Nevada County Municipal Code Ch. 29 Care and Disposal of Unclaimed Property

This article is enacted pursuant to the authority provided by Cal. Civil Code § 2080.4.

(Ord. 2539. (12/10/2024))

The following provisions shall apply to the care, restitution, sale or destruction of unclaimed property in the possession of the Sheriff of the County of Nevada.

(Ord. 2539. (12/10/2024))

Within the meaning hereof, "unclaimed property" shall mean all personal property coming into the possession of the Sheriff of the County which, in the opinion of the Sheriff, need not be preserved as evidence to be used in connection with the investigation or prosecution of crime, the owners of which property are unknown or cannot be located after appropriate inquiry and to which no valid claim of ownership is made.

(Ord. 2539. (12/10/2024))

All unclaimed property as above defined shall be kept by the Sheriff using ordinary care to keep the same safely. If an owner appears prior to ninety (90) days from the date the property came into the possession of the Sheriff, the property shall be delivered to said owner upon his payment of the storage charges, if any, and upon said owner executing a receipt for the property.

(Ord. 2539. (12/10/2024))

The Sheriff's Office is authorized and empowered to sell at public auction, to the highest bidder, for cash, or to transfer said property to the County Purchasing Agent for sale to the public at public auction, any article of personal property in their possession, unclaimed for a period of ninety (90) days.

A. In the event the Sheriff elects to sell said property, he/she shall give notice of the date, time and place of sale at least five (5) days before the time fixed therefor by publication once in a newspaper of general circulation published in the County of Nevada.

B. In the event the Sheriff elects to transfer said property to the County Purchasing Agent for sale to the public at public auction, the County Purchasing Agent shall give notice of the time and place of sale in the same manner as provided by Article 7 (commencing with Section 25500) of Chapter 5, Part 2, Division 2, Title 3 of the Government Code for the sale of surplus personal property.

C. If the property is transferred to the County Purchasing Agent pursuant to this Article, such property shall not be redeemable by the owner or other person entitled to possession. If the County Purchasing Agent determines that any such property transferred to it for sale is needed for a public use, such property may be retained by the County and need not be sold.

D. The net proceeds from any sale conducted pursuant to this Article shall be delivered to the County Treasurer for deposit as determined appropriate by Sheriff's Chief Fiscal Administrative Officer or designee.

E. Unsold Items. Property for which no bid is made at such sale may be given to a nonprofit charitable organization, destroyed or otherwise disposed of as the County Purchasing Agent, or his authorized representative, may direct.

F. Pursuant to Cal. Welfare and Institutions Code § 217, at the end of the time periods set forth herein, unclaimed property with a value of not more than five hundred dollars ($500.00) may be turned over to the County Probation Officer, Child Welfare Services, or to any charitable or nonprofit organization who is authorized to participate in a program or activity designed to prevent juvenile delinquency for use in any program or activities designed to prevent juvenile delinquency.

(Ord. 2539. (12/10/2024))