Bishop Municipal Code Ch. 3.48 Disposition of Unclaimed Property

It is the duty of every employee and officer of the city and every other person who shall find any lost money or other property in or upon any public grounds, highways, roads, public buildings, places or property of the city, to deliver the same to the officer or person in charge of the place where such money or property is found or to the head of the department in which such employee is employed, together with a statement in writing stating fully the circumstances of the finding, including the date and place of the finding and the name and address of the owner or person believed to be the owner, if known.

(Prior Code, § 2-39; Code 1985, § 3.48.010)

The person to whom any lost money or property is delivered shall cause the same to be delivered to the custody of the chief of police, who shall make provision for receiving and keeping such property and money delivered to them or coming into their possession. A receipt shall be issued to the person delivering such property or such money.

(Prior Code, § 2-40; Code 1985, § 3.48.020)

All lost property which has been found and delivered to the chief of police under this chapter shall be stored in a safe place and all lost money deposited with the city treasurer for a period of three months, unless such property is claimed by the true owner prior to the expiration of such period. The property shall then be deemed to be unclaimed property or unclaimed money and be subject to disposal as provided in this chapter.

(Prior Code, § 2-41; Code 1985, § 3.48.030; Ord. No. 500, § 1(part), 2003)

During the three-month period specified in section 3.48.030, such property may be delivered or such money paid to the true owner. Such money shall be paid to the true owner upon written order to the city treasurer from the chief of police. The chief of police shall make such order upon the same proof of ownership and with the same notice as prescribed in the case of other property. Charge for the care of the property or money not exceeding ten percent of the value of the property or the amount of the money may be charged for its safekeeping. If ownership cannot be determined to the satisfaction of the chief of police, the chief may refuse to deliver such property or order the payment of such money to anyone until ordered to do so by a court.

(Prior Code, § 2-42; Code 1985, § 3.48.040; Ord. No. 500, § 1(part), 2003)

If the true owner of property regulated by this chapter does not appear during the three-month period provided in section 3.48.030 and claim the property or money, it may be redelivered to the person who delivered it to the department head or to the chief of police, if at the time of the delivery such person indicated in writing that the person wished to assert a claim to the property or money as a finder. Charges may be imposed as provided in section 3.48.040.

(Prior Code, § 2-43; Code 1985, § 3.48.050; Ord. No. 500, § 1(part), 2003)

All money received by the chief of police under this chapter and not delivered to the true owner within three months after the receipt thereof or to the finder shall, within 30 days thereafter, be deposited in the general fund of the city.

(Prior Code, § 2-44; Code 1985, § 3.48.060; Ord. No. 500, § 1(part), 2003)

Unless the property is deemed by the police chief to be unusable or to have a value of less than $50.00, property which has been found and has not been delivered to the true owner or finder shall be disposed of by public auction or appropriation to the use of the city. Such disposition shall be made not less than five days after publication of notice describing the articles to be disposed of and announcing the date, time and place of the auction. Such notice shall be in a newspaper of general circulation published in the city.

(Prior Code, § 2-45; Code 1985, § 3.48.070)

After the auction of unclaimed property under this chapter is completed, the chief of police shall deliver the proceeds of the auction to the city treasurer for deposit in the general fund.

(Prior Code, § 2-46; Code 1985, § 3.48.080)

A. All property advertised and offered for sale but not sold and not suitable for appropriation to the use of the city shall be deemed to be of no value and shall be disposed of in such manner as the police chief directs.

B. Any articles or property to be appropriated to the use of the city shall be made available to the department in need thereof upon approval of such appropriation by the city council and memorandum by the police chief.

(Prior Code, § 2-47; Code 1985, § 3.48.090)

Any costs or charges for keeping or depositing unclaimed property or money and the cost of charges for the advertising and sale shall be a proper charge against the city.

(Prior Code, § 2-48; Code 1985, § 3.48.100)

Any property coming into the possession of the chief of police under this chapter which the chief determines to be dangerous or perishable may be disposed of immediately, without notice, in such manner as the chief determines to be in the public interest.

(Prior Code, § 2-49; Code 1985, § 3.48.110)

This chapter shall not apply to any property held by the chief of police as evidence.

(Prior Code, § 2-50; Code 1985, § 3.48.120)