Cudahy Municipal Code Ch. 3.20 Disposition of Unclaimed Property

Unless the context clearly requires otherwise, whenever used in this chapter, the following words and phrases shall be defined as follows:

(1) “Property” shall mean tangible personal property other than legal tender (which is governed by Government Code Sections 50022 et seq.) and abandoned automobiles (which are governed by Chapter 8.24 CMC).

(2) “Unclaimed property” shall mean any property, other than abandoned property, found or saved on real property subject to the jurisdiction of the city, which has not escheated to the state of California pursuant to Code of Civil Procedure Section 1519.

(3) “Abandoned property” shall mean property which is voluntarily and intentionally abandoned by its owner.

(4) “Hearing officer” shall mean the city manager or his or her designee. (Ord. 492 § 1; Ord. 472 § 2. 2002 Code § 2-10.1).

If unclaimed property has been in the city’s possession for three months or more and has not been claimed by its owner, after notice pursuant to CMC 3.20.030, the city manager may use that property in city service, sell it at public auction, or, if the property remains unsold after auction, destroy that property or dispose of it in any other lawful manner. The net proceeds of any sale of unclaimed property shall be deposited in the general fund of the city. (Ord. 492 § 1; Ord. 472 § 1. 2002 Code § 2-10.2).

Notice of intention to sell, use, destroy or dispose of unclaimed property shall be sent by registered mail to the last known address of its owner, if the ownership of the property is ascertainable. If ownership is not ascertainable, then the city manager shall publish notice once in a newspaper of general circulation in the city published in Los Angeles County. Such mailed or published notice shall be given at least five days before the unclaimed property is sold, used, destroyed, or otherwise disposed. Notice pursuant to this section may, but need not be, posted in City Hall or at other locations in the city or given by such additional means as the city manager directs. (Ord. 492 § 1; Ord. 472 § 1. 2002 Code § 2-10.3).

(1) If two or more apparently valid claims to unclaimed property are received by the city prior to the sale, use, destruction, or disposition of the property, the hearing officer shall afford each claimant a reasonable opportunity to establish his or her claim and to rebut competing claims.

(2) The hearing officer shall determine which claimant prevails, and shall release the property to such person 91 days after notice of the decision is given, provided that judicial review, if available, is not timely sought. If judicial review is available and is timely sought, the hearing officer shall release the property as a court may order or in such manner as is permitted by law. (Ord. 492 § 1; Ord. 472 § 1. 2002 Code § 2-10.4).

(1) Any interested person may appeal the decision of the hearing officer by filing a written notice of appeal with the city clerk within five days after the decision along with an appeal fee in an amount established by resolution of the city council, although such fee may be reduced or waived by the city manager when the fee exceeds the city manager’s reasonable estimate of the value of the unclaimed property which is the subject of the decision.

(2) Such appeal shall be heard by the city council which may affirm, amend, or reverse the order or remand the matter to the hearing officer with instructions.

(3) The city clerk shall give written notice of the time and place of the hearing to all claimants. (Ord. 492 § 1; Ord. 472 § 1. 2002 Code § 2-10.5).

The city may impose reasonable storage fees upon a claimant whose property has been stored by the city. Such fees shall not exceed the city’s actual storage costs, including such overhead costs as insurance, security and staff time. (Ord. 492 § 1; Ord. 472 § 1. 2002 Code § 2-10.6).