Avenal Municipal Code Ch. 7 Unclaimed Personal Property

Sections:

• 3-7.01 Found property—Duties of finders.
• 3-7.02 Found property—Duties of Custodian.
• 3-7.03 Found property—Unclaimed—Title.
• 3-7.04 Sales at public auction—Notices.
• 3-7.05 Sales at public auction—Proceeds—Unsold property.
• 3-7.06 Exception for lost and unclaimed bicycles and toys. 3-7.01 Found property—Duties of finders. Any person who finds and takes possession of any money or personal property within the City which they have reason to believe may have been stolen, lost, or abandoned shall deliver such property to the Avenal Police Department or to such other entity charged with code enforcement for the City, who shall be considered the Custodian. A receipt shall be issued to the person delivering such property or money. (Ord. 90-04 (part), 1990; Res. No. 2010-64, 10-28-2010) 3-7.02 Found property—Duties of Custodian. (a) If the identity of the owner of such property is reasonably ascertainable, the Custodian shall notify the owner that it has the property and where it may be claimed. The Custodian may require payment by the owner of a reasonable charge for costs of storage and care of the property. (b) Such found personal property shall be stored in a safe place and such found money shall be deposited with the City unless sooner claimed by the true owner. At the end of such time property shall be subject to disposal as provided in this chapter. (c) If the owner appears within three (3) months after receipt of such property, proves ownership of the property and pays all reasonable charges, the Custodian shall restore the property to the owner. In the case of found money, such money shall be paid to the true owner upon written order to the City Director of Finance from the Custodian. (d) Any found property delivered to the Custodian which the Custodian determines is dangerous or perishable may be disposed of immediately, without notice, in such manner as shall be determined by the Custodian.

Title 3 FINANCE Avenal, California, Code of Ordinances Page 29 (Ord. 90-04 (part), 1990) 3-7.03 Found property—Unclaimed—Title. (a) Unclaimed property, except unclaimed bicycles and toys, shall be held by the Custodian for a period of at least three (3) months; thereafter, such property shall be transferred to the Chief Administrative Officer for the City for sale to the public pursuant to this section shall not be redeemable by the owner or other persons entitled to possession. If the Chief Administrative Officer determines that such property transferred to it for sale is needed for public use, such property may be retained by the City and need not be sold. (Ord. 90-04 (part), 1990) 3-7.04 Sales at public auction—Notices. (a) The City shall, once a year or at such period as the City Manager deems appropriate, sell all unclaimed personal property at public auction. The auction shall be conducted by the City Manager or his/her duly appointed representative. (b) Notice of such sale shall be given by the City Manager at least five (5) days before the time fixed for the sale by publication once in a newspaper of general circulation and by the conspicuous posting of a notice in three (3) public places within the City outlining the conditions of sale, and the date, time and place at which such property will be offered at public auction. (Ord. 90-04 (part), 1990) 3-7.05 Sales at public auction—Proceeds—Unsold property. (a) Property not claimed by its owner or the finder shall be sold at public auction by the City Manager or his duly appointed representative to the highest bidder for cash on the day of sale. Such items of property may be offered for bid singly or in combinations at the discretion of the City Manager. The money received from the sale shall be placed in the General Fund of the City. (b) The successful bidder at public auction shall also pay separately any reasonable charges for storage. (c) Any property remaining unsold after being offered for sale at such public auction may be appropriated for use by the City, donated to charity, destroyed, or otherwise disposed of by the City Manager as he directs. (Ord. 90-04 (part), 1990) 3-7.06 Exception for lost and unclaimed bicycles and toys. Pursuant to Section 217 of the Welfare and Institutions Code of the State of California, when any bicycles or toys, or both, in the possession of the Avenal Police Department or other entity charged with code enforcement for the City have been unclaimed for a period of at least sixty (60) days, instead of being sold at auction to the highest bidder, such bicycles or toys may be turned over to the probation officer, to the Welfare Department of the County, or to any charitable or nonprofit organization which is authorized under its articles of incorporation to participate in a program or activity designed to prevent juvenile delinquency and which is exempt from income taxation under federal or state law, or both, for use in any program or activity designed to prevent juvenile delinquency. (Ord. 90-04 (part), 1990; Res. No. 2010-64, 10-28-2010)