San Bernardino Municipal Code Ch. 2.70 Sale of Unclaimed Property

Section

Statutory reference:

For provisions on lost and unclaimed property, see Cal. Code of Civil Procedure, §§ 1500 et seq.

For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.

UNCLAIMED PROPERTY. Includes any and all lost, abandoned or unclaimed personal property of whatsoever kind or character, but does not include such property which is specifically ordered to be destroyed by the provisions of the law nor to the disposal of dogs, cats or livestock.

(Ord. 2121, passed 6-19-1956)

(A) Cal. Civil Code, §§ 2080, 2080.1 and 2080.2 are adopted by reference and made effective and operative in the city. Any and all unclaimed property now or hereinafter coming into the possession of the Police Department shall be inventoried at least every three months by the Chief of Police and a full and complete list thereof shall be transmitted to the City Manager.

(B) Any and all unclaimed property found by city employees during the course of their employment shall be delivered to the Police Department and shall be disposed of in accordance with this chapter.

(Ord. 2121, passed 6-19-1956; Ord. 3273, passed 7-14-1972)

(A) The City Manager, upon receipt of the list of unclaimed property, shall determine therefrom the unclaimed bicycles that have been held by the Police Department for a period of at least three months and all other unclaimed property that has been held at least four months, whereupon the City Manager shall cause the unclaimed property so held to be sold at public auction.

(B) Notice of such sale, describing the property in sufficient detail for its identification, shall be prepared by the City Manager, or his or her designee, and the notice signed by the Chief of Police, which notice of the sale shall be given at least five days before the time fixed therefor by publication once in a newspaper of general circulation published in the city.

(C) If, after five days following the publication of the notice, no owner appears and proves his or her ownership of the property and the person who found or saved the property pays the cost of the publication, the title shall vest in the person who found or saved the property unless the property was found in the course of employment by an employee of the city in which case the property shall be sold at public auction or transferred for the use of any department of the city. Title to the property shall not vest in the person who found or saved the property unless the cost of publication is first paid to the City Treasurer prior to the sale at public auction.

(D) No city officer or employee shall directly or indirectly submit a bid for the purchase of the unclaimed property at the sale if he or she has authorized, conducted or administered, or participated in the preparation or conduct of the sale in his or her official capacity.

(E) The property so offered for sale shall be sold to the highest bidder for cash or other form of payment that may be approved by the City Manager.

(Ord. 2121, passed 6-19-1956; Ord. 3273, passed 7-14-1972)

The proceeds of the auction sale or sales shall immediately be deposited with the City Treasurer and placed in the General Fund thereof.

(Ord. 2121, passed 6-19-1956)

It shall be the duty and responsibility of the Police Department to safely keep any and all unclaimed properties, subject to the right of the administrative officer to sell such properties at public auction as provided in this chapter, whereupon the property shall then be delivered to the purchaser upon payment of the purchase price.

(Ord. 2121, passed 6-19-1956)

(A) Property forfeited pursuant to 21 U.S.C. §§ 881 et seq. and Cal. Health and Safety Code, §§ 11488 et seq. that is released to the Police Department for disposition may be sold at public auction following the procedures set forth in § 2.70.030(B), (D) and (E).

(B) Proceeds from the sale of such forfeited property shall be deposited in the Special Deposits Fund of the city in a special account designated by the Director of Finance and Management Services and thereafter be disbursed by the Department with the authorization of the City Manager pursuant to the applicable city procedures and state and/or federal laws.

(Ord. MC-624, passed 5-4-1988; Ord. MC-1220, passed 3-20-2006; Ord. MC-1625, passed 2-21-2024)