Kingsburg Municipal Code Ch. 2.44 Unclaimed Property

The police department shall take charge of all lost, stolen and unclaimed property which is turned over to or comes into the possession of the city or any of its departments, and shall retain the possession thereof subject to the provisions of this article.

(Prior code § 24-1000)

The police department shall keep a record of all such property, together with the date, description and name, if any, of the person from whom taken, and the place and circumstances under which taken, found or recovered.

(Prior code § 24-1001)

If no owner appears within ninety (90) days after such property comes into the possession of the police department and offers reasonable proof, satisfactory to the chief of police, of his/her ownership and compensates for the expenses, if any, incurred in the removal, maintenance, preservation and keeping of said property, as the chief of police shall determine, then the title to such property shall thereupon vest in the city; provided, however, that the police department shall exercise due diligence to ascertain the owner and notify him/her of its possession of such property; and provided, further that the title to clothing, bedding, wearing apparel and other similar property which comes into the possession of the police department shall vest in the city, after the expiration of thirty (30) days, unless the owner reclaims same, and all such property may, in the discretion of the chief of police, be delivered over gratuitously to any charitable organization after said thirty (30) day period.

(Ord. 95-04, 1995: prior code § 24-1002)

A. The chief of police shall have power in his/her discretion to summarily destroy all liquors, burglar tools, knives, firearms, deadly weapons, and other similar articles coming into the possession of the city, or deliver same for use by other departments of the city or by other governmental agencies, or to otherwise dispose of same in such other manner as he/she shall deem expedient and proper.

B. If any property so taken into the possession of the police department, except as hereinbefore specified, shall remain unclaimed for a period of six months, or if the claimant shall refuse to pay the charges for same as herein prescribed, or fail to establish right of ownership, then the said property may at any time thereafter be sold. Prior to the date of the sale of any motor vehicle, thirty (30) days' notice by registered mail shall be given to the legal and registered owners of such vehicle as same appear upon the registration certificate, if any, or on the records of the Department of Motor Vehicles at Sacramento. (Amended during 5-08 supplement; prior code § 24-1003)

At the time and place fixed for such sale, such property shall be sold at public auction to the highest bidder by the chief of police, or by any employee or officer of the city whom he/she shall designate; provided, however, that the right shall be reserved to reject any and all bids. The proceeds from such sales shall be paid over to the city clerk and deposited in the general fund of the city.

(Prior code § 24-1004)

Nothing contained in this article shall be deemed to apply to stolen or embezzled property which comes into the custody of peace officers under Sections 1407—1411 of the state Penal Code.

(Amended during 5-08 supplement; prior code § 24-1005)

Notwithstanding any other provision of this article, if the true owner does not appear during the six-month period and claim the property, it may be delivered back to the person who delivered it to the chief of police if at the time of delivery or prior to disposition of the property such person has indicated in writing that he/she wishes to assert a claim to the property as a finder.

(Prior code § 24-1006)