Humboldt County Municipal Code Title II Administration

Chapter 4 – § 224-1. § 224-2. § 224-3. § 224-4. § 224-5.

§ 2210-1. § 2210-2. § 2210-3. § 2210-4. § 2210-5. § 2210-6. § 2210-7. § 2210-8. § 2210-9. § 2210-10. § 2210-11. § 2210-12. § 2210-13. § 2210-14. § 2210-15. § 2210-16. § 2210-17.

[Repealed by Ordinance 2351, § 2, 12/6/2005]

[Repealed by Ordinance 1442, § 3, 1/13/1981] § 2210-1. § 2210-2. § 2210-3. § 2210-4. § 2210-5. § 2210-6. § 2210-7. § 2210-8. § 2210-9. § 2210-10. § 2210-11. § 2210-12. § 2210-13. § 2210-14. § 2210-15. § 2210-16. § 2210-17.

[Repealed by Ordinance 1442, § 4, 1/13/1981] § 2212-1. § 2212-2. § 2212-3. § 2212-4. § 2212-5. § 2212-6. § 2212-7. § 2212-8. § 2212-9.

Sections: Purpose and Findings. Definitions. Public Authority Created.

§ 2213-4. § 2213-5. § 2213-6. § 2213-7. § 2213-8. § 2213-9. § 2213-10. § 2213-11. § 2213-12. § 2213-13. § 2213-14. § 2213-15. § 2213-16. § 2213-17. § 2213-18. § 2213-19. § 2213-20. § 2213-21. § 2231-22. § 2213-23. § 2213-24. § 2213-25. Governing Body. Separate Entity. Advisory Board. Authority Employees. Powers. Recipient Selection. State Responsibilities. Authority Duties. No Employer Liability. No Non-Referral Liability. No County or State Liability. Public Authority Liability. Liability Insurance. Indemnification. Staffing. Labor Relations. Fiscal Provisions. Budget. Records. Interpretation. Severability. Termination. 2213-1. Purpose and Findings. As required by Welfare and Institutions Code § 12302.25 the Board of Supervisors establishes a public authority, separate and apart from the County of Humboldt, whose powers are derived from and consistent with the provisions of Welfare and Institutions Code § 12301.6, as may be amended from time to time. The purpose of this public authority is to provide for the delivery of the In-Home Supportive Services Program as specified in the Welfare and Institutions Code and this chapter, subject to all applicable federal and state laws and regulations, and to the limitations set forth in this chapter. The public authority shall serve as the employer of providers of in- home supportive services for purposes of the Meyer-Milias-Brown Act. The Board of Supervisors of Humboldt County hereby determines that the establishment of the public authority is necessary for the public health and welfare. (Ord. 2278, § 1, 9/10/2002) 2213-2. Definitions. (a) “Authority” means the Humboldt County Public Authority for in-home supportive services.

(b) “County” means the County of Humboldt. (c) “IHSS” means in-home supportive services as described in Welfare and Institutions Code § 12300 et seq. (d) “Recipient” means a person eligible for and authorized to receive in-home supportive services pursuant to Welfare and Institutions Code § 12300 et seq. (e) “Provider” means a person who provides in-home supportive services to a recipient. (Ord. 2278, § 1, 9/10/ 2002) 2213-3. Public Authority Created. Pursuant to Welfare and Institutions Code § 12301.6, a public authority for in-home support services is hereby established. The public authority shall be known as the Humboldt County In-Home Supportive Services Public Authority and shall hereafter be referred to as the “Authority”. (Ord. 2278, § 1, 9/10/2002) 2213-4. Governing Body. The governing body of the Authority shall be the Humboldt County Board of Supervisors. (Ord. 2278, § 1, 9/10/ 2002) 2213-5. Separate Entity. The Authority shall be a public entity separate from the County and shall file the Statement of Fact for the Roster of Public Agencies required by Government Code § 53501. (Ord. 2278, § 1, 9/10/2002) 2213-6. Advisory Board. (a) Humboldt County’s Advisory Committee on In-Home Supportive Services was established pursuant to Welfare and Institutions Code § 12301.6(b)(3)(C), (D) by Resolution No. 2000-50 on June 6, 2000, as amended by Resolution No. 01-05 on January 9, 2001. The Advisory Committee is hereby appointed as the Advisory Board to the Authority. (b) The Advisory Board shall assume all functions and responsibilities previously delegated to the Advisory Committee by the County Board of Supervisors. (c) The Advisory Board shall report directly to the Authority’s Governing Board. (Ord. 2278, § 1, 9/10/2002)

