Chapter 9.42 — DISPOSITION OF UNCLAIMED PROPERTY

Unclaimed property in the possession of the police department of the city shall be cared for, restored to its owner, sold or destroyed as herein provided and consistent with the laws of the state.

(Code 1972, § 9.42.010; Ord. No. 584, § 1(part), 1983)

State Law reference— Similar provision, Penal Code § 1407 et seq.

(a)

Every item of unclaimed property in the possession of the police department except unclaimed bicycles shall be held by the police department for a period of at least four months. Unclaimed bicycles shall be held by the police department for a period of at least three months.

(b)

A record of each item of such property shall be made and kept by the police department, showing the date when and the circumstances under which such property was received.

(c)

If the ownership of the property is known or reasonably ascertained, an effort shall be made to notify the owner that such property is in the possession of the police department.

(d)

During the period of time that such property is in the possession of the police department, it shall be made available for inspection by any person who claims ownership or a right of possession of lost or stolen property and who describes such property and the circumstances of its loss.

(Code 1972, § 9.42.020; Ord. No. 584, § 1(part), 1983)

The police department shall restore any such property in its possession to the person submitting proof of ownership or right of possession which is satisfactory to the chief of police. A receipt for such property, containing the name and address of the claimant and provision for his identification, shall be signed by the claimant and retained by the police department as a part of the original record showing when and the circumstances under which such property was received.

(Code 1972, § 9.42.030; Ord. No. 584, § 1(part), 1983)

(a)

Unclaimed property in the possession of the police department, except unclaimed bicycles, which has been held by the police department for a period of at least four months and unclaimed bicycles which have been held by the police department for a period of at least three months shall have title vested to the police department.

(b)

Unclaimed property transferred to the police department of the city shall not be redeemable by the owner or other person entitled to possession.

(c)

The auction of unclaimed property may be held concurrently with an auction of surplus city property. Such unclaimed property shall be sold at public auction to the highest bidder for cash.

(d)

Notices of all such sales shall be given by posting copies of notices in the city hall and in a conspicuous place near the entrance of the police department. Such notices shall be so posted for at least ten days preceding each sale. Copies of notices of sale shall be published at least one time in a newspaper of general circulation published within the city, the date of the last publication to be at least ten days before the date of sale. Such notices of sale shall contain general descriptions of the kinds of items of property to be sold, but definite descriptions of each of the several items are not required.

(e)

Notwithstanding subsections (c) and (d) of this section, if the police department of the city determines that any unclaimed property transferred to it for sale is needed for a public use, such property may be retained by the city and need not be sold.

(Code 1972, § 9.42.040; Ord. No. 584, § 1(part), 1983)

The police department shall make a record of the amount of money received for each item of property sold at each sale and shall deliver such record to the finance director of the city immediately after the date of each sale. All money received as proceeds of such sales shall be delivered to the treasurer of the city and deposited in its general fund.

(Code 1972, § 9.42.050; Ord. No. 584, § 1(part), 1983)

Unclaimed property which has been transferred to the police department as provided in section 9.42.040(a) and which has been offered for sale by the police department at least once without any bid being made therefor, which the police department determines to be of no value may be destroyed by the police department or delivered to a nonprofit organization which may benefit from the use of such property.

(Code 1972, § 9.42.060; Ord. No. 584, § 1(part), 1983)