Apple Valley Municipal Code Ch. 11.90 Disposition of Personal Property

Whenever unclaimed property found, recovered, impounded or otherwise held by the Police Department or the Code Enforcement Department shall accumulate to the point where said department desires to dispose of the same, it may be sold after complying with the provisions of Civil Code § 2080.4 as the same now exists or may hereafter be amended, and provisions of this Section shall not prevail insofar as they may be inconsistent with State statutes.

If the owner of any unclaimed property can be found or ascertained, such property shall be restored to such owner on demand upon the payment of any and all costs incurred by the Department in caring for the personal property, and after any specified impoundment period and related hearings have been completed.

If after three months any unclaimed property remains unclaimed or unredeemed by the owner by paying the cost for the care thereof, thereafter the unclaimed property shall either be sold at public auction under the supervision of the Chief of Police or shall be transferred to the Town's Finance Department for sale to the public at public auction.

Prior to the auction of any unclaimed property the Chief of Police or Town Manager or his/her designee shall give notice of such sale at least five days prior to the date of the sale by the publication of such notice once in a newspaper of general circulation published in the County. Such notice shall give the time of the sale, the place of the sale, and any storage charges against the property.

If the Town's Finance Department determines that any unclaimed property transferred to it for sale is needed for a public use, such property may be retained by the Finance Department and need not be sold.

"Public use" as used in this Section means that unclaimed personal property transferred to the Town and determined to be surplus may be used by Town employees or volunteers in that capacity as part of their assigned duties, or such property may with the approval of the Town Manager or his/her designee be donated and ownership thereof transferred to another public agency, community non-profit organization or any individual(s) determined to have a need for use of the property which serves a public purpose.

(Ord. 302, 10-25-05)