Clearlake Municipal Code § 5-14 Disposition of Unclaimed Property

Unclaimed stolen property in the custody of the Police Department shall be disposed of in the manner prescribed by Penal Code Section 1411. (Ord. #48, S1)

Pursuant to the provisions of Civil Code Section 2080.4, this section is adopted. Whenever any apparently lost personal property is found by any City employee on any City property, including any public street in the City, or in any public park, or whenever any person shall turn over any apparently lost property to the City for custody, such items shall be placed in the custody of the Police Department. All such property shall be held by the Police Department for at least four (4) months, except for bicycles, which shall be held for at least three (3) months. (Ord. #48, S2)

a. Property Turned Over to Police by Person Other than City Employee on Duty. If the value of the property is less than fifty ($50.00) dollars, title shall vest in the person who turned over the property to the Police. If the value of the property is fifty ($50.00) dollars or more, the Chief of Police shall cause to be published a notice describing the property and stating that the property will be turned over to the finder if not claimed within seven (7) days of publication.

This notice shall be published once in a newspaper of general circulation. The Chief of Police may describe several articles received in custody at different times from different finders in a single notice, and may delay publication of notice until a sufficient number of articles have been held the requisite period, provided that publication shall occur within eight (8) months of the date that the finder delivered the property to the Police. b. Bicycles. The City Council hereby finds and declares that all unclaimed bicycles, bicycle parts, and bicycle accessories are considered to be unclaimed property upon the expiration of three (3) months from the date the Clearlake Police Department received said property. After expiration of the prescribed time said unclaimed property may, at the discretion of the Chief of Police, be destroyed or donated to a non-profit organization which repairs and rehabilitates bicycles for use as gifts for needy children provided said non-profit organization agrees to the following: 1. That no bicycle, bicycle part, or bicycle accessory delivered to such organization by the Clearlake Police shall be sold; 2. That the rehabilitated bicycles shall be distributed to needy children without regard to race, religion, or other constitutionally prohibited discriminatory qualifications; 3. That needy children residing within the City limits of the City of Clearlake shall be included within the organization’s area of distribution. c. All Other Property. The City Council hereby finds and declares that all other property shall be considered unclaimed property upon the expiration of three (3) months from the date said property was received by the Clearlake Police Department. After the expiration of the prescribed time, such unclaimed property may, upon recommendation of the Chief of Police and approval of the City Manager, be disposed of in one of the following manners: 1. Destroyed; 2. Declared to be needed for public use and retained by the City of Clearlake as City property; 3. Disposed of through sealed bid process; 4. Disposed of at public auction. Whenever disposal is to be by sealed bid or public auction notice must be given in a newspaper which is published and circulated within the City of Clearlake at least seven (7) days prior to the bid opening or auction date. (Ord. #48, S3; Ord. #02-87, SS1, 2; Ord. #2012-153)