Downey Municipal Code Ch. 8 Unclaimed Property and Money

The Police Chief shall make provisions for receiving and safekeeping found property and money delivered to him or coming into his possession. A receipt shall be issued to the person delivering such property or such money.

(Added by Ord. 72, adopted 12-23-57)

Such property shall be stored in a safe place and such money deposited with the Director of Finance for a period of at least three months unless sooner claimed by the true owner and after the expiration of three months shall then be deemed to be unclaimed property or unclaimed money and subject to disposal as provided in this chapter.

(Amended by Ord. 338, adopted 12-11-67)

During the period of time during which such property or money must be held such property may be delivered to or such money paid to the true owner. Such property shall be delivered upon proof of ownership satisfactory to the Police Chief after 10 days' notice by mail to the person who delivered such property and to others who have asserted a claim of ownership at any address given by such persons. Such money shall be paid to the true owner upon written order to the Director of Finance and City Treasurer from the Police Chief. The Police Chief shall make such order upon the same proof of ownership and with the same notice as prescribed in the case of property. Charges for the care of the property or money, not exceeding 10% of the value of the property or the amount of the money, may be charged for its safekeeping. If ownership cannot be determined to the satisfaction of the Police Chief he may refuse to deliver such property or order the payment of such money to anyone until ordered to do so by a court.

(Amended by Ord. 237, adopted 11-26-63)

If the true owner does not appear during the prescribed period of time during which such property or money must be held, and claim the property or money, it may be delivered back to the person who delivered it to the Police Chief if at the time of delivery such person indicated in writing that he wished to assert a claim to the property or money as a finder. Charges may be imposed as provided in the preceding section.

(Amended by Ord. 237, adopted 11-26-63)

All money so received by the Police Chief and not delivered to the true owner during the period of time prescribed herein or to the finder shall within 30 days thereafter be deposited in the general fund.

(Amended by Ord. 237, adopted 11-26-63)

Property so received and not delivered to the true owner or finder shall be disposed of by public auction or appropriation to the use of the City, not less than five days after a notice describing the articles to be disposed of and announcing the date, time and place of the auction is published once in the official newspaper of the City.

(Added by Ord. 72, adopted 12-23-57)

Any costs or charges for keeping or depositing the property or money and the costs or charges for the advertising and sale shall be a proper charge against the City.

(Added by Ord. 72, adopted 12-23-57)

Any articles of property to be appropriated to the use of the City shall be made available to the division in need thereof upon approval of such appropriation by the City Manager.

(Added by Ord. 72, adopted 12-23-57)

After such auction under this article is completed the Police Chief shall deliver the proceeds of the auction to the Director of Finance for deposit in the general fund.

(Added by Ord. 72, adopted 12-23-57)

Any property advertised and offered for sale, but not sold and not suitable for appropriation to the use of the City, shall be deemed to be of no value and shall be disposed of in such manner as the City Manager directs.

(Added by Ord. 72, adopted 12-23-57)

Any property coming into the possession of the Police Chief which he determines to be dangerous or perishable may be disposed of immediately, without notice, in such manner as he determines to be in the public interest.

(Added by Ord. 72, adopted 12-23-57)