Corona Municipal Code Ch. 1.12 Unclaimed Property

The purpose of this chapter is to provide the Corona Police Department with regulations and procedures for the care and disposal of unclaimed property.

(`78 Code, § 1.12.010.)

For the purposes of this chapter, certain words and phrases have the following meanings.

(A) "City" means the City of Corona, its officers, officials and employees.

(B) "Shall" is mandatory.

(C) "May" is permissive.

(D) "Police Department" means the Corona Police Department, its chief, officers and personnel.

(E) "Unclaimed property” means, except as herein provided, any and all properties entrusted to or found by the Police Department or other city departments which the legal and rightful owner has left unclaimed. Unclaimed property shall not include money held by the Police Department as evidence or potential evidence for the court's use, which shall be deemed to be held in the city's official custody pursuant to Cal. Gov't Code § 50050 et seq. and disposed of according to such provisions.

(F) Bicycle" means a bicycle, tricycle or similar self-propelled vehicle.

(`78 Code, § 1.12.020.) (Ord. 3307 § 1, 2019)

(A) All unclaimed property shall remain in the care and custody of the Police Department for a period of not less than 90 days following its acquisition by the Police Department.

(B) The Police Department may require the owner of property that has been held by the Police Department to pay a reasonable charge to defray costs of storage and care of the property. This charge shall be established by resolution of the City Council, and may included the city's direct and indirect costs, including maintenance of the storage facility, recordkeeping, and placement of the property into storage and retrieval from storage.

(C) The Police Department shall employ all available means to insure that all unclaimed property is restored to its rightful and legal owner. Such means may include, but are not limited to, checking serial numbers, advertising and making personal contacts.

(`78 Code, § 1.12.030.) (Ord. 2833 § 10, 2006; Ord. 1629 § 1 (part).)

(A) Options. After unclaimed property has been held for the required period, the unclaimed property may be:

(1) Publicly auctioned off at a time convenient to the Police Department and the City Manager; or

(2) Retained by the city for the purposes provided for in Section 1.12.040(C) and (D); or

(3) Retained by the city if it is otherwise determined by the City Manager that such property is needed for

public use.

(B) Public auctions. If auctioned, the unclaimed property shall be sold to the highest bidder. Notice of the auction shall be given by the Chief of Police, or designee, at least five days before the time fixed for the auction by publication once in a newspaper of general circulation published in Riverside County. Any property remaining unsold after the auction may be retained by the city, destroyed or otherwise disposed of in any manner determined reasonable by the City Manager or designee.

(C) Donations. The city finds and determines that there is a public use and purpose in the city retaining the unclaimed property so that it may be donated to other public agencies or to charitable, civic or non-profit organizations. Any such donation shall be approved by the City Council pursuant to an agreement or other written document with the receiving entity.

(D) Money. The city finds and determines that there is a public use and purpose in the city retaining money held in the city's unofficial custody for the purpose of returning a portion of it to the person(s), organization(s) and/or other entity(ies) responsible for turning it over to the city. Those responsible shall be determined by the Chief of Police in his/her sole discretion. The portion returned shall be determined by the Chief of Police, after he/she reasonably deducts an amount necessary to reimburse the city for its investigative and other operational and administrative expenses incurred with respect to the unclaimed money.

(`78 Code, § 1.12.040.) (Ord. 3307 § 2, 2019; Ord. 1629 § 1 (part).)

As provided in Section 1.12.020 above, property held by the Police Department as evidence or potential evidence for the court’s use is deemed to be held in the city's official capacity, pursuant to Cal. Gov't Code § 50050 et seq., and shall be exempted and excluded from this chapter. After the court has completed its use of the property, and if it is not claimed by the legal owner at this time, the property shall be disposed of pursuant to Cal. Gov't Code § 50050 et seq..

(`78 Code, § 1.12.050.) (Ord. 3307 §, 2019)

During the time that unclaimed property is in the custody of the Police Department, the unclaimed property shall not be used in any way by any person or persons but shall be stored by the Police Department in a place and manner suitable and appropriate for such property. This prohibition includes, but is not limited to radios, television sets, furniture, watches, firearms, jewelry and clothing.

(`78 Code, § 1.12.060.)