Chapter 3.12 — UNCLAIMED PROPERTY

State Law reference— For statutory provisions on the special gas tax street improvement fund, see Str. and Hys. Code §2113; for provisions on expenditures of money apportioned to such a fund, see Str. and Hys. Code §186.3.

Any unclaimed property, except bicycles, in the custody of the police department, shall be kept by the department under lock and key in a place accessible only to authorized members of the department for a period of at least four months from the date on which the property came into the custody of the department. Bicycles shall be kept at least three months. All such unclaimed property shall be tagged or otherwise marked to show date received and from whom or how received. A record shall also be maintained by the police department setting forth the above data, a description of the property, and its disposition.

(Ord. 223 §1, 1962; Ord. 380 §1, 1978)

At such times as the chief of police may determine necessary, so much of the unclaimed property in the custody of the police department which has been held for more than four months, or in the case of bicycles, three months, shall be sold at public auction, the time and place of such sale to be published at least five days before the sale in the newspaper of general circulation in the city. The auction may be held and conducted by the chief of police or by any person selected by him to conduct the same. Sales must be for cash, at least ten percent of the amount bid deposited with the bid, the balance to be paid on delivery of the article sold. All sales are final with no right of redemption unless specifically provided by law. The chief of police, or the person designated by him, may give the buyer a bill of sale describing the article sold, the amount paid and the date of sale. All moneys received as proceeds of the sale shall be deposited to the credit of the general fund of the city.

(Ord. 223 §2, 1962; Ord. 380 §2, 1978)

All unclaimed property in the custody of the police department is subject to redemption, before its sale as provided in Section 3.12.020, by its legal owner or his authorized representative, upon proof of ownership

and proper identification.

(Ord. 223 §3, 1962)

The owner of any property coming into the custody of the police department as unclaimed may be assessed a reasonable charge for the safekeeping thereof, the sum to be determined by the chief of police or the mayor. If it is necessary that the same is placed for safekeeping in a warehouse, the owner shall be liable for the total amount of the storage charges thereon and the cost of transportation to the warehouse.

(Ord. 223 §5, 1962)

Unclaimed property of no monetary value may be destroyed by the chief of police with consent of the mayor. Perishable property may be sold without notice and the proceeds thereof held for the benefit of the legal owner for at least two months, when, if such proceeds are unclaimed, they shall be paid into the city treasury as in the case of sales of other property.

(Ord. 223 §4, 1962)

The provisions of this chapter shall not apply to finders of lost property who have complied with the provisions of Section 2080.3 of the Civil Code of the state.

(Ord. 223 §6, 1962; Ord. 380 §3, 1978)