Cathedral City Municipal Code Ch. 11.76 Unclaimed Property

In this chapter:

"Chief of police"

means the chief of police or his agent, duly authorized by him.

"Unclaimed property"

means money, chattels or property of all kinds and descriptions, excepting animals, which property is lost, stolen, abandoned or otherwise unclaimed.

(Ord. 15 § 1, 1982)

The chief of police shall be the custodian of all unclaimed property which may now be in his possession or his control, or which may hereafter come into the possession or control of the chief of police or any police officer of the city.

(Ord. 15 § 1, 1982)

The chief of police and every police officer of the city, upon taking or receiving into his custody, in the discharge of his duty, unclaimed property, shall forthwith deliver the unclaimed property to the chief of police, who shall register all such property delivered to or received by him in a book kept for that purpose, stating the name of the person from whom, and by whom, the property has been taken, the name of all claimants to the property, the time of seizure and the final disposition of the property.

(Ord. 15 § 1, 1982)

All unclaimed property in the possession of the chief of police, except property subject to confiscation under the laws of this state or the laws of the United States of America, shall be stored in a safe place by the chief of police.

(Ord. 15 § 1, 1982)

The chief of police shall restore unclaimed property in his possession to its legal owner, upon proof of the ownership satisfactory to the chief of police and upon the payment of all reasonably necessary costs incurred in the care and protection thereof, unless the property is held by the chief of police as evidence in a pending civil or criminal case, in which event it shall be disposed of only upon order of the proper court, or otherwise in accordance with state law.

(Ord. 15 § 1, 1982)

At any time after holding the unclaimed property for at least six months, the chief of police shall publish once in a newspaper of general circulation within the county a notice of his intention to sell all such unclaimed property at public auction to the highest bidder at the time and place therein specified together with a brief description of the unclaimed property to be sold.

(Ord. 15 § 1, 1982)

The notice shall be published at least five days prior to the date of the sale.

(Ord. 15 § 1, 1982)

After having duly published the advertisement provided for by Sections 11.76.060 and 11.76.070, the chief of police shall, at the time and place designated in the advertisement, proceed to sell at public auction, to the highest bidder for cash, lawful money of the United States of America, the property described in the advertisement, and, after having paid the just and reasonable expenses for storage, advertising and sale, from the proceeds of the sale, shall turn the remainder of the proceeds over to the city treasurer, who shall retain the proceeds in an appropriate trust fund.

(Ord. 15 § 1, 1982)

The city treasurer shall retain the proceeds for a period of one year from the date of the sale, subject to any lawful claim which may be made by the owner of any of the unclaimed property sold.

(Ord. 15 § 1, 1982)

The chief of police shall give a full accounting as to the proceeds of the sale and the disposition thereof to the city manager within thirty days following the sale.

(Ord. 15 § 1, 1982)

The city treasurer shall, at the expiration of one year from the date of each and every sale made under this chapter, pay into the general fund all moneys remaining in his hands on account of the sale or sales.

(Ord. 15 § 1, 1982)