2213-7. Authority Employees. Employees of the Authority shall not be employees of County for any purpose. (Ord. 2278, § 1, 9/10/2002) 2213-8. Powers. (a) The Authority shall be a corporate public body, exercising public and essential governmental functions, that has all the powers necessary or convenient to carry out the delivery of IHSS in Humboldt County. These powers shall include, but not be limited to, the power to contract for services pursuant to Welfare and Institutions Code §§ 12302 and 12302.1, and to make or provide for direct payment to a care provider chosen by the recipient for the purchase of services pursuant to Welfare and Institutions Code §§ 12302 and 12302.2. (Ord. 2278, § 1, 9/10/ 2002) (b) The Authority shall have the power in its own name to do any of the following: (1) To contract for the services of planners, financial consultants and other experts and, separate and apart therefrom, to employ such other persons as it deems necessary. (2) To sue and be sued in its own name. (3) To incur debts, liabilities or obligations subject to any limitations herein set forth. (4) To apply for, accept and receive state, federal or local licenses, permits, grants, loans or other aid from any agency of the United States of America, or of the State of California necessary for the Authority’s full exercise of its powers. (5) To perform all acts necessary and proper to carry out fully the purpose of this Chapter and not inconsistent with Welfare and Institutions Code §§ 12300 et seq. or this Chapter. (Ord. 2278, § 1, 9/10/2002) (c) The Authority shall be deemed to be the employer of IHSS care providers referred to recipients within the meaning of the Meyers-Milias-Brown Act, Government Code §§ 3500 et seq. (Ord. 2278, § 1, 9/10/2002) (d) In order to assure the preservation of the individual provider mode and limit the liability of the Authority, the Authority shall have no authority or jurisdiction to regulate, control, or limit the rights and responsibilities of recipients to hire, fire or to supervise providers. Recipients shall retain the right to hire, fire, and supervise the work of any IHSS care providers providing services to them. The right to supervise includes, but is not limited to, the right to determine matters such as work schedules, work hours, tasks and duties, assignments and direction of work, methods and standards of caring and conduct, discipline, provisions for safety and security, control of premises, any in-home living or other accommodations, and final resolution of concerns, problems and complaints relating to such supervision. Recipients retain these rights and responsibilities independent of the Authority, just as they held such rights and responsibilities independent of the County prior to establishment of the Authority. (Ord. 2278, § 1, 9/10/2002)

2213-9. Recipient Selection. Recipients may select care providers who are not referred to them by the Authority. Those care providers shall nevertheless be referred to the Authority for the purposes of wages, benefits, and other terms and conditions of employment. Care providers shall not have job security or other employment rights that might limit recipients’ rights as set forth in of this section and § 2213-8(d). (Ord. 2278, § 1, 9/10/2002) 2213-10. State Responsibilities. The establishment and operation of the Authority shall not alter, require the alteration of, or interfere with the State’s payroll system or other provisions of Welfare and Institutions Code § 12302.2 for independent care providers of IHSS. Establishment of the Authority shall not affect the State’s responsibilities regarding unemployment insurance or workers’ compensation for IHSS care providers. (Ord. 2278, § 1, 9/10/2002) 2213-11. Authority Duties. The duties and responsibilities of the Authority shall be as follows: (a) The Authority shall implement the goals and objectives of Welfare and Institutions Code §§ 12300 et seq., including but not limited to: (Ord. No. 2278, § 1, 09/10/2002) (1) Provision of assistance to recipients in finding IHSS care providers through the establishment of a registry; (2) Investigation of the qualifications and background of potential IHSS care providers to be included on the registry; (3) Establishment of a referral system under which IHSS care providers shall be referred to recipients; (4) Provision for access to training of care providers and recipients; (5) Performance of other functions related to the delivery of IHSS as directed by the Authority’s Governing Board; (6) Assurance that the requirements of the personal care option are met pursuant to Subchapter 19 (commencing with Section 1396) of Chapter 7 of Title 42 of the United States Code. (b) Notwithstanding subdivision (a)(4), the Authority shall not be obligated to provide training directly, to pay for training privately or in the community, to pay care providers for time spent in training, to accompany recipients to training, to pay for transportation related to training, or to pay for any materials required by training. The Authority shall not be obligated to ensure that any provider or recipient attend or complete any training. (Ord. 2278, § 1, 9/10/2002)

