Redwood City Municipal Code § 2.54 Disposition of Dangerous or Perishable Personal Property; Personal…

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Editor's note— Ord. No. 2458, § 4(Exh. A), adopted Feb. 25. 2019, amended Art. VI in its entirety to read as herein set out. Former Art. VI, §§ 2.53—2.56, pertained to unclaimed property, and derived from Ord. No. 1437, § 1, adopted Nov. 17, 1969; Ord. No. 1876, § 1, adopted Aug. 22, 1983; and Ord. No. 2039, § 1, adopted July 8, 1991.

Any money, goods, or other personal property found, recovered or held by, delivered to, or otherwise coming into the possession of an officer, employee, or agent of the City shall be delivered to the Police Department. The finder of such personal property shall give information concerning the time when and the place where the property was found, a description of the property, the circumstances under which it was found, and the name of the owner of the property, if known.

(Ord. No. 2458, § 4(Exh. A), 2-25-19)

All personal property in the possession of the Police Department, the disposition of which is governed by Federal law, or the Vehicle or Penal Codes of the State shall be disposed of according to such law or Codes. All such property which the Chief of Police determines to be dangerous or perishable may be disposed of immediately, without notice, in such manner as they determine to be in the public interest.

(Ord. No. 2458, § 4(Exh. A), 2-25-19)

Except as provided in Section 2.54 of this Article, unclaimed personal property in the possession of the Police Department shall be disposed of as follows:

A. The disposition of personal property, exclusive of money, shall be in accordance with California Civil Code Section 2080, et seq. and, in addition, shall be governed by the following provisions:

1. When a finder in whom title vests relinquishes their claim and interest in the personal property, the Chief of Police may sell at public auction or otherwise dispose of said property in whatever manner the Chief of Police deems to be in the public interest.

2. Any personal property with a value of not more than five hundred dollars ($500.00) which has been unclaimed for a period of at least ninety (90) days may, instead of being sold at public auction to the highest bidder pursuant to the provisions of Civil Code Section 2080.5, be relinquished to a probation officer, the Welfare Department of the County of San Mateo, or to any charitable or nonprofit organization which is authorized under its articles of incorporation to participate in a program or activity designed to prevent juvenile delinquency and which is exempt from income taxation under Federal or State law, or both, for use in any program or activity designed to prevent juvenile delinquency. Before any property is turned over to a probation officer, to the Welfare Department of the County of San Mateo, or to any charitable or nonprofit organization, the Police Department shall notify the owner, if their identity is known or can be reasonably ascertained, that the Police Department possesses the property, and where the property may be claimed. The owner may be notified by mail, telephone, or by means of a notice published in a newspaper of general circulation which the Chief of Police determines is most likely to give notice to the owner of the property.

3. Whenever the Chief of Police conducts a public auction for the purpose of selling unclaimed property in the possession of the Police Department, they shall give notice of the sale by publishing notice thereof once in a newspaper of general circulation published in the City, at least five (5) days before the time fixed for the sale. Such property shall be sold at public auction to the highest bidder. The proceeds shall be deposited in the General Fund of the City. In the event no bid is offered for such property, the property shall be disposed of by the Chief of Police in such manner as they determine to be in the public interest.

B. The disposition of unclaimed money shall be in accordance with California Government Code Section 50050, et seq.

(Ord. No. 2458, § 4(Exh. A), 2-25-19)

Pursuant California Civil Code Sections 2080 and 2080.1, the Chief of Police may require the owner to pay a reasonable charge to defray costs of storage and care of the personal property. The amount of the charge shall be established by resolution of the City Council.

(Ord. No. 2458, § 4(Exh. A), 2-25-19)