Alameda Municipal Code § 2-63 Lost, Stolen and Unclaimed Property

The Chief of Police shall be the custodian of all lost, stolen and unclaimed property which may now be in his/her possession or under his/her control, or which may hereafter come into possession of any Police Officer.

(Ord. No. 2715 N.S. § 2)

Every Police Officer, upon taking or receiving into his/her custody, in the discharge of his/her duty any money or property, shall deliver such money or property to the Chief of Police, who shall particularly register all such property delivered to or received by him/her kept for that purpose, stating the name of the person from whom, and by whom, such article or parcel shall have been taken, the name of all claimants of each article or parcel, the time of seizure, and the final dispositions thereof.

(Ord. No. 2715 N.S. § 2)

The Chief of Police shall, at the expiration of each fiscal year, make a report to the Council of all lost, stolen and unclaimed property which may be in his/her possession or under his/her control.

(Ord. No. 2715 N.S. § 2)

Whenever money or property shall have been taken from a person on suspicion that such person feloniously obtained the same, if, upon examination of the person suspected, the examining magistrate shall be satisfied from the evidence that he/she is innocent, and that the money or property rightly belongs to him/her, such magistrate shall, in writing, order the Chief of Police or officer having charge of such money or property to return the same to the person accused.

(Ord. No. 2715 N.S. § 2)

All unclaimed personal property in the possession of the Police Department shall be stored in a safe place by the Chief of Police for at least three (3) months. During this period, the Chief of Police shall restore such property to its legal owner, upon proof of such ownership satisfactory to him/her and upon the payment of all reasonable necessary costs in the care and protection thereof, unless such property is being held by the Police Department as evidence in a pending case.

(Ord. No. 2715 N.S. § 2)

At any time after the expiration of said three (3) months' period for the retention of unclaimed personal property, the Chief of Police may publish once in a newspaper of general circulation in the City of Alameda: (a) a notice of his/her intention to sell at a public auction at the time therein specified, certain unclaimed personal property; or (b) a notice of his/her intention to transfer to the City Finance Director, or his/her designee, at the time therein specified, certain unclaimed personal property for disposal or sale by said City Finance Director.

(Ord. No. 2715 N.S. § 2)

The sale or transfer to the City Finance Director, or his/her designee, shall be made not less than five (5) days after the publication of said notices. In the case of a sale (by the Chief of Police or City Finance Director, or his/her designee) each item shall be sold at public auction to the highest bidder. In the case of a transfer to the City Finance Director, or his/her designee, such property shall not be redeemable by the owner or other person entitled to possession. If the City Finance Director, or his/her designee, determines that any such property is needed for a public use by the City, or a nonprofit corporation which has entered into a written agreement with the City or received a grant from the City to provide public services, or any other public agency, such property may be retained or transferred to such public agency for such public use, and need not be sold.

(Ord. No. 2715 N.S. § 2)

The expenses connected with such sale and storage of unclaimed property, when such unclaimed property is subject to forfeiture proceedings under California Health and Safety Code Section 11470, shall be a proper charge against the funds of the Police Department. All proceeds received from such sale shall be delivered to the City Finance Department for deposit in the Police Department's Fund.

The expenses connected with the sale and storage of all other property under this section shall be a proper charge against the City's General Fund. All proceeds received from such sale shall be delivered to the City Finance Department for deposit in the City's General Fund.

(Ord. No. 2715 N.S. § 2)

The Chief of Police and/or City Finance Director, or his/her designee, shall report any items remaining unsold after said public auction to the City Manager who shall instruct said Chief of Police and/or City Finance Director, or his/her designee, what disposition shall be made thereof as he/she may see fit in the public interest.

(Ord. No. 2715 N.S. § 2)