(c) To adopt a budget for the Authority. (Ord. 2278, § 1, 9/10/2002) (d) To exercise all powers, duties and functions as are prescribed by statute, the Board of Supervisors and the Authority. (Ord. 2278, § 1, 9/10/2002) (e) In implementing and administering Welfare and Institutions Code § 12302.2, the Authority shall not reduce the hours of service for any recipient below the amount determined to be necessary under the uniform assessment guidelines established by the State Department of Social Services. (Ord. 2278, § 1, 9/10/2002) (f) The following services and functions shall be the exclusive responsibility of the County and shall not be the responsibility of the Authority: (Ord. No. 2278, § 1, 09/10/2002) (1) Authorizing services for IHSS recipients; (2) Determining a recipient’s need for IHSS, the level and quality of services required, and the eligibility of individuals to be served; (3) Conducting the initial or any subsequent assessment of need for services; (4) Terminating a recipient’s participation in the IHSS program. (g) Prior to initiating delivery of IHSS through the Authority, as described in this Chapter, the County and Authority shall enter into an agreement specifying the purposes, scope or nature of the agreement, the roles and responsibilities of each party including provisions which ensure compliance with all applicable state and federal labor laws, and compliance with all statutory and regulatory provisions applicable to the delivery of IHSS. The agreement shall also include a provision that requires that funds appropriated by the state for wage increases for IHSS care providers be used exclusively for that purpose. (Welfare and Institutions Code § 12302.25) (Ord. 2278, § 1, 9/10/2002) 2213-12. No Employer Liability. The Authority shall be deemed not to be the employer of IHSS care providers referred to recipients for purposes of liability due to the negligence or intentional torts of IHSS care providers. (Ord. 2278, § 1, 9/10/2002) 2213-13. No Non-Referral Liability. The Authority shall not be held liable for any action or omission of any IHSS care providers whom the Authority did not list on a registry or otherwise refer to a recipient. (Ord. 2278, § 1, 9/10/2002)

