Manhattan Beach Municipal Code Ch. 2.32 Unclaimed Property

It shall be the duty of every employee and officer of the City who finds lost money or property in or upon any public ground, highway, road, public building, or other property of the City to deliver the same to the Chief of Police, together with a written statement disclosing the circumstances of the finding, including the time and place found and the address of the owner or person entitled to possession, if known.

(§ 1, Ord. 786)

The Chief of Police shall care for and protect all found property coming into his possession. He shall restore such property or money to its true owner or the one entitled to possession thereof upon proof of ownership or right to possession satisfactory to him and upon payment of all necessary costs incurred in the care and protection of such property.

(§ 2, Ord. 786)

In the event any found property, other than money, remains unclaimed by its true owner for a period of four (4) months from the date of finding and delivery to the Police Department, except unclaimed bicycles which shall be held for a period of at least three (3) months, the Chief of Police shall cause the same to be sold at public auction to the highest bidder. Notice of such sale shall be published in the official newspaper of the City by one insertion at least five (5) days prior to the date of sale. The notice shall contain a statement of the time and place fixed for such auction, together with a schedule of property to be offered for sale. Immediately after the completion of the sale, the Chief of Police shall deposit the proceeds of the sale with the Director of Finance, together with a statement of the article sold and the moneys received therefor. The Director of Finance shall forthwith pay to the City Treasurer for deposit in the general fund the proceeds of the sale. If there are no bids for property offered for sale at the auction, the property shall be turned over to the City Manager who shall make disposition thereof in the public interest as he shall deem proper.

Following the expiration of the four (4) month period, the City Manager or his delegate is authorized to dispose of any property having a value of $25.00 or less when the legal or rightful owner cannot be determined.

Following the expiration of the four (4) month period, the City Manager may authorize the conversion of found property to use by City departments upon a showing of good use and need when the legal and rightful owner cannot be determined.

This ordinance [no. 18-0020] is hereby authorized by California Civil Code Section 2080.4.

(§ 3, Ord. 786, as amended by § 1, Ord. 990, eff. December 17, 1964; § 1, Ord. 1289, eff. July 20, 1972; § 1, Ord. 1747, eff. April 16, 1987; as amended by § 3, Ord. 18-0020, eff. September 19, 2018)

Any found money in the custody of the Chief of Police which remains unclaimed by its true owner for a period of four (4) months from the date of finding shall be turned over to the City Treasurer for deposit in the general fund.

(§ 4, Ord. 786, as amended by § 2, Ord. 1289, eff. July 20, 1972)

Whenever any found money or property is delivered to the Chief of Police by persons other than employees or officers of the City, a receipt for such money or property shall be given to such person. The receipt shall state the conditions on which the Police Department will receive such money or property and that such property may be disposed of in accordance with the provisions of this chapter. Any found money or property which remains in the custody of the Chief of Police for a period of more than four (4) months, except bicycles which shall remain in custody for a period of at least three (3) months, shall be disposed of in the manner provided in this chapter. In no event, however, shall the sale of property or deposit of money in the general fund be made unless the person who delivered the money or property into the custody of the Chief of Police, if known, shall have been given at least ten (10) days' written notice that such money is to be turned over to the City Treasurer for deposit in the general fund, or that such property is to be put up for sale at public auction. If within the ten (10) day period the person shall claim the money or property and establish that he delivered the same into the custody of the Chief of Police, the money or property shall be returned to him.

(§ 5, Ord. 786, as amended by § 2, Ord. 990, eff. December 17, 1964; § 3, Ord. 1289, eff. July 20, 1972)