Burbank Municipal Code Art. 4 Care, Restitution and Sale or Disposition of Unclaimed Property In…

UNCLAIMED PROPERTY: As used in this article, means personal property of others taken into the possession of the Police Department or left in its possession or turned over to it by a person who found or saved the same, except:

A. Property subject to confiscation under the laws of this State or of the United States; and

B. Vehicles, the storage, sale or other disposition of which is governed by the provisions of the State Vehicle Code. [Formerly numbered Section 9-48; amended by Ord. No. 3282, eff. 3/2/92; 3058, 2198.]

Except as otherwise provided in this article, all unclaimed property in the possession of the Police Department shall be held and stored by the Chief of Police for a period of at least ninety (90) days. [Formerly numbered Section 9-49; amended by Ord. No. 3391, eff. 1/3/95; 3282, 3058, 2198.]

The Chief of Police shall restore unclaimed property in the possession of the Police Department to its legal owner, upon proof of such ownership and upon the payment of all reasonably necessary costs incurred in the care and protection thereof, and any cost of publication. Where any such property may be needed or required as evidence in any criminal proceeding, the Chief of Police shall delay the restoration of such property to its legal owner until the conclusion of such proceeding. If such property is introduced as evidence in a criminal case, it shall be disposed of only upon order of the proper court. If the legal owner is a person prohibited by law from possessing such property, restitution shall not be made. [Formerly numbered Section 9-50; amended by Ord. No. 3282, eff. 3/2/92; 3058, 2198.]

A. Where lost money or other lost personal property is found or saved and is turned over to the Police Department in accordance with the provisions of Section 2080.1 of the State Civil Code or otherwise, and no owner appears and proves ownership of such property within ninety (90) days thereafter, the Police Department shall, if such property is of a value of two hundred fifty dollars ($250.00) or more, cause to be published at least once in a newspaper of general circulation notice of the found or saved property. If, after seven (7) days following the first publication of the notice, no owner appears and proves ownership of the property, the property shall be returned to the finder on payment of all reasonable charges, including cost of publication. The Police Department may require the finder to deposit with it an amount sufficient to cover the cost of publication before so proceeding.

B. Where such property is of a value of less than fifty dollars ($50.00), and no owner appears and proves ownership within ninety (90) days, it may be returned to the finder without publication of notice.

C. The provisions of this section shall not apply where the property was found or saved in the course of employment by an employee of any public agency or where the finder is a person prohibited by law from possessing such property. [Formerly numbered Section 9-51; amended by Ord. No. 3391, eff. 1/3/95; 3282, 3058, 2198.]

A. Notwithstanding any other provision of this chapter:

1. When any unclaimed property in the possession of the Police Department is in danger of perishing, or of losing the greater part of its value, or when the reasonably necessary costs incurred in the care and protection of any such property amount to two-thirds (2/3) of its value, the Police Department may sell such property by public auction in the manner and upon the notice of sale of personal property under execution, if it is a thing which is commonly the subject of sale, when the owner cannot, with reasonable diligence, be found, or being found, refuses upon demand to pay the reasonably necessary costs incurred in the care and protection thereof.

2. Any unclaimed property with a value of not more than five hundred dollars ($500.00) which has been unclaimed for a period of at least ninety (90) days may, instead of being sold at public auction, be turned over 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, benefit senior citizens or victims of domestic violence, 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, benefit senior citizens or victims of domestic violence. Before any such property is turned over to any such charitable or nonprofit organization, the Police Department shall obtain approval from the City Manager or their designee, and shall notify the owner, if their identity is known or can be reasonably ascertained, that it possesses the property, and where the property may be claimed. The owner may be notified by mail, telephone, or by means of a notice published in a newspaper of general circulation which it determines is most likely to give notice to the owner of the property. [Formerly numbered Section 9-52; amended by Ord. No. 3608, eff. 12/14/02; 3578; 3282; 3058, 2198.]

All unclaimed property in the possession of the Police Department not disposed of under the foregoing provisions shall be transferred after expiration of at least the minimum applicable holding period, directly to the auction company. When property is so transferred it shall not be redeemable by the owner or other person entitled to possession. [Formerly numbered Section 9-53; amended by Ord. No. 3600, eff. 8/31/02; 3478, 3395, 3282, 3058, 2198.]

All unclaimed property received by the Police Department shall be offered for sale at public auction (including bids received via the Internet) to the highest bidder except as follows:

A. Unclaimed property having no monetary value shall be destroyed unless some other disposition can be made of such property which would be in the public interest;

B. Unclaimed property of a type or kind for which a permit or license to sell the same is required by State or Federal law shall be destroyed unless some other disposition can be made of such property which would be in the public interest; and

C. Unclaimed property determined by the Purchasing Division of the Financial Services Department to be needed for the use of the City or other public use shall be retained and need not be sold. Public use shall include, but not be limited to, City created programs that aim to encourage community members or employees to ride bicycles, which in turn, may ultimately decrease those participants’ reliance on automobiles, and reduce green house gas emissions. The City Manager, or their designee, is authorized to dispose of such unclaimed bicycles to the individual who successfully completes the required participation of such City program, with or without financial consideration. [Formerly numbered Section 9-54; amended by Ord. No. 3771, eff. 12/4/09; 3600, 3478, 3395, 3282, 3058, 2198.]

Before offering any unclaimed property for sale, the auction company or Police Department shall publish at least once in a newspaper of general circulation published in the county, a notice of its intention to sell such unclaimed property at public auction to the highest bidder at the time and place therein specified. [Formerly numbered Section 9-55; amended by Ord. No. 3600, eff. 8/31/02; 3478, 3282, 3058, 2198.]

All sales of unclaimed property by the auction company or Police Department shall be held not less than five (5) working days after publication of the notice of intention to sell in a newspaper of general circulation published in the county. Items shall be sold at public auction to the highest bidder. Where the particular item offered for sale is one which certain persons are prohibited by law from possessing, using, or consuming, such persons shall not be permitted to participate in the bidding on such items. [Formerly numbered Section 9-56; amended by Ord. No. 3600, eff. 8/31/02; 3478, 3282, 3058, 2198.]

Proceeds received from the sale of unclaimed property shall be delivered to the City Treasurer for deposit in the appropriate fund, as determined by the Financial Department. [Formerly numbered Section 9- 57; amended by Ord. No. 3478, eff. 3/7/98; 3395, 3282, 3058, 2198.]

The Purchasing Manager shall report to the City Manager any items remaining unsold after a public auction of such items, and the City Manager shall instruct the Financial Services Director regarding the disposition to be made thereof as the City Manager may see fit in the public interest. [Formerly numbered Section 9-58; amended by Ord. No. 3478, eff. 3/7/98; 3282, 3058, 2198.]

The expenses connected with a sale of unclaimed property shall be properly charged against the funds determined by the Financial Services Department. [Formerly numbered Section 9-59; amended by Ord. No. 3600, eff. 8/31/02; 3478, 3282, 3058, 2198.]