Sec. 36-9.1. Procedure generally.
A. Custody. The Director of the Police Department and the City Traffic Engineer (collectively authorizing official) may take custody of any personal property located in the public right-of-way without a permit as follows:
1. Immediately with respect to property that constitutes a hazard to public safety or obstructs travel or transportation;
2. Immediately with respect to property identified in Section 36-9.4
3. After twenty-four hours of continuous occupancy, when a permit is required for the occupancy.
B. Persons authorized. The authorizing official may remove and dispose of the property in accordance with the section of this chapter which is most nearly applicable under the circumstances. The impoundment may be made under the direction of the authorizing official by any City employee, City Police Officer, duly authorized City contractor, or duly authorized City volunteer.
C. Order to remove. As an alternative to taking custody of the impounded property, the City may decline to accept the property and require the owner or the last person in possession of the impounded property to remove the property from the public right-of-way; or, if the owner is known, relocate the impounded property to the owner’s premises.
D. Disposition. Upon taking custody of the impounded property, the City’s remedies include, among other alternatives, retaining the impounded property for City use, selling it and depositing the sale proceeds into the City Treasury consistent with applicable City laws and procedures, donating it for charitable purposes or disposing of it as solid waste, each as indicated in the following sections. (Ord. No. G-4599, § 2, 2004; Ord. No. G-5444, § 3, 2009)