Kern County Municipal Code Ch. 2.80 Abandoned Property

All personal property, with the exception of money, which comes into the possession of the administrative head of each office, department or institution of the county and which is held by him for a period of ninety (90) days as provided in Section 2.80.020, whether or not the said ninety-day period, wholly or in part, precedes the effective date of the ordinance codified in this chapter, and which has not been claimed by the owner thereof or by any person otherwise entitled thereto, shall thereafter be identified as abandoned property and hereafter in this Chapter shall be referred to as abandoned property.

(Prior code § 976; Ord. No. G-9056, § 2, 11-9-21)

Unless otherwise provided by state law or by this code, the administrative head of each office, department or institution of the county shall take charge of all property coming to his office, department or institution if the owner thereof cannot be found, and he shall keep accurate inventory thereof. The said administrative head of the said office, department or institution shall hold all of such property, with the exception of money, for a period of ninety (90) days, but if within said ninety (90) days any person appears and makes sufficient proof of ownership of the property, he shall restore to him his property.

(Prior code § 975; Ord. No. G-9056, § 3, 11-9-21)

The administrative head of each office, department or institution of the county who is in possession of and who is holding abandoned property may, after obtaining written consent of the county executive officer of the county, discard or destroy such abandoned property or any part thereof which, in his opinion, is not of sufficient worth to be sold as provided in this chapter. It is a misdemeanor for any person authorized to discard or destroy abandoned property under this section to appropriate such property or any part thereof to his own use, or to give such property or any part thereof, or permit the property or any part thereof to be taken by any county employee or any other person taking the property on behalf of a county employee.

(Prior code § 977)

When the administrative head of an office, department or institution of the county determines the abandoned property being held by him is sufficient to justify the expense of holding a public sale, he shall cause to be published in a newspaper of general circulation in the county a notice of sale of such abandoned property, which shall state the hour, date and place where the sale shall be held. There shall be at least one publication of the notice of sale which shall appear not more than fifteen (15) nor less than five (5) days before the date of the sale.

(Ord. G-4478 § 3 (part), 1987: Prior code § 979)

The administrative head of the office, department or institution of the county, or his lawful representative, shall at the appointed time and place sell such abandoned property at public auction to the highest bidder in lawful money of the United States. If, in the opinion of the person conducting the auction, the prices offered are wholly inadequate, he may at any time withdraw all or any of the unsold property from the auction and sell such property at the next following auction of abandoned property.

(Ord. G-4478 § 3 (part), 1987: Prior code § 980)

The proceeds of the sale, after deducting the expenses of sale, shall be delivered to the treasurer of the county, who shall deposit the proceeds in the general fund of the county.

(Ord. G-4478 § 3 (part), 1987: Prior code § 981)

Unless otherwise provided by state law or by this code, the administrative head of each office, department or institution of the county shall take charge of all money coming to his office, department or institution if the owner thereof cannot be found, and he shall within a reasonable time thereafter deposit such money in the county treasury in a trust fund to be created for that purpose. The said administrative head shall also keep an accurate inventory of all such money coming into his possession and which has been deposited by him in the county treasury as aforesaid, and the name of the owner thereof, if the owner is known to him. If, at the expiration of three years after said money has been deposited in the county treasury in said trust fund, such money is not claimed by the owner thereof or any other person otherwise entitled thereto, the money shall be transferred by the auditor of the county and the treasurer of the county to the general fund of the county.

(Prior code § 982)

A. The sheriff may from time to time adopt regulations and policies governing the care, restitution, sale and destruction of unclaimed property in the possession of the sheriff. Except as otherwise provided in this section, such regulations and policies shall utilize the care, restitution, sale and destruction procedures set forth in this code for use by other county departments dealing with abandoned property.

B. Unclaimed personal property in the possession of the sheriff, other than bicycles, shall be held by the sheriff for at least six (6) months after such property comes into possession of the sheriff, unless delivered by the sheriff at an earlier date to a person entitled to possession. After the expiration of said six (6) months, the sheriff shall sell such property or cause such property to be sold to the highest bidder at public auction; provided that the sheriff may agree to provide for the use of unclaimed personal property pursuant to subsection D of this section.

C. Unclaimed bicycles in the possession of the sheriff shall be held by the sheriff for at least three (3) months after they come into his possession unless delivered by the sheriff at an earlier date to a person entitled to possession. After the expiration of said three (3) months, the sheriff shall sell such bicycles or cause such bicycles to be sold to the highest bidder at public auction; provided that the sheriff may agree to provide for the use of unclaimed bicycles pursuant to subsection D of this section.

D. Pursuant to the provisions of California Welfare and Institutions Code section 217, upon providing proper notice as outlined in subdivision (b) of section 217, any personal property in the possession of the sheriff which is unclaimed for more than three (3) months and has a value of not more than five hundred dollars ($500.00) may be turned over by the sheriff to the probation officer, to the welfare department of the county, or to any charitable or nonprofit organization which is authorized under its articles of incorporation to participate in a program or activity designed to prevent juvenile delinquency and which is exempt from income taxation under federal or state law, or both, for use in any program or activity designed to prevent juvenile delinquency.

E. Notice of any sale at auction pursuant to subsections A, B or C of this section shall be given or caused to be given by the sheriff at least five (5) days before the time fixed for such sale. The notice shall be published one (1) time in a newspaper of general circulation published in the county.

(Prior code § 983)

(Ord. No. G-8512, §§ 2—4, 9-23-14, eff. 10-24-14)