National City Municipal Code Ch. 2.44 Unclaimed Property

A. "Lost and unclaimed property" means goods or chattels which are no longer possessed by their lawful owner and for which demand by right has not been asserted by such lawful owner.

B. "Perishable property" means goods or chattels which are subject to decay, deterioration, or spoilage.

(Ord. 1673 § 1 (part), 1979)

All lost property in the possession of any city personnel shall be placed in the custody of the police department to be held and disposed of in accordance with this chapter.

(Ord. 1673 § 1 (part), 1979)

A. All lost and unclaimed property in the possession of the police department shall be held by the department for a period of at least three months, except animals and perishable property. Lost and unclaimed animals shall be turned over to a public animal shelter. Lost and unclaimed perishable property need be held by the department only long enough to permit compliance with the notice and auction requirements of this chapter.

B. All lost and unclaimed property in the possession of the department shall be tagged showing the date and circumstances of its acquisition by the department.

(Ord. 2156, 1999: Ord. 1673 § 1 (part), 1979)

A. If, during the time lost and unclaimed property is in the possession of the police department, the owner of said property appears and proves his ownership, the department shall restore the property to him.

B. The department may require that the reclaiming owner pay to the department the reasonable costs of storage and care of the property and the costs of publication incurred by reason of compliance with the terms of this chapter.

(Ord. 1673 § 1 (part), 1979)

Personal property, except bicycles, which has been held by the department for ninety days, and which has not been returned to the rightful owner, shall be subject to and may be transferred to the finder thereof in accordance with Section 2080.3 of the California Civil Code.

(Ord. 1673 § 1 (part), 1979)

If after the expiration of the applicable retention period, the city manager or his/her authorized designee determines any unclaimed property in the possession of the police department is needed for public use, such property shall be retained by the city.

(Ord. 1673 § 1 (part), 1979)

After the expiration of the applicable retention period, all lost and unclaimed property remaining in the custody of the police department shall be sold at public auction to the highest responsible bidder in accordance with this chapter.

(Ord, 1673 § 1 (part), 1979)

The purchasing agent shall conduct periodic public auctions for the sale of lost and unclaimed property. The date of a public auction shall be not less than seven days following the publication in a newspaper of general circulation in the city, printed and published in the county, of a notice of the sale at public auction of lost and unclaimed property. The purchasing agent shall have the authority to specify minimum bids. All purchases at public auction shall be for cash and shall be final. All purchasers at public auction shall take immediate possession of purchased property and property purchased at public auction shall not be reclaimable by the original owner.

(Ord. 1673 § 1 (part), 1979)

A. The city manager shall be responsible for the selection of an auctioneer. The city may use either a member of staff for this purpose or may solicit the services of a qualified private auctioneer.

B. A city staff member who serves as an auctioneer shall be compensated in accordance with provisions of the National City Civil Service Rules. A private auctioneer may be compensated with a percentage of the gross proceeds or other fee as approved by the city manager prior to conduct of the auction.

(Ord. 1673 § 1 (part), 1979)

All proceeds from the sale at public auction of surplus, lost, or unclaimed property, except private auctioneer compensation, shall be deposited in the city's general fund.

(Ord. 1673 § 1 (part), 1979)

After the expiration of the applicable retention period, all lost and unclaimed property which is deemed to be of limited or no value, or which is a thing which is commonly not the subject of sale, may be destroyed or otherwise disposed of by the city. All unclaimed property remaining unsold after being offered for sale at public auction may be destroyed or otherwise disposed of by the city.

(Ord. 1673 § 1 (part), 1979)

No city officer or employee or any member of the immediate family living in the same household of a city officer or employee, shall purchase unclaimed property sold in accordance with this chapter.

(Ord. 1946, 1988)