Modesto Municipal Code Ch. 7 Disposal of Unclaimed Property

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

(Added by Ord. 610-C.S., effective 10-30-63)

Such property shall be stored in a safe place and such money deposited with the Director of Finance for a period of at least three (3) 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 this chapter.

(Added by Ord. 610-C.S., amended by Ord. 2511-C.S., § 1, effective 7-2-87)

During such time as any such property or money is so held, it may be delivered or paid to the true owner upon payment to the City of all reasonable charges for storage and care. Such property shall be delivered upon proof of ownership satisfactory to the Chief of Police after ten (10) days' notice by mail to any 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 Director of Finance from the Chief of Police. The Chief of Police shall make such order upon the same proof of ownership and with the same notice as prescribed in the case of property. If ownership cannot be determined to the satisfaction of the Chief of Police, he may refuse to deliver such property or order the payment of such money to anyone until ordered to do so by a court.

(Added by Ord. 610-C.S., amended by Ord. 2511-C.S., § 1, effective 7-2-87)

If the true owner does not appear during the time such property or money is so held, and claim the property or money, it may be delivered back to the finder, other than a City employee who found the same while performing his regular duty, if the property or money is less than fifty dollars ($50.00) in value, if such finder has served written notice upon the City that he wishes to assert a claim to the property or money as a finder, and if he has complied with the requirement of the Civil Code governing the duties and obligations of a finder. If the money or property is fifty dollars ($50.00) or more in value and the three-month period has passed, the police department shall cause notice of the property to be published once in a newspaper of general circulation. If after seven (7) days from publication of notice no owner appears and the finder pays the cost of the publication and the cost of storage, the police may return the property to a finder who has complied with the duties and obligations set forth in the Civil Code.

(Added by Ord. 610-C.S., amended by Ord. 2511-C.S., § 1, effective 7-2-87)

All money so received by the Chief of Police and not delivered as specified above to the owner or the finder shall thereafter be deposited in the general fund.

(Added by Ord. 610-C.S., amended by Ord. 2511-C.S., § 1, effective 7-2-87)

(a) Upon expiration of the initial three (3) month period, any property so received and not delivered to the true owner or finder may be appropriated to the use of the City upon order of the City Manager, and such property not appropriated to City use may be sold at public auction to the highest bidder. Notice of any such sale shall be given by the City Clerk at the direction of the Chief of Police at least five (5) days before the time fixed therefor by publication at least once in a newspaper of general circulation published in the County.

(b) Notwithstanding any of the foregoing, any unclaimed toys or bicycles, or both, in the possession of the Modesto Police Department which have been deemed unclaimed pursuant to the provisions of Section 2-7.02, may, at the discretion of the City Manager upon the recommendation of the Police Chief, be repaired and turned over to the Stanislaus County Probation Department, or to the Stanislaus County Welfare Department, or to any charitable or nonprofit 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.

(Added by Ord. 610-C.S., amended by Ord. 2511-C.S., § 1, effective 7-2-87, and Ord. 3105-C.S., § 1, effective 12-3-98)

An auction for the sale of unclaimed property shall be conducted by the City Manager or his appointed representative. Title to the property shall not rest in the successful bidder unless the cost of publishing the notice set forth in Section 2-7.04 is paid to the City.

(Added by Ord. 610-C.S., amended by Ord. 2511-C.S., § 1, effective 7-2-87)

After such auction is completed, the proceeds of the auction shall be delivered to the Director of Finance for deposit in the General Fund.

(Added by Ord. 610-C.S., effective 10-30-63)

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.

(Added by Ord. 610-C.S., effective 10-30-63)

Any property coming into the possession of the Chief of Police which he determines to be dangerous or perishable may be disposed of immediately, without notice, in such manner as he determines to be in the public interest.

(Added by Ord. 610-C.S., effective 10-30-63)

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

(Added by Ord. 610-C.S., effective 10-30-63)