Chapter 2.395 — UNCLAIMED PERSONAL PROPERTY

This chapter shall be known as the "Unclaimed Personal Property Ordinance." This chapter supersedes Civil Code Section 2080 et seq. in part.

(Ord. 6229 § 2 (part), 1987)

A.

"Personal property," as used in this chapter, includes money, goods, chattels, negotiable instruments, written evidence of rights in legal actions, evidences of debt and other items of intrinsic value that are not considered by law to be real property, but excludes animals.

B.

"Unclaimed property," as used in this chapter, means personal property of others taken into the possession of the police department or left in its possession or turned over to it by a person who found or saved the same, except:

Property subject to confiscation under the laws of this state or of the United States;

Vehicles, the storage, sale or other disposition of which is governed by the provisions of the state Vehicle Code.

(Ord. 6229 § 2 (part), 1987)

A.

Every officer and employee of the city who finds or otherwise comes into temporary control of any personal property as herein defined on or about public grounds, streets, highways, places or property of the city shall deliver the same to the police department, together with a written statement fully describing the circumstances of the finding, including the time and place of the finding, and if known, the name and address of the owner or person believed to be the owner.

B.

The person finding the property shall also deliver a copy of his written statement to the head of the department in which he is employed.

(Ord. 6229 § 2 (part), 1987)

Except as otherwise provided in this chapter, all unclaimed property in the possession of the police department shall be held and stored by the police chief for a period of at least 4 months except for unclaimed bicycles which shall be held for at least 3 months.

(Ord. 6229 § 2 (part), 1987)

The police chief shall restore unclaimed property in the possession of the police department to its legal owner, upon proof of such ownership satisfactory to him and upon the payment of all reasonably necessary costs incurred in the care and protection thereof, and cost of publication, if any. Where any such property may be needed or required as evidence in any criminal proceeding, the police chief 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 order of the proper court. If the legal owner is a person prohibited by law from possessing such property, restitution shall not be made.

(Ord. 6229 § 2 (part), 1987)

A.

Where lost money or other lost personal property of the value of $10.00 or more is found or saved by a person other than in the course of employment as an officer or employee of the city and is turned over to the police department in accordance with the provisions of Civil Code Section 2080.1 or otherwise, and no owner appears and proves his ownership of such property within the minimum applicable holding period specified in Section 2.395.040, the police department shall take the following actions: In accord with California Civil Code Section 2080.3, if:

The reported value of the property is $50.00 or more, the police department or sheriff's department shall first publish a notice at least once in a newspaper of general circulation. If no owner responds after 7 days, the title vests in the finder of the property, who pays the cost of publication.

If the reported value of the property is less than $50.00, the title shall vest in the person who found or saved the property.

B.

The provisions of this section shall not apply where the finder is a person prohibited by law from possessing such property.

(Ord. 6229 § 2 (part), 1987)

All unclaimed property in the possession of the police department not disposed of under the forgoing provisions shall be transferred to the director of finance after the expiration of the minimum applicable holding period specified in Section 2.395.040. When property is so transferred it shall not be redeemable by the owner or other person entitled to possession.

(Ord. 6229 § 2 (part), 1987)

All unclaimed property received by the director of finance shall be offered for sale at public auction to the highest bidder except as follows:

A.

Unclaimed property of a type or kind for which a permit or license to sell the same is required by state or federal law shall be destroyed unless some other disposition can be made of such property which would be in the public interest.

B.

Unclaimed property determined by the director of finance to be needed for the use of the city or other public use shall be retained and need not be sold. If the article so retained is to become accountable inventory of the water and power department, the director of finance shall charge the water fund or light and power fund an amount equal to the appraised value and credit the general fund in like amount.

(Ord. 6229 § 2 (part), 1987)

Notwithstanding the forgoing 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 to 2/3 of its value, the same may be immediately transferred to the director of finance for immediate sale in the same manner as the sale of a thing pledged, when the owner cannot, with reasonable diligence, be found, or, being found, refuses upon demand to pay the reasonably necessary costs incurred in the care and protection thereof.

(Ord. 6229 § 2 (part), 1987)

Before offering any unclaimed property for sale, the director of finance shall publish at least once a notice of intention to sell the unclaimed property at public auction to the highest bidder at the time and place therein specified.

(Ord. 6229 § 2 (part), 1987)

All sales of unclaimed property by the director of finance shall be held not less than 5 days after publication of the notice of intention to sell. Where the particular item offered for sale is one which certain persons are prohibited by law from possessing, using or consuming, such persons shall not be permitted to take delivery, and the item shall be sold to the next highest bidder who qualifies to take delivery.

(Ord. 6229 § 2 (part), 1987)

Any article left in the custody of the general manager of the water and power department for purposes of repair may be sold pursuant to the provisions of this section:

A.

Upon completion of repair, notice will be mailed to the person who left the article, at his last known address, advising that if the article is not claimed within 90 days from the date of mailing, the article will be sold. Whenever an article has not been claimed within 60 days after initial notice, a second notice will be mailed in the same manner as the initial notice indicating that it is the final notice before the article is sold. Upon the expiration of 90 days, the article will be transferred by the general manager of the water and power department to the director of finance.

B.

The director of finance may sell the item at public auction in the same manner as provided for in Section 2.395.080. The director of finance shall deduct the necessary selling expenses from the amount received and credit the net proceeds to the light and power fund.

C.

If the director of finance determines that any property transferred to him for sale is needed for a public use, such property may be retained and need not be sold. If the item is to become accountable inventory of a department of the city other than the water and power department, the director of finance shall charge the general fund an amount equal to the repair charges due on the item and credit the amount to the light and power fund. If the item is to be utilized by the water and power department, the director of finance shall effect an inventory transfer with no charges or credits.

(Ord. 6229 § 2 (part), 1987)

Any property not sold under the provisions of this chapter nor required for public use may be disposed of by the director of finance in a manner deemed by him/her to be in the public interest.

(Ord. 6229 § 2 (part), 1987)

The director of finance shall deduct all necessary direct selling expenses from the proceeds of sales under this chapter and, except as otherwise provided herein, credit the net proceeds of such sales to the general fund.

(Ord. 6229 § 2 (part), 1987)