Lompoc Municipal Code Ch. 3.44 Unclaimed Property

A. "Unclaimed property" shall mean any tangible personal property found by the officers or employees of the City upon the public streets or ways of the City or elsewhere, or any such property brought to the City by others or any such property otherwise coming into the possession of the City, where the owner of the same is unknown; provided, however, that property held as evidence, dangerous weapons or deadly weapons, narcotics or dangerous drugs, explosives or any property of any kind whatsoever which is prohibited by law as the same are defined or described in State or Federal statutes, shall not constitute unclaimed property as herein defined.

B. Property subject to disposition by laws of the State by court order, or in any other manner provided by statute, which supersedes the powers of the City on such subject, or which is subject to confiscation under the law, shall not be considered unclaimed property.

(Prior code § 3201)

Unclaimed property shall be stored by the Chief of Police for a period of not less than four months. Bicycles shall be held for not less than three months.

(Prior code § 3202)

Any unclaimed property which the Chief of Police considers inimical to public health, morals or safety shall be destroyed, if approval is given therefor by the City Council, at the request of the Chief of Police, and such property shall not be sold under this Chapter.

(Prior code § 3203)

A. Under Civil Code Section 2080.1, property of a value of ten dollars shall be delivered to the Police Department with a statement of from what and how it was saved, whether the finder knows the owner, that the finder has not secreted, withheld or disposed of any part of the property. Upon receiving such property, the Police Department shall take such a statement and, if the property is under a value of ten dollars, may tell the finder that he or she does not need to deliver it to the Police Department.

B. The Police Department shall notify the owner, if his or her identity is reasonably ascertainable, that it possesses the property and where it may be claimed. The Police Department may acquire payment by the owner of the actual cost to the City of storage and care of the property. The property shall be restored to the owner if he or she appears within 90 days after receipt of the property and pays said charges.

(Prior code § 3204)

A. At any time after the expiration of said four-month period, the Purchasing Agent, or authorized representative shall cause to be published once in a newspaper of general circulation in the City of Lompoc, a notice of intention to sell at public auction to the highest bidder, at the time and place therein specified, all such unclaimed personal property. Such notice of sale shall include a listing of all items to be sold and shall be published not less than five days prior to the time fixed for such sale. The sale shall be conducted by the Purchasing Agent, or authorized representative, and each item shall be sold to the highest bidder at public auction.

B. Once said personal property is transferred by any department of the City to the Purchasing Agent for sale or disposition in accordance with the provisions of this Section, said property shall not be redeemable by the owner or other person entitled to possession. If the Purchasing Agent determines that any such property transferred to him or her for sale is needed for public use, such property may be retained by the City and need not be sold.

C. The expenses of such sale shall be a proper charge against the funds of the City and all proceeds received from said sale shall be delivered to the City Treasurer for deposit in the General Fund of the City. Property for which no bid is made at such sale, may be given to a non-profit, charitable organization, destroyed, or otherwise disposed of as the Purchasing Agent or his or her authorized representative may direct.

(Prior code § 3205)

Notwithstanding any other provisions to the contrary, and in accordance with the authority contained in California Welfare and Institutions Code Section 217, when the Police Department has in its possession bicycles or toys, or both, which have been unclaimed for a period of at least 60 days, the Purchasing Agent may, instead of selling them at public auction to the highest bidder, turn them over to any charitable or non-profit 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.

(Prior code § 3206)