El Monte Municipal Code Ch. 2.64 Unclaimed Property

Every officer and employee of the city who shall find any lost money or property in or upon any public ground, street, highway, road, alley, sidewalk as defined by Section 5600 of the Streets and Highways Code of the state, any public building or other real property of the city, or when in the course of his or her duties as a city employee shall otherwise come into the possession of any personal property the owner of which is unknown, shall deliver the same to the officer or person in charge of the place where such money or property is found, or to the head of the department in which such employee is employed, together with a written statement disclosing the circumstances of the finding, including the tune and place thereof and the address of the owner or the person entitled to the possession thereof if known to the finder.

(Prior code § 4301)

Any person who is not an employee of the city and who finds and takes possession of any money, goods, or other personal property having a value of ten dollars ($10.00) or more shall, within a reasonable time, inform the owner, if known, and make restitution without charge, except a reasonable charge for taking care of the property.

(Prior code § 4301.1)

A. If the owner is unknown or has not claimed the property, the person finding the property, the head of the department to whom such property is delivered by a city employee, or the officer or person in charge of the place where such property is found and to whom such property is delivered by a city employee, shall within a reasonable time cause the property, along with any written statement relevant to its finding received from a city employee, to be delivered to the custody of the Chief of Police who shall care for and protect all such property coming into his or her possession. The person finding such property and delivering such property to the Chief of Police, if not an employee of the city nor the officer or person to whom such property was delivered by an employee of the city, shall make an affidavit particularly describing the property and stating when and where it was found.

B. Unclaimed property is to be delivered to the Police Department only if the property has a value of one hundred dollars ($100.00) or more.

(Amended during 1999 recodification; prior code § 4302)

The Police Department shall notify the owner, if his or her identity is reasonably ascertainable, that it possesses the property and where it may be claimed. The Police Department may require payment by the owner of a reasonable charge to defray costs of storage and care of the property. If the owner appears within ninety (90) days after receipt of the property by the Police Department, proves his or her ownership of the property, and pays all reasonable charges, the Police Department shall restore the property to him or her.

(Prior code § 4302.1)

When property is found and turned over to the Police Department and no owner appears and proves his or her ownership within ninety (90) days:

A. If the reported value of the property is less than two hundred fifty dollars ($250.00), title thereto shall vest in the person who found or saved the property unless the property was found in the course of employment by an employee of any public agency in which case the property shall be sold at public auction.

B. If the reported value of the property is two hundred fifty dollars ($250.00) or more, the Chief of Police shall cause a notice of the property to be published at least once in a newspaper of general circulation including the city. If, after seven (7) days following the first publication of the notice, no owner appears and proves his or her ownership of the property and the person who found or saved the property pays the cost of publication, title thereto shall vest in that person unless the property was found in the course of employment by an employee of any public agency in which case the property shall be sold at public auction. Title to the property shall not vest in the person who found or saved the property or in the successful bidder at the public auction unless the cost of publication is first paid to the city.

(Amended during 1999 recodification; prior code § 4302.2)

All unclaimed property, other than money, received by the Police Department either pursuant to Section 2.64.030, found or saved on property subject to its jurisdiction, or seized as evidence pursuant to its jurisdiction and subsequently authorized for release, shall be held for a period of at least three (3) months from and after the date of its being received, found, or authorized for release, whichever is longer, and thereafter sold by the Chief of Police, or by some person under his or her direction, at public auction to the highest bidder.

(Prior code § 4303)

When the Chief of Police or his or her designee determines that unclaimed property has a special value, it shall be appraised for the purpose of establishing a minimum bid for such item. In the event such item does not receive the minimum bid at auction, it may be retained by the Chief of Police or his or her designee and thereafter sold at a subsequent public auction without a minimum bid or disposed of pursuant to Section 2.64.100.

(Prior code § 4303.1)

Notice of sale of unclaimed property shall be given by the Chief of Police at least five (5) days before the time fixed therefore by publication once in a newspaper of general circulation including the city. Said notice shall contain a statement of the time and place fixed by the Chief of Police for such auction, together with a general statement of the kind of property offered for sale.

