Paso Robles Municipal Code Ch. 9.38 Unclaimed Property

For the purpose of this chapter, unless the context otherwise requires, the following words and phrases shall have the meanings respectively ascribed to them by this section:

"Abandoned property" shall mean all property that the former owner has voluntarily and intentionally given up possession.

"Unclaimed property" shall mean all personal property that is lost, found, abandoned, stolen, embezzled or deposited with the police department.

(Ord. No. 1062 N.S., § 20, 10-16-2018)

The chief of police may destroy any unclaimed property deemed by him to be inimical to the health, safety or welfare of the city.

(Ord. No. 1062 N.S., § 20, 10-16-2018)

All unclaimed personal property coming into possession of the police department shall be stored in a safe place by the chief of police. If the owner appears within ninety days, the chief of police shall restore such property to its legal owner, upon proof of such ownership satisfactory to him and upon the payment of all reasonably necessary costs in the care and protection thereof, unless such property is held by the police for evidence in a pending case in which event it shall be disposed of only upon order of the proper court or for reasons stated in Section 9.38.070, Exceptions to chapter.

(Ord. No. 1062 N.S., § 20, 10-16-2018)

A. Unclaimed property shall be held by the police department for a period of at least three months, and thereafter such property will be sold at public auction to the highest bidder, with notice of such sale being given by the chief of police at least five days before the time fixed therefor by publication once in a newspaper of general circulation published in the county, or that thereafter such property will be transferred to the city department responsible for purchasing for sale to the public at public auction.

B. If such property is transferred to a county purchasing agent it may be sold in the manner provided by Article 7 (commencing with Section 25500) of Chapter 5 of Part 2 of Division 2 of Title 3 of the California Government Code for the sale of surplus personal property. If property is transferred to the local government purchasing and stores agency or other similar agency pursuant to this section, such property shall not be redeemable by the owner or other person entitled to possession. If the city department responsible for purchasing determines that any such property transferred to it for sale is needed for a public use, such property may be retained by the agency and need not be sold.

(Ord. No. 1062 N.S., § 20, 10-16-2018)

State Law reference— See California Civil Code 2080.4, wherein the legislative body of a city may provide for the care and disposition of unclaimed property provided it meets the requirements of that section.

The expenses connected with the sale authorized by the preceding section shall be a proper charge against the funds of the police department and the receipts and proceeds received from the sale shall be delivered to the city treasurer for deposit in the general fund of this city.

(Ord. No. 1062 N.S., § 20, 10-16-2018)

Any property remaining unsold after being offered at such public auction may be destroyed or otherwise disposed of by the chief of police or retained by the city if the police chief determines that such property has a public use.

(Ord. No. 1062 N.S., § 20, 10-16-2018)

This chapter does not supersede the provisions of other statues that govern the disposal of specific items of property, for example, abandoned motor vehicles or to property subject to confiscation or special disposition under the law of the state or of the United States of America.

(Ord. No. 1062 N.S., § 20, 10-16-2018)