La Palma Municipal Code Art. IV Found Property and Money

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State Law reference— Lost and unclaimed property generally, Civil Code § 2080 et seq.

The Police Chief shall make provisions for receiving and safekeeping found property and money delivered to him or her or coming into his or her possession. A receipt shall be issued to the person delivering such property or such money.

(Code 1975, § 2-19; Ord. No. 214, § 1)

(a) Found property shall be stored in a safe place and found money deposited with the Finance Director for a period of six months unless sooner claimed by the true owner. If value of the property or money is more than $100.00, the property shall be held for a period of one year.

(b) Found money shall be deposited with the Finance Director for a period of three years unless sooner claimed by the owner. If the amount of money is less than $15.00 the money shall be deposited with the Finance Director for a period of one year.

(c) If property or money is not claimed within the applicable time period provided in this section, it shall then be deemed to be unclaimed property or unclaimed money and be subject to disposal as provided in this article.

(Code 1975, § 2-20; Ord. No. 214, §§ 2, 4)

During the applicable retention period, found property may be delivered to or such money paid to the true owner. Such property shall be delivered upon reasonable proof of ownership after ten days' notice by mail to the person who delivered such property and to others who have asserted a claim of ownership at any address given by such persons. Such money shall be paid to the true owner upon written order to the City Manager and Finance Director from the Police Chief. The Police Chief shall make such order upon the same proof of ownership and with the same notice as prescribed in the case of property. Charges for the care of the property or money not exceeding ten percent of the value of the property or the amount of the money may be charged for its safekeeping. If ownership cannot be determined to the satisfaction of the Police Chief, he or she may refuse to deliver such property or order the payment of such money to anyone until ordered to do so by a court.

(Code 1975, § 2-21; Ord. No. 214, § 3)

If, at the time of delivery of found property or money, the person who delivered it to the Police Chief indicates in writing that he or she wishes to assert a claim to the property or money as a finder, the property or money may be delivered to him or her if the true owner does not appear during the applicable retention period, provided that the person who delivered it otherwise complied with State law.

(Code 1975, § 2-22; Ord. No. 214, § 4)

At any time of the expiration of the three year retention period, the Finance Director may cause a notice to be published once a week for two consecutive weeks in an adjudicated newspaper, stating the amount of money, the fund in which it is held, and that the money will become the City's property 45 days after the first publication of the notice. If no claim to the money is filed within said 45-day period, the money shall be deposited into the General Fund. If the amount of money is less than $15.00, the money shall be deposited into the General Fund after one year of retention without the need for a published notice.

(Code 1975, § 2-23; Ord. No. 214, § 5)

(a) Property received and not delivered to the true owner or claimed by the finder shall be disposed of by public auction or appropriation to the use of the City not less than five days after a notice describing the articles to be disposed of and announcing the date, time and place of the auction is published once in the official newspaper of the City.

(b) After such auction is completed, the Police Chief shall deliver the proceeds of the auction to the Finance Director for deposit in the General Fund.

(Code 1975, § 2-24; Ord. No. 214, §§ 6, 9)

Any costs or charges for keeping or depositing the property or money and the costs or charges for the advertising and sale shall be a proper charge against the City. The City shall be reimbursed for such costs by any party to whom the property or money is delivered at the time of delivery.

(Code 1975, § 2-25; Ord. No. 214, § 7)

Any articles of property to be appropriated to the use of the City shall be made available to the division in need thereof upon approval of such appropriation by the City Manager.

(Code 1975, § 2-26; Ord. No. 214, § 8)

Any property advertised and offered for sale but not sold and not suitable for appropriation to the use of the City shall be deemed to be of no value and shall be disposed of in such manner as the City Manager directs and as permitted by law.

(Code 1975, § 2-27; Ord. No. 214, § 10)

Any property coming into the possession of the Police Chief which he or she determines to be in danger of perishing or of losing the greater part of its value or, when the charges of storage amount to two-thirds of its value, may be sold at public auction after 90 days, with publication of a notice of the date, time, and place of the auction, at least five days prior to the auction. Such proceeds shall be treated in the same manner as if such property had been money in the first instance. If such property cannot be sold, it shall be treated in the same manner as unsaleable and unusable property.

(Code 1975, § 2-28; Ord. No. 214, § 11)