2213-14. No County or State Liability. The County and the State of California shall be immune from any liability resulting from its implementation of this chapter or from administration of the IHSS program pursuant to Welfare and Institutions Code § 12301.6. Any obligation of the Authority, whether statutory, contractual, or otherwise, shall be the obligation solely of the Authority and shall not be the obligation of the County or State. (Ord. 2278, § 1, 9/10/2002) 2213-15. Public Authority Liability. (a) Any obligation or legal liability of the Authority, whether statutory, contractual or otherwise, shall be the obligation or liability solely of the Authority and shall not be the obligation or liability of the County. (Ord. 2278, § 1, 9/10/2002) (b) Any and all contracts, leases, or other agreements of any nature, including collective bargaining agreements, between the Authority and third parties other than the County shall contain an express provision advising the third party that the Authority is a separate governmental entity and that such agreement does not bind the County. The provision shall state: “The Authority is an independent legal entity, separate and apart from the County of Humboldt. The Authority has no power to bind the County to any contractual or legal obligations. Nor may the obligees of the Authority seek recourse against the County of Humboldt for any financial or legal obligation of the Authority.” (Ord. 2278, § 1, 9/10/2002) (c) The Authority shall require any and all third parties with whom it contracts, other than the County, to indemnify and hold harmless the Authority, to provide the Authority with written acknowledgment of such indemnification, and to maintain adequate levels of insurance, as determined by the County Risk Manager, naming the Authority as an additional insured. (Ord. 2278, § 1, 9/10/2002) 2213-16. Liability Insurance. Without limiting its indemnification of the County as set forth below, Authority shall acquire and maintain appropriate insurance in amounts and coverage types to be determined by the County Risk Manager to be adequate. The insurance shall name the County as an additional insured. (Ord. 2278, § 1, 9/10/2002) 2213-17. Indemnification. The Authority shall indemnify, defend and hold harmless the County, its elected and appointed officials, employees and agents from and against any and all liability, including defense costs and legal fees, resulting from claims for damages of any nature whatsoever, including but not limited to personal injury or property damages arising from or connected with any act or omission of any officer, employee or agent of the Authority. (Ord. 2278, § 1, 9/10/2002)

2213-18. Staffing. (a) The Authority’s Governing Board shall appoint an Executive Director. Such appointment shall consider recommendations of the Advisory Board and the County Administrative Officer, County Department of Health and Human Services Director and Personnel Director. (Ord. 2278, § 1, 9/10/2002) (b) Employees of the Authority shall not be employees of County for any purpose. (Ord. 2278, § 1, 9/10/2002) (c) The Authority may contract with the County as necessary for services including, but not limited to: (Ord. No. 2278, § 1, 09/10/2002) (1) County Personnel Department for representation of the Authority in Personnel and labor-related matters; (2) County Auditor and Treasurer for financial services, including auditor and payroll services; (3) County Counsel for legal services; (4) Clerk of the Board to act as secretary to the Authority; (5) Risk Manager for insurance and liability related matters. (d) The Authority shall reimburse the County at least quarterly for any and all services provided to the Authority. The costs and expenses of County to provide administrative, legal, labor relations, and other services to the Authority shall be charged against the funds of the Authority. (Ord. 2278, § 1, 9/10/2002) 2213-19. Labor Relations. Due to the special and critical health-care services provided through the IHSS program, the Board of Supervisors finds that any interruption of such services would pose an imminent threat to the health and safety of the recipients of IHSS services and to the community. In order to minimize the likelihood of such interruption and thereby protect the health and safety of recipients and to promote harmony and productive labor relations between the Authority and any labor organization, which seeks to represent or represents the providers of services to recipients of IHSS services: (Ord. No. 2278, § 1, 09/10/2002) (a) The Authority shall establish rules and regulations for employer-employee relations through the adoption of an Employer-Employee Relations Policy. The Policy shall include the following terms: (1) Only those employee organizations recognized in accordance with the Authority’s labor relations policy shall be entitled to negotiate with the Authority on matters within the scope of representation and such other rights as may be granted to recognized employee organizations pursuant to the Meyers-Milias-Brown Act.

