Carpinteria Municipal Code Ch. 2.52 Unattended and Abandoned Personal Property

Footnotes:

--- (8) ---

Editor's note— Ord. No. 777, § 2(Exh. A), adopted Feb. 26, 2024, amended ch. 2.25 in its entirety to read as herein set out. Former ch. 2.25, §§ 2.52.010—2.52.040, pertained to unclaimed and abandoned property, and derived from prior code § 3600; prior code § 3601(a), (b); ord. 247 § 9, 1978; ord. 314 § 1, 1981; ord. 541 § 1 (part), 1998.

A. "Personal property" means movable, tangible items or things.

B. Personal property that is a "threat to health/safety or criminal" means personal property that poses a threat to health and safety or is contraband/evidence of a crime (such as drug paraphernalia).

C. "Abandoned personal property" means personal property that, based on the totality of the circumstances, a reasonable person would believe has been abandoned by its owner. Personal property belonging to a homeless person is generally not abandoned personal property.

D. "Unattended personal property" means personal property that, based on the totality of the circumstances, a reasonable person would believe has been left unattended by its owner but is not abandoned.

(Ord. No. 777, § 2(Exh. A), 2-26-2024)

It is unlawful to store personal property on public property.

(Ord. No. 777, § 2(Exh. A), 2-26-2024)

A. Abandoned personal property and personal property that is a threat to health/safety or criminal may be immediately removed and disposed of by enforcement officers.

B. Subject to Section C below, unattended personal property may only be removed in accordance with the following procedures:

1. Post pre-removal notice 72 hours prior to removal.

2. Post post-removal notice notifying the reader of how to collect removed items.

3. Hold property for 90 days.

C. If city staff reasonably determines that compliance with the pre-removal notification requirement set forth in subsection B.1 is not feasible given the nature of the property, staff shall follow the other aspects of the abatement process (e.g., post-removal notice and 90-day storage) to the extent reasonably possible. If city staff reasonably determines that compliance with both the notification requirements set forth in subsections B.1 and B.2 are not feasible given the nature of the property, staff shall follow the procedures for summary abatement set forth in Chapter 1.06.

D. After holding personal property for the requisite time period, the city manager or authorized designee may sell or otherwise dispose of such property, including via a public auction held in accordance with California Civil Code § 2080 et seq.

(Ord. No. 777, § 2(Exh. A), 2-26-2024)

Notwithstanding anything to the contrary in Chapter 1.08 or elsewhere in this Code, enforcement officers shall not issue a citation or otherwise pursue prosecution to enforce unauthorized storage of personal property in violation of Section 2.52.020 when the violator is a homeless person, provided that personal property belonging to such persons may still be removed in accordance with the abatement process set forth above.

(Ord. No. 777, § 2(Exh. A), 2-26-2024)