Manteca Municipal Code Ch. 3.28 Unclaimed Property

The police chief shall make provision for receiving and safekeeping found property and money delivered to him or her or coming into his or her possession.

(Prior code § 15-3)

The police chief shall notify the owner of the property or money, if his or her identity is reasonably ascertainable, within thirty days that his or her department possesses the property and where it may be claimed. The notice shall also specify the cost, if any, of storage and care of the property, payment of which will be required of the owner at the time he or she claims the property or money. If the owner appears within ninety days after receipt of the property by the police department, proves ownership to the satisfaction of the police chief, pays all charges for storage and care of the property, the property shall be restored to him or her. If ownership is not proved to the satisfaction of the police chief he or she shall refuse to deliver such property or order the payment of such money until ordered to do so by an appropriate court.

(Prior code § 15-4)

A. If the reported value of the property is less than fifty dollars and no owner appears and proves his or her ownership of the property within ninety days after receipt of the property by the police department, title shall vest in the finder, unless the property was found in the course of employment by an employee of any public agency, in which case the property shall be sold at public auction.

B. If the reported value of the property is fifty dollars or more and no owner appears and proves his or her ownership of the property within ninety days, the police chief shall cause notice of the property found and its description once in a newspaper of general circulation within the county. If, after seven days following the publication, no owner appears and proves ownership, title shall vest in the finder provided:

1. He or she pays to the city the cost of publication; and

2. He or she is not an employee of any public agency and the property was found in the course of that employment (in which case the property shall be sold at public auction).

(Prior code § 15-5)

Such property shall be stored in a safe place for a period of at least three months unless sooner claimed by the true owner, and shall then be deemed to be unclaimed property or unclaimed money, subject to disposal as provided in Sections 3.28.020 through 3.28.100.

(Prior code § 15-6)

All money so received by the police chief and not delivered to the true owner or the finder, during a three-month period, shall thereafter be deposited in the general fund.

(Prior code § 15-7)

Upon expiration of the initial three-month period, any property so received and not delivered to the true owner or finder shall be sold at auction to the highest bidder for cash. Notice of any such sale shall be given by the police chief at least five days before the time fixed for the public auction once in a newspaper of general circulation published in the county.

(Prior code § 15-8)

After such auction is completed the police chief shall deliver the proceeds of the auction, less any expense incurred, to the director of finance for deposit in the general fund.

(Prior code § 15-9)

Any property advertised and offered for sale but 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 police chief directs.

(Prior code § 15-10)

Such property may be sold by public auction, in the manner and upon the notice of sale of personal property under execution, if:

A. It is a thing which is commonly the subject of sale;

B. The owner cannot, with reasonable diligence be found, or being found, refuses upon demand to pay the lawful charges provided in this chapter; and

C. Either:

1. The property is in danger of perishing, or of losing the greater part of its value; or

2. The lawful charges provided in this chapter amount to two-thirds of its value.

(Prior code § 15-11)

The provisions of this chapter shall not be deemed to apply to property subject to confiscation under the laws of the state or of the United States of America and shall apply to property held as evidence only when the same is unclaimed by any persons and no other provisions of law are applicable concerning its disposition.

(Prior code § 15-12)