Bakersfield Municipal Code Ch. 3.16 Unclaimed Property

Sections: 3.16.010 Applicability. 3.16.020 Storage—Restoration to owner—Disposition of property held as evidence. 3.16.030 Auction sale—Publication of notice of sale—Exceptions. 3.16.040 Auction sale—Expenses—Deposit of proceeds. 3.16.050 Public use of property—Use of bicycles and toys for prevention of juvenile delinquency.

The provisions of this chapter shall not apply to property subject to confiscation under state or federal law. (Prior code § 5.16.050)

evidence.

A. All unclaimed personal property in the possession of the police department shall be stored in a safe place for a period of not less than six months except for bicycles and toys which must be stored not less than three months.

B. The clerk or person in charge of the property section shall enter into a suitable book or otherwise permanently record a description of every article received and shall imbed or engrave an identification number in property described in Penal Code Section 537e for the purposes thereof.

C. The clerk or person in charge of the property section shall restore such property to its legal owner upon satisfactory proof of ownership and payment of reasonably necessary costs incurred in the care and protection thereof unless such property is held by the police department as evidence in a pending case, in which event it shall be disposed of only on order of the property court and/or in accordance with Penal Code Sections 1407 through 1413, 1536 and 537e(b). (Prior code § 5.16.010)

A. Sale. At any time after the expiration of the time periods, as set forth in Section 3.16.020 of this chapter, the chief of police shall turn all such unclaimed personal property over to the city finance department, who shall sell all such property at public auction to the highest bidder. At least five days prior to such sale, the finance director shall cause to be published in a newspaper of general circulation in the city a notice of the date, time and place of the auction.

B. Exceptions. This section shall not apply to:

1. Any property which is being held in evidence in a pending case;

2. Any property which has not been properly marked in accordance with Penal Code Section 537e;

3. Any property which is used or disposed of in accordance with Section 3.16.050 of this chapter. (Prior code § 5.16.020)

The expenses connected with the sale shall be a proper charge against the proceeds of the sale, and all net proceeds received from the sale shall be delivered to the finance director, who shall deposit same in the general fund of the city. (Prior code § 5.16.030)

juvenile delinquency.

A. Any personal property which has been unclaimed for the period of time specified in Section 3.16.020 of this chapter and transferred to the finance department may, instead of being sold at public auction, be retained by the finance department on behalf of the city or any of its departments or agencies, and need not be sold when the director of finance determines that any such property is needed for a public use. Upon such determination, the property shall be added to the inventory as city property. If such property is transferred to the finance department pursuant to this section, such property shall not be redeemable by the owner or other person entitled to possession.

B. Any bicycles or toys, or both, in the possession of the chief of police, which have been unclaimed for a period of at least three months may, instead of being sold at public auction, be turned over to the county probation officer or to the county welfare department for use in any program or activity which the chief of police determines in the exercise of his reasonable discretion will further the health, safety or welfare of the citizens of the city. In such event, such property shall not be redeemable by the owner or other person entitled to possession. (Ord. 2958, 1985; prior code § 5.16.040)