Montclair Municipal Code Ch. 7.16 Unclaimed Property

For the purposes of this chapter, "unclaimed property" means any property found by the police upon the public streets or ways of the City or elsewhere, or any property brought to the Police Department by others, the owner of which property is unknown; provided, however, property held as evidence, dangerous or deadly weapons, narcotics or poison drugs, explosives, or any property of any kind whatsoever, the possession of which is prohibited by law as the same is defined in the Penal Code of the State, shall not constitute unclaimed property.

(Prior code § 3-6.01)

All unclaimed property shall be kept by the Police Department, which shall use ordinary care to keep the same safely and to protect the same from the weather. If an owner appears prior to three months from the date the property came into the possession of the Police Department, offers reasonable proof of ownership, and offers to reimburse the City for any storage charges incurred, the property shall be delivered to such owner upon his or her payment of the storage charges, if any.

(Ord. 99-791 Exh. A (part); prior code § 3-6.02)

All unclaimed property shall be held by the Police Department for a period of at least three months unless restitution has been made prior to its sale or disposition.

(Ord. 99-791 Exh. A (part); prior code § 3-6.03)

If, after the period of time specified in Section 7.16.030, the owner fails to redeem the unclaimed property, or if the owner fails to pay the police department's reasonable costs in the storage and care of the property as required by Section 7.16.020, the police chief shall cause such property to be transferred to the City's purchasing agent who may, in compliance with Section 2080.4 of the California Civil Code, either sell the property at public auction or retain the property for a public use; provided, however, that if the property shall consist of lost and unclaimed bicycles or toys, the purchasing agent may cause such property to be donated to one or more nonprofit tax-exempt charitable organizations which agree, in writing, to donate such property in turn to needy children of the City or county; and provided further, that if the property shall consist of money, it shall be deposited in the general fund of the City. Upon the transfer of such unclaimed property to the purchasing agent for the City, the owner of such property shall not thereafter be entitled to redeem the property.

(Ord. No. 16-958, § 1, 7-5-16)

Editor's note— Ord. No. 16-958, § 1, adopted July 5, 2016, repealed the former § 7.16.040, and enacted a new § 7.16.040 as set out herein. The former § 7.16.040 pertained to sale or disposition—notice and derived from prior code § 3-6.04 and Ord. No. 99-791.

A. Proceeds of Unclaimed Property Sold at Public Action. After the auction is completed, the City's purchasing agent shall deliver the proceeds of the auction to the City's finance director for deposit in the general fund of the City. No officers or employees of the City or their immediate family may bid on any property advertised and offered for sale at public auction.

B. Property Unsold at Public Auction. Any unclaimed property advertised and offered for sale at public auction 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 a manner as may be determined by the City's purchasing agent. No such property shall be given or sold to officers or employees of the City or their immediate family.

(Ord. No. 16-958, § 2, 7-5-16)