(2) The Authority shall have a non-strike clause in any and all collective bargaining agreements with care providers and personnel of the Authority. The non-strike clause shall continue at least one (1) year beyond the other provisions of any and all collective bargaining agreements. (b) The Authority shall take all legal action necessary to bar any strike or other concerted interruption of service to recipients. (Ord. 2278, § 1, 9/10/2002) (c) Final adoption of any agreement negotiated between the Authority and any recognized labor organization shall be by simple majority of the governing body of the Authority. (Ord. 2278, § 1, 9/10/2002) (d) The County Personnel Director is designated as manager of labor relations for the Authority. (Ord. 2278, § 1, 9/10/2002) 2213-20. Fiscal Provisions. (a) In adopting this Chapter, the County Board of Supervisors recognizes that the funding of IHSS is the product of a complex relationship of federal, state and county financing and that the ability of the Authority to operate and to negotiate the wages and benefits of IHSS care providers is contingent upon the availability of adequate funding from all sources. Nothing in this chapter is intended to require the County to appropriate any funds for the operation of the Authority or for the payment of wages and benefits to IHSS care providers. (Ord. 2278, § 1, 9/10/ 2002) (b) The establishment and operation of the Authority or application of Government Code §§ 3500 et seq. shall not result in payments from the County’s general fund beyond the amounts provided for in the County’s annual budget, as amended from time to time. (Ord. 2278, § 1, 9/10/2002) (c) The total of all administrative costs, wages and benefits proposed or established by the Authority shall be consistent with the provisions of the county budget. The maximum amount of County funds available in any given budget year for Authority’s wage and benefit negotiations, if any, shall be set by the County Board of Supervisors as part of the County annual budget. While establishment of this figure shall not obligate the County, it shall serve as the absolute limit to County costs for any increases negotiated in collective bargaining taking place that fiscal year. (Ord. 2278, § 1, 9/10/2002) (d) The Authority shall not have the authority to agree to approve any collective bargaining or other agreement that requires an increase in wages or benefits above the limits set by the County Board of Supervisors as part of the County annual budget. Services shall not be reduced in order to fund the Authority or to provide for the implementation of Government Code §§ 3500 et seq. (Ord. 2278, § 1, 9/10/2002) (e) The Authority shall provide the County with all information necessary for the County to bill the State Department of Social Services for the state and federal share of Authority costs. The Authority shall assist the County in developing and submitting the information and documentation necessary to obtain approval from the State Department of Social Services and Department of Health Services for the Authority’s reimbursement rate and rate adjustments. (Ord. 2278, § 1, 9/10/2002)

(f) Payment for all services provided pursuant to this chapter is contingent upon the availability of county, state and federal funds for the purpose of providing IHSS. (Ord. 2278, § 1, 9/10/2002) (g) The Authority shall not spend funds or contractually or otherwise obligate funds in excess of the limits of its budget as set out in this chapter. (Ord. 2278, § 1, 9/10/2002) 2213-21. Budget. Within ninety (90) days of the establishment of the Authority, and thereafter prior to the commencement of each fiscal year, the Authority shall adopt a budget for the ensuing fiscal year. The Authority shall prepare its budget under the same laws, rules, and policies that govern the County budget process. Hearings on the Authority’s budget shall be conducted concurrently with the County’s regular budget hearings. (Ord. 2278, § 1, 9/10/2002) 2231-22. Records. The Authority shall maintain all records pertaining to service delivery and fiscal administrative controls for a minimum of five years after final payment for a given fiscal year, or until all pending County, state and federal audits have been completed, whichever is later. The Authority shall make any of the retained records available to all authorized County, state and federal representatives. (Ord. 2278, § 1, 9/10/2002) 2213-23. Interpretation. The provisions of this chapter are intended to be in addition to and not in conflict with state law. The provisions of this chapter shall, whenever possible, be construed as consistent with state law. (Ord. 2278, § 1, 9/10/2002) 2213-24. Severability. If any section of this chapter or the application thereof to any person or circumstances is for any reason held to be invalid or unconstitutional, such invalidity shall not affect the remaining provisions or applications of this chapter which can be given effect, and to this end the provisions of this chapter are severable. (Ord. 2278, § 1, 9/10/2002) 2213-25. Termination. The County Board of Supervisors may abolish the Authority by repeal of this chapter. (Ord. 2278, § 1, 9/10/2002)

TITLE II – ADMINISTRATION

[Repealed by Ordinance 1611, § 1, 8/16/1983] § 249-1.

[Repealed] Sections: [Repealed by Ord. 2318, § 1, 6/8/2004] 2411-1 through 2411-4. Repealed by Ord. 2318, § 1, 6/8/2004. § 2412-1. § 2412-2. § 2412-3. § 2412-4. § 2412-5.

[Repealed by Ordinance 2273, § 2, 5/7/2002] § 2414-1.