(Prior code § 4304)

Immediately upon the completion of any such sale, the Chief of Police shall report to the City Controller the necessary expenses of such sale actually incurred and a statement of the proceeds of such sale, and shall forthwith pay to the City Treasurer for deposit in the general fund the proceeds remaining after payment of the expenses actually incurred.

(Prior code § 4305)

If there be no bids for any item offered for sale at such auction, it shall be offered for sale with other unclaimed found property at the next auction sale. If any item be not sold at the second auction at which it is offered, it shall be turned over to the Administrative Officer who shall make such disposition thereof, in the public interest, as he or she shall deem fit. The Administrative Officer shall advise the City Controller of the disposition made of all such property thus received by him or her, and shall forthwith pay the City Treasurer all moneys received by him or her in the disposal of such property.

(Prior code § 4306)

Property of any kind or character whatsoever the possession of which is prohibited by law or, as determined by the Chief of Police, is inherently dangerous or poses a threat to public peace or safety, shall not be offered for sale at public auction pursuant to Section 2.64.080, nor be disposed of by the Administrative Officer pursuant to Section 2.64.100, nor be retained for public use pursuant to Section 2.64.120 except as an educational or training aid for the police and/or fire departments with the approval of the City Council, but shall be disposed of as is provided by law or, in the absence of an applicable provision, as designated by the Chief of Police and approved by the City Council.

(Prior code § 4306.1)

If the Chief of Police, his or her designee, the Purchasing Officer of the city, or the Administrative Officer of the city, determines that any unclaimed property designated for sale or disposal is needed for a public use, pursuant to authority granted by California Civil Code Section 2080.4, such property need not be sold or disposed of but may be retained by the city.

(Prior code § 4306.2)

The Chief of Police, in lieu of sale at public auction or conversion to public use by the city, may elect to dispose of bicycles and toys by delivering them over to the Probation Department or Welfare Department of the county pursuant to the provisions of Section 217 of the Welfare and Institutions Code.

(Prior code § 4306.3)

If property is designated for sale at public auction pursuant to Section 2.64.060 of this chapter or converted to public use pursuant to either Section 2.64.120 or 2.64.130, it shall not thereafter be redeemable by the owner or other person entitled to possession.

(Prior code § 4306.4)

Except as otherwise provided by law, any money deposited with the Chief of Police may be held by the Chief of Police and/or the City Treasurer for a period of three (3) years. Any money deposited which remains unclaimed for three (3) years shall become the property of the city if not claimed or if no verified complaint is filed and served after notice is given pursuant to Section 2.64.160.

(Prior code § 4307)

At the expiration of the three (3) year holding period, the Chief of Police and/or City Treasurer shall cause a notice to be published in the official newspaper once a week for two (2) successive weeks stating the amount of the money, the fund if any in which it is held, and that it is proposed that the money will become the property of the city on a designated date of not less than forty-five (45) days nor more than sixty (60) days after the first publication of said notice.

(Prior code § 4307.1)

Upon or prior to publication, a party of interest may file a claim with the Chief of Police and/or City Treasurer which must include the claimant's name, address, amount of claim, the grounds on which the claim is founded, and any other information that may be required of the claimant. The Chief of Police and/or City Treasurer shall accept or reject each such claim according to its merit. Upon rejecting any claim, the Chief of Police and/or City Treasurer shall notify the claimant that he or she has only thirty (30) days in which to file and serve a court action on the claim. Notwithstanding other provisions of this section, the Chief of Police and/or City Treasurer may release to the depositor of the unclaimed money, their heir, beneficiary, or duly appointed representative, unclaimed money if claimed prior to the date the money becomes the property of the city upon submission of satisfactory proof.

(Prior code § 4307.2)

Any money not claimed by the date designated in the notice or for which no court action is filed and served within thirty (30) days of a claim rejection shall become the property of the city and shall be deposited in the general fund.

(Prior code § 4307.3)

Any other provision of law notwithstanding, any amount of money of less than ten dollars ($10.00), or any amount if the depositor's name is unknown, which remains unclaimed for three (3) years may be transferred to the general fund by the City Council without the necessity of publication of notice.

(Prior code § 4307.4)

The provisions of this chapter have no application to things which have been intentionally abandoned by their owner.

(Prior code § 4308)