Oroville Municipal Code Ch. 8.16 Unclaimed Property

This chapter is adopted pursuant to authority granted in Chapter 4 of Division 3 of the Civil Code of the State of California.

(Ord. 1483 § 1)

The chief of police shall make provisions for receiving and safekeeping property and money that is found and delivered to him or her or coming into his or her possession. A police property report shall be made by the officer receiving such property or such money.

(Ord. 1483 § 1)

All property or money taken from persons under arrest, or taken under suspicion or with knowledge of its having been stolen or feloniously obtained, all property or money constituting evidence or proceeds of crime, or taken from intoxicated or insane persons or other persons incapable of taking care of themselves, and all property or money lost or abandoned that may come into the possession of any member of the police department, or personal property found or saved on property subject to the jurisdiction of the city, shall be delivered to the chief of police who shall enter or cause to be entered in a record to be kept by him or her for that purpose a detailed description of the same, together with the name of the person or persons from whom received, the names of any claimants thereto, the time of the seizure or discovery, and the final disposition thereof.

(Ord. 1483 § 1)

Except as otherwise provided in this chapter, all property and money received as provided by Sections 8.16.020 and 8.16.030, shall be stored in a safe place for a period of 3 months unless sooner claimed by the true owner, and shall then be deemed to be unclaimed property or unclaimed money, and be subject to disposal as provided in this chapter.

(Ord. 1483 § 1)

Notwithstanding any of the foregoing provisions, when any unclaimed property in the possession of the police department is in danger of perishing, or of losing the greater part of its value, or when the reasonably necessary costs incurred in the care and protection of any such property amount of two-thirds of its value, the police department may sell such 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, when the owner cannot, with reasonable diligence, be found, or, being found, the owner refuses upon demand to pay the reasonably necessary costs incurred in the care and protection thereof.

(Ord. 1483 § 1)

The chief of police shall restore unclaimed property in the possession of the police department to its true legal owner, upon proof of such ownership satisfactory to him or her, and upon the payment of all reasonably necessary costs incurred in the care and protection thereof, and cost of publication, if any, not exceeding 10% of the value of the property or the amount of money. Where any such property may be needed or required as evidence in any criminal proceeding, the chief of police shall delay the restoration of such property to its legal owner until the conclusion of such proceedings. If such property is introduced as evidence in a criminal case, it shall be disposed of only upon the order of the proper court. If the legal owner is a person prohibited by law from possession of such property, restitution shall not be made.

(Ord. 1483 § 1)

If the true owner does not appear during the 3-month period and claim the property or money, it may be delivered back to the person who delivered it to the chief of police if, at the time of delivery, such person indicated in writing that he or she wished to assert a claim to the property or money as finder. Charges may be imposed as provided in Section 8.16.060.

(Ord. 1483 § 1)

All unclaimed property that has been in the possession of the chief of police not otherwise disposed of or required to be held and which is no longer needed as evidence shall be disposed of by the chief of police in one of the following ways:

A. It shall be destroyed, if so directed by federal, state or city laws, and may be destroyed if authorized by the law;

B. All guns or firearms which are not required or authorized to be destroyed by federal or state laws shall be disposed of in the manner specified in the Dangerous Weapon Control Law of the State of California;

C. If the use of any such property is requested by any department of the city and the property so requested is not subject to destruction under applicable federal, state or city laws, or as provided in this chapter, said property shall be turned over to the city administrator who shall sign a receipt therefor, for distribution to the department making the request;

D. All such property which is not disposed of as hereinabove provided shall be sold at public auction to the highest bidder, such public auction to be fixed by the chief of police. The chief of police will give notice of the auction sale, at least 5 days before the time fixed therefor, by publication once in a newspaper of general circulation within the city. The notice shall state the day and hour when such sale shall commence, the place at which it is to be held, and shall contain a general description of the property to be sold, or shall refer to a list thereof on file with the city clerk. The notice shall be signed by the chief of police. The proceeds of such sale shall, together with all moneys unclaimed for a period of 3 months, be delivered by the chief of police to the city clerk or other appropriate city officer for deposit in the general fund of the city;

E. Any property advertised and offered for sale but not sold and not suitable for appropriation for 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. No such items shall be given or sold to employees of the city.

(Ord. 1483 § 1)