[Repealed] Sections: [Repealed by Ord. 2298, § 1, 4/1/2003] 2414-1. Repealed by Ord. 2298, § 1, 4/1/2003. § 2415-1. § 2415-2. § 2415-3. § 2415-4. § 2415-5. § 2415-6. § 2415-7. § 2415-8. § 2415-9.

HUMBOLDT* [Repealed by Ordinance 1248, 8/8/1978]

• Merit System Established by Resolution No. 78-142

COUNTY EMPLOYMENT [Repealed by Ordinance 1617, § 1, 10/25/1983] § 253-1. § 253-2.

Sections: Authorization of Contract. Execution of Contract. [Repealed] 255-1. Authorization of Contract. A contract exists between the Board of Supervisors of the County of Humboldt and the Board of Administration of the California Public Employees’ Retirement System, effective January 1, 1946. The contract has been amended since that time and is subject to future amendments. Such amendments are not codified herein. (Ord. 229, § 1, 11/ 13/1945; Ord. 2308, § 8, 9/23/2003) 255-2. Execution of Contract. The Chairman of the Board of Supervisors of the County of Humboldt is hereby authorized, empowered and directed to execute said contract, and any amendments thereto, for and on behalf of the County. (Ord. 229, § 2, 11/13/1945; Ord. 2308, § 8, 9/23/2003) 255-3. Repealed. Repealed by Ord. 2308, § 8, 9/23/2003 Chapter 1 – § 261-1. § 261-2.

COUNTY PROPERTY [Repealed] [§§ 264-1 through 264-4 repealed by Ord. 2351, § 6, 12/06/2005] § 265-1. § 265-2. § 265-3. § 265-4. § 265-5. § 265-6. § 265-7. § 265-8. § 265-9. § 265-10. § 265-11. § 265-12. § 265-13.

Sections: Procedure for Leasing of County Real Property - General. Alternative Procedure for Leasing Real Property-Call for Bids. Exception – Small Leases of Limited Duration. Notice Upon Written Request. Authority to Execute Leases. 268-1. Procedure for Leasing of County Real Property - General. When the Director of Public Works or his/her designee deems it advisable to lease real property owned by the County, he shall determine the appropriate procedure for leasing of the real property. As an alternative to the procedure required by Government Code §§ 25526 to 25535 , inclusive, for the leasing of real property belonging to, or leased by the County, the Director of Public Works may utilize the procedures in this Chapter. (Ord. 2417, § 1, 9/15/2009) 268-2. Alternative Procedure for Leasing Real Property-Call for Bids. The Director of Public Works or his/her designee is authorized to post a call for bids for a lease of real property in at least three public places for not less than fifteen (15) days and to publish the same for not less than two weeks in a newspaper of general circulation published in the County. Such call for bids shall contain a description of the property to be leased and the minimum acceptable terms of the lease. The Board of Supervisors shall either accept the highest proposal for lease submitted in response to the call for bids, or reject all bids. If a proposal is accepted, a lease shall be in writing and shall be approved by the County Counsel. (Ord. 2417, § 1, 9/15/2009) 268-3. Exception – Small Leases of Limited Duration. Leases of non-residential real property owned by the County, together with any or all improvements thereon may be excluded from the bidding procedures of § 268-2 provided that all of the following apply: (Ord. 2417, § 1, 09/15/ 2009) (a) notice is given as set forth below; (Ord. 2417, § 1, 9/15/2009) (b) the term of the lease does not exceed ten (10) years in duration; (Ord. 2417, § 1, 9/15/2009) (c) the lease is not renewable; (Ord. 2417, § 1, 9/15/2009)

