Morro Bay Municipal Code Ch. 3.30 Unclaimed Money and Property

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

B. The police department shall notify the owner, if his identity is reasonably ascertainable, that it possesses the property and where it may be claimed. The police department may require payment by the owner of a reasonable charge to defray costs of storage and care of the property.

(Ord. 202 § 1 (part), 1981)

Such property shall be stored in a safe place for a period of at least three months in the case of bicycles and not less than four months in the case of property other than bicycles, and such money shall be deposited with the director of finance for a period of not less than six 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.

(Ord. 202 § 1 (part), 1981)

During such time as any such property or money is so held, it may be delivered or paid to the true owner after payment of all reasonable charges for storage and care of the property. Such property shall be delivered upon proof of ownership satisfactory to the chief of police after ten 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.

(Ord. 202 § 1 (part), 1981)

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 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.

(Ord. 202 § 1 (part), 1981)

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

(Ord. 202 § 1 (part), 1981)

Unclaimed property shall be used by city or sold at auction. Upon expiration of the initial four-month period or after three months in the case of bicycles, 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 administrator 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 days before the time fixed therefor by publication at least once in a newspaper of general circulation published in the county.

(Ord. 202 § 1 (part), 1981)

An auction for the sale of unclaimed property shall be conducted by the city administrator or his appointed representative.

(Ord. 202 § 1 (part), 1981)

After such auction is completed, the proceeds of the auction shall be delivered to the finance department for deposit. All auction monies generated by enterprise fund activities shall remain with the applicable enterprise fund.

(Ord. 202 § 1 (part), 1981)

(Ord. No. 571, 9-27-11)

Any property advertised and offered to 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 administrator directs.

(Ord. 202 § 1 (part), 1981)

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.

(Ord. 202 § 1 (part), 1981)

The provisions of this chapter shall not be deemed to apply to property or money subject to confiscation under the laws of the state 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.

(Ord. 202 § 1 (part), 1981)

The provisions of this chapter shall have no application to property which has been intentionally abandoned by its owner.

(Ord. 202 § 1 (part), 1981)