§ 23-1. Disposal of unclaimed property in possession of sheriff or police.

(a)

Definition. "Unclaimed personal property" is herein defined as any personal property belonging to another which has been acquired by a law enforcement officer pursuant to his duties, which is not needed in any criminal prosecution, which has not been claimed by its rightful owner and which the state treasurer has indicated will be declined if remitted under the Uniform Disposition of Unclaimed Property Act (Sec. 55-210.1 et seq.).

(b)

Manner of disposal. It is hereby ordained by the county that any unclaimed personal property which has been in the possession of its law enforcement agencies and unclaimed for a period of more than sixty (60) days shall be (i) sold at public sale in accordance with the provisions hereinafter set out or (ii) retained for use by the sheriff's department or other law enforcement agency.

(c)

Notice and display prior to sale or retention for use by agency. Prior to the sale or retention for use by the law enforcement agency of any unclaimed item, the sheriff or his duly authorized agents shall make reasonable attempts to notify the rightful owner of the property; obtain from the attorney for the commonwealth in writing a statement advising that the item is not needed for any criminal prosecution; and cause to be published in a newspaper of general circulation in the locality once a week for two (2) successive weeks, notice that there will be a public display and sale of unclaimed personal property. Such property, including property selected for retention by the law enforcement agency, shall be described generally in the notice, together with the date, time and place of the sale and shall be made available for public viewing at the sale. The sheriff or his duly authorized agents shall pay from the proceeds of sale the costs of advertisement, removal, storage, investigation as to ownership and liens, and notice of sale. The balance of the funds shall be held by such officer for the owner and paid to the owner upon satisfactory proof of ownership. Any unclaimed item retained for use by the law enforcement agency shall become the property of the locality served by the agency and shall be retained only if, in the opinion of the chief law enforcement officer, there is a legitimate use for the property by the agency and that retention of the item is a more economical alternative than purchase of a similar or equivalent item.

(d)

Funds from sale to be deposited in general fund; owner may apply for funds or property within three (3) years of sale. If the owner of such property has not made claim for the property or the proceeds of such sale with sixty (60) days of the sale, the remaining funds shall be deposited in the general fund of the locality and the retained property shall be placed into use by the law enforcement agency. Any such owner shall be entitled to apply to the locality within three (3) years from the date of the sale and, if timely application is made therefor and satisfactory proof of ownership of the funds or property is made, the locality shall pay the remaining funds of the sale or return the property to the owner without interest or other charges or compensation. No claim shall be made nor any suit, action or proceeding be instituted for the recovery of such funds or property after three (3) years from the date of the sale.

(Ord. of 2-20-01)

State Law reference— Code of Virginia, § 15.2-1719.

(Ord. of 2-20-01)

State law reference

Code of Virginia, § 15.2-1719.