(d) the monthly rent does not exceed ten thousand dollars ($10,000.00). For the purposes of this Section notice shall be given pursuant to Government Code § 6061, and shall be posted in the office of the Clerk of the Board of Supervisors. The content of the notice shall: (i) describe the real property proposed to be leased by the County; (ii) the terms of the lease; (iii) the location where offers to lease the property will be accepted; (iv) the location where leases will be executed; and (v) the identity of the County official authorized to execute the lease. (Ord. 2417, § 1, 9/15/2009) (Ord. 2417, § 1, 9/15/2009) 268-4. Notice Upon Written Request. Any notice required under any Section of this Chapter shall additionally be mailed or delivered at least fifteen (15) days prior to accepting offers to lease to any person who has filed a written request for notice with the Clerk of the Board of Supervisors. A fee may be authorized and revised from time to time by the Board of Supervisors in an amount reasonably related to the costs of providing this service. Any request for such notice must be renewed annually. (Ord. 2417, § 1, 9/15/2009) 268-5. Authority to Execute Leases. Pursuant to Government Code § 25537(c), the Director of Public Works or his designee is granted authority to execute on behalf of the county leases, which are subject to the provisions of §§ 268-1 through 268-5 . The delegation of authority to execute leases shall not be effective for more than five (5) years from the date of adoption of this provision. (Ord. 2417, § 1, 9/15/2009) Chapter 1 – § 271-1. § 271-2. § 271-3. § 271-4. § 271-5.

[Repealed] [§§ 275-1 through 275-7 repealed by Ord. No. 2298, § 2, 04/01/2003] Chapter 1 – § 281-1. § 281-2. § 281-3. § 281-4. § 281-5.

Sections: Applicability. Time Requirement. Public Auction. Notice of Sale. Destruction of Valueless Property. Bicycles and Toys. 281-1. Applicability. Any property in the possession of the Sheriff which is not required to be retained by him/her in the performance of his/her official duties, and which is unclaimed by any person showing evidence of the satisfaction of the Sheriff that he/she is the true owner thereof, may be disposed of in the manner hereinafter set forth if no provision is otherwise made by law for the disposal of such property and if no suit has been commenced for the recovery of such property. (Ord. 1164, § 1, 9/20/1977) 281-2. Time Requirement. Such unclaimed property shall be held by the Sheriff for a period of at least three (3) months from the time he originally came into possession thereof. (Ord. 1164, § 2, 9/20/1977; Ord. 1786, § 1, 1/6/1987) 281-3. Public Auction. Thereafter, except as herein otherwise provided, such property shall be sold at public auction to the highest bidder and the proceeds thereof paid over to the Treasurer of the County of Humboldt and deposited in the General Fund. (Ord. 1164, § 3, 9/20/1977) 281-4. Notice of Sale. Notice of such sale of property as aforesaid shall be given by the Sheriff at least five (5) days before the time fixed therefor by publication once in a newspaper of general circulation published in the County. Said published notice shall give the time and place of sale and shall contain a brief description of the property involved, together with a brief statement of the circumstances surrounding its coming into the possession of the Sheriff, and a statement that unless, prior to the date of sale, the same is claimed by some person giving evidence satisfactory to the

Sheriff that he is the true owner thereof, or unless some person files a suit for the recovery thereof, the same will be sold at public auction to the highest bidder. (Ord. 1164, § 4, 9/20/1977) 281-5. Destruction of Valueless Property. Any unclaimed property which has been held by the Sheriff for a period specified in § 281-2 of this chapter and which property is, in the opinion of the Sheriff, worthless, or the proceeds of the sale would not offset the cost of conducting a sale thereof, may be destroyed by him/her with the written consent of the County Treasurer. Property which is of no value and presents a storage problem may be destroyed immediately. (Ord. 1164, § 5, 9/ 20/1977; Ord. 2308, § 10, 9/23/2003) 281-6. Bicycles and Toys. Any bicycles or toys, or both, in the possession of the Sheriff and which have been unclaimed for a period specified in § 281-2 of this chapter may, instead of being sold at public auction to the highest bidder as above specified, be turned over to the Probation Officer for use by him/her in any program of activities designed to prevent juvenile delinquency or released to other agencies that are involved in youth programs with the consent of the Sheriff. (Ord. 1164, § 6, 9/20/1977; Ord. 2308, § 10, 9/23/2003) Chapter 1 –