Irvine Municipal Code Ch. 3 Personal Property

A. It shall be unlawful for any person to store or leave unattended personal property, including camp facilities and camp paraphernalia, in or on any public property, unless such storage is expressly authorized and in conjunction with a permitted camping activity pursuant to this division, or as mandated by applicable law.

B. Stored personal property may be impounded without notice if there is a reasonable belief that it is abandoned, presents an immediate threat to public health or safety, is evidence of a crime, is evidence in a criminal investigation, or is contraband.

C. The City may erect signs on public property stating that any personal property stored in those areas will be impounded. Those signs shall serve to provide the notice required by this section.

D. If neither subsection "B" nor subsection "C" apply, personal property unlawfully stored on public property shall be impounded only after a notice is left at or near the location of the personal property advising that the personal property will be impounded if it is not removed. This notice will specify a time when the personal property will be impounded if it is not removed.

(Ord. No. 24-21, § 2(Exh. A), 11-26-24)

A. Notice and removal. In the event that personal property is found on public property in the course of employment by an authorized employee of the City without authorization from the City (examples of authorized employees include, but are not limited to, City police officers, City Code Enforcement, employees or contractors of City Public Works Department, and other City employees properly trained to carry out this section), such employee shall leave notice with the owner of the personal property or in a prominent place and which notice shall contain all of the following information:

1. The personal property needs to be removed by [insert time] on [insert date].

2. The timeframe that the property owner has to remove the personal property. Such timeframe shall not be less than 24 hours unless there is an immediate threat to the public health, safety, or welfare. Further, if the personal property obstructs and actually interferes with the public property or the intended use of the public property, then this timeframe may be shorter than 24 hours, provided that, if the property owner is present, they are first advised to cease the interference and/or to move the personal property causing the obstruction and they decline to do so;

3. A statement that, if the personal property is not removed within the stated timeframe, then the City will remove and store the personal property consistent with this section. This statement shall also provide the location that the personal property will be stored;

4. If applicable, the nature and purpose of the clean-up;

5. The date, time, and locations of the scheduled cleanup and/or removal of the personal property;

6. A citation to the applicable section of the Municipal Code or any other applicable law;

7. A statement of how the personal property may be reclaimed;

8. A statement that, if personal property is removed pursuant to this section, then such personal property may be subject to disposal by the City pursuant to this section after 90 days from the date of removal;

9. A phone number that the person may call for more information;

10. Any other additional information as determined by the Police Department;

11. After the timeframe in the notice provided pursuant to Section 4-12-302A., the personal property in the public area may be removed, stored, documented, and disposed of by the City pursuant to this section. To the extent possible, a general description of the items collected shall be provided to the property owner(s). For any personal property removed, a notice shall be provided in a prominent place in the removal area advising where the personal property is being kept and when it may be claimed by its rightful owner; containing the information pursuant to Section 4-12-302A.1.—9. and containing any other additional information as determined by the Police Department. This notice shall include the date that the removed personal property will be disposed by the City pursuant to this section.

B. Additional signage for removal of personal property. The City may determine what, if any, areas of the City suffer from blight due to storage of personal property on public property, and erect signs in those areas containing the applicable information specified in Section 4-12-302A.1.—10. so as to provide additional notice.

C. Holding and disposal of stored personal property. Except as provided in Section 4-12-302A., found personal property shall be deposited and documented in a safe place for a period of at least 90 days and found money shall be deposited with the Director of Finance for a period of not less than 90 days, unless sooner claimed by the true owner. In the event the property or money is not claimed within 90 days, it shall be deemed to be unclaimed personal property and subject to disposal as provided in this section. Additionally, the City shall not be obligated to store personal property in excess of the City's current overall storage capacity.

D. Trash, dangerous, or perishable personal property. Any personal property coming into the possession of the Police Department may be immediately disposed without notice, in a manner that the Police Department determines to be in the public interest, when such personal property is trash, perishable, hazardous, or contraband pursuant to state or federal law, or constitutes an immediate threat to the public health, safety, or welfare.

E. Applicability. To the extent known by the City or the Police Department, the provisions of this section shall not apply to the following:

(1) Real or personal property or money subject to confiscation pursuant to state or federal law;

(2) Personal property that constitutes evidence in an ongoing criminal investigation and/or civil proceeding pursuant to state or federal law;

(3) Personal property that has been abandoned by its owner. Abandoned personal property may be disposed of forthwith.

(Ord. No. 24-21, § 2(Exh. A), 11-26-24)