Morgan Hill Municipal Code Ch. 2.21 Disposition of Found or Unclaimed Money and Bicycles

A. The chief of police shall make provisions for the receiving and safekeeping of found or unclaimed property and money delivered to him or coming into his possession, and he shall make provision for safekeeping of all property abandoned in the city or otherwise coming into his possession where no owner can be found, subject to the provisions of this chapter.

B. The finder of money or property of the value of ten dollars or more who turns the money or property over to the police department in compliance with the provisions of Section 2080.1 of the Civil Code as it exists or is hereafter amended, shall make the affidavit required by the section; and the police shall make a reasonable effort to ascertain and notify the owner thereof.

(Ord. 1079 N.S. § 1 (part), 1992)

If the true owner appears within ninety days after receipt of the property by the police department, proves his ownership, and pays the charges hereinafter provided, the police division shall restore the property to him. Found money shall be paid to the true owner upon written order to the finance director and city treasurer 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. Charges for the care of the property or money not exceeding ten percent of the value of the property or the amount of the money may be charged for its safekeeping. 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.

(Ord. 1079 N.S. § 1 (part), 1992)

If the reported value of property is fifty dollars or more and no owner appears and proves his ownership of the property within ninety days, the chief of police within the next thirty days shall cause to be published at least once in the official newspaper of the city a notice of the found, saved or unclaimed property. If after seven days following the first publication of the notice, no owner appears and claims ownership of the money or property, then the money or property shall be delivered back to the finder unless the property was found in the course of employment by an employee of any public agency, in which case the property, other than money, shall be sold at public auction. Charges may be imposed upon the finder at time of delivery to him of the property sufficient to defray the costs of advertising and storage. If the reported value of the property is less than fifty dollars and no owner appears and proves his ownership of the property within ninety days, then the money or property shall be delivered back to the finder unless the property was found in the course of employment by an employee of any public agency, in which case the property, other than money, shall be sold at public auction.

(Ord. 1079 N.S. § 1 (part), 1992)

All money received by the police, as to which ownership cannot be satisfactorily shown or established, shall be deposited in the general budget fund.

(Ord. 1079 N.S. § 1 (part), 1992)

Property received and not delivered to the true owner or finder within four months after the receipt of property by the police shall be disposed of by public auction to the highest bidder. Such auction shall be held not less than five days after a notice describing the article to be disposed of announcing the date, time and place of the auction is published once in the official newspaper of the city.

(Ord. 1079 N.S. § 1 (part), 1992)

The police department may sell property by public auction in the manner and upon the notice of sale of personal property under execution, if it is a thing which is commonly the subject of sale in the following cases: (a) when the owner being found refuses upon demand to pay the charges in Section 2.21.020 when such charges amount to two-thirds of its value, or (b) the property is in danger of perishing or of losing the greater part of its value.

(Ord. 1079 N.S. § 1 (part), 1992)

The city may appropriate to its own use found or unclaimed property if such property is not redeemed or redeemable as provided in this article.

(Ord. 1079 N.S. § 1 (part), 1992)

Any property coming into the possession of the police department which is dangerous or perishable may be disposed of immediately without notice, in such manner as is determined to be in the public interest.

(Ord. 1079 N.S. § 1 (part), 1992)

After such auction under this chapter is completed, the chief of police shall deliver the proceeds of the auction to the director of finance for deposit in the general budget fund.

(Ord. 1079 N.S. § 1 (part), 1992)

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.

(Ord. 1079 N.S. § 1 (part), 1992)

A. Pursuant to the provisions of Welfare and Institutions Code Section 217, as it exists or is hereafter amended, any bicycles in the possession of the police department which have been unclaimed for a period of at least sixty days may, instead of being sold at public auction to the highest bidder pursuant to the provisions of Section 2080.5 of the Civil Code, be turned over 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.

B. The city manager, or designee, shall have authority to designate one or more nonprofit agencies meeting the requirements of Section 217 of the Welfare and institutions Code, to receive any bicycles which have been in the possession of the police department and unclaimed for a period of at least sixty days, to receive such unclaimed bicycles and use them in a program or activity designed to prevent juvenile delinquency. The city manager, or designee, may determine from time to time whether unclaimed bicycles should be sold at auction or disposed of for use in a program or activity designed to prevent juvenile delinquency, pursuant to the provision of this section.

(Ord. 1079 N.S. § 1 (part), 1992)

This chapter does not apply to property held by the chief of police as evidence except that property classified as evidence which has fulfilled its evidentiary purpose or has ceased to be needed for the purpose for any reason and which for any reason cannot be returned to its rightful owner shall be reclassified as unclaimed property for disposition pursuant to the provisions of this chapter.

(Ord. 1079 N.S. § 1 (part), 1992)