described <br />generally in the notice together with the date, time and place <br />of the sale and shall be made available for public viewing an <br />the sale. <br /> <br />Sec. 27-53. Same-Disposition of property or proceeds. <br /> <br /> (a) The chief of police or his duly authorized agent <br />shall pay from the proceeds of a sale under this article the <br />costs of advertisements removal, storage, investigation as to <br />ownership and liens and notice of sale. The balance of the <br />proceeds shall be held by the chief of police for the owner and <br />paid to the owner upon satisfactory proof of ownership. Any <br />unclaimed item retained for use by the police departmenn shall <br />become the property of the City of Portsmouth and shall be <br />retained only if, in the opinion of the police chief, there is <br />a legitimate use for the property by the police department and <br />retention of the item is a more economical alternative than <br />purchase of a similar or equivalent item. <br /> <br /> (b) If no claim is made by the owner for the property or <br />proceeds within sixty (60) days of the sale, the remainIng <br /> <br /> <br />