Milpitas Municipal Code Ch. 13 DISPOSAL OF UNCLAIMED PROPERTY (Ordinance No. 105, 1/7/63)

This Chapter is enacted pursuant to authority granted in Section 2080.6 of the Civil Code of the State of California as Chapter 13, Title I (Administration) of the Milpitas Municipal Code, and may be pleaded and cited as such.

(Ord. 105.1, 1/6/70)

Any unclaimed bicycles which shall come into the possession of the Police Department of the City of Milpitas shall be held by said Police Department for a period of at least four months. All other unclaimed property shall be held for a period of at least four months.

(Ord. 105.2, 1/2/79)

On satisfactory proof of ownership of said property, the Chief of Police may deliver it to said owner on his paying the necessary expenses incurred in its preservation. The Chief of Police is empowered to require that the claimant establish his ownership by affidavit or by such other proof as the Chief of Police shall deem sufficient. The Chief of Police is empowered to require that a claimant indemnify said Chief of Police and the City for any liability which said Chief of Police or City may incur as a result of delivering said property to the claimant. The Chief of Police is empowered to require that said indemnity be secured by a corporate surety bond in an amount to be determined by the Chief of Police or by a cash bond or by such other security as shall be acceptable to the Chief of Police.

Following the expiration of four months after the acquisition of said unclaimed property by the Police Department, the Chief of Police shall cause said property to be delivered to the City Manager to be sold at public auction to the highest bidder. Notice of said public auction and the following terms thereof shall be given at least five (5) days before the time fixed therefor by publication once in a newspaper of general circulation published in the City of Milpitas. At said auction, said property may be sold in lots or by the entirety. City reserves the right to purchase any item of property sold for the use and benefit of the City. All sales (except to the City) shall be for cash. The proceeds of all sales shall be deposited in the general fund of the City.

(Ord. 105.3, 10/1/85)

Any property not purchased at said auction may be disposed of or destroyed by the Director of Public Works as he shall determine to be in the best interests of the City.

(Ord. No. 315, § 2, 1/7/25)

The Chief of Police shall cause to be entered in a suitable book, a description of every article of unclaimed property which comes into the possession of the Police Department and must attach a number to each article and make a corresponding entry thereof in said book. The disposition of every article of unclaimed property and the sale price received therefor, in the event of sale, shall also be entered in said book.