East Palo Alto Municipal Code Ch. 3.24 Unclaimed Property

The disposition of lost and unclaimed property shall be administered by the police department in accordance with the California Civil Code at Section 2080 et seq.

(Prior code § 3-4.101)

A. At the time an item of lost or unclaimed property is presented to the police department pursuant to the provisions of the Civil Code, such item shall be received if, in the judgment of the receiving officer, the item has the value of ten dollars ($10.00) or more. If, in the receiving officer's judgment, the value of the item is less than ten dollars ($10.00), the police department shall not take possession of the property, but it shall remain in the possession of the finder.

B. If the finder of an item of lost property which, in the judgment of the receiving officer has a value of less than ten dollars ($10.00), refuses to retain possession thereof and deposits the item with the police department, such property shall be deemed not to be public property, and the police department may (1) give such property to a charity or (2) may accumulate such property and dispose of it in a manner approved by the city council.

(Prior code § 3-4.102)

A. At any time after an item of lost or saved property is taken into possession by the police department pursuant to the provisions of this code, such item of property may be destroyed or otherwise disposed of if, in the opinion of the police department, its continued storage would be inimical to the health, safety or welfare of the city.

B. If, after the prescribed storage period has passed, and the prescribed notice has been given, lost property remains unclaimed by the owner, general law provides that title vests in the finder, unless such finder is a public employee. When a finder in whom title vests relinquishes his claim and interest in the property, the police department many give away, sell at public auction, or otherwise dispose of such property in whatever manner he/she deems to be in the public interest.

C. Unclaimed property, as described above, found by any employee of any public agency, shall be sold by the police department at public auction.

(Prior code § 3-4.103)

Pursuant to Section 516 of the Welfare and Institutions Code of the state, any bicycles or toys or both which remain unclaimed by the owner at the end of the prescribed period and in which the finder has relinquished all interest, may be turned over by the police department to the juvenile bureau or the probation officer or the welfare department of the city for use in any program of activities designed to prevent juvenile delinquency.

(Prior code § 3-4.104)

A. Whenever the police department conducts a public auction for the purpose of selling unclaimed property in his/her possession, he/she shall give notice of such sale by publishing notice thereof once in a newspaper of general circulation published in the city, at least five days before the time fixed for the sale.

B. The public auction shall be held not less than five days after the publication of the notice of sale. Each item shall be separately sold at auction to the highest bidder, except in cases where there may be several of the same kind of article of little value, in which case the several articles may be sold by lot or parcel.

C. The expenses connected with the sale shall be a proper charge against the funds of the police department, and the receipts and proceeds of the sale shall first be applied to reimburse the police department for such expenses. The balance of the proceeds shall be deposited in the city treasury.

(Prior code § 3-4.105)

Any items advertised for sale at public auction and remaining unsold after such auction, shall be disposed of by the police department in whatever manner deemed to be in the public interest.

A. Personal property abandoned by prisoners shall be handled in the same manner as other unclaimed property.

B. In the case of certain deadly weapons, disposition of which is governed by other law, such law shall prevail over the provisions of this chapter.

(Prior code § 3-4.106)