Chapter 4.16

UNCLAIMED AND SURPLUS PERSONAL PROPERTY

As used in this chapter, the term "donate" means to transfer ownership of property for no consideration or for a value less than the reasonable fair market value of the property transferred. (Ord. 24761.)

Parts:

• 1 General Procedures

• 2 Unclaimed Property

• 3 Disposition of Surplus Property

Part 1

GENERAL PROCEDURES

Sections:

As used in this chapter, the term "volunteer fire department" means a nonprofit organization established pursuant to Section 1428 et seq. of the Health and Safety Code or a nonprofit organization organized for the purpose of preventing and extinguishing fires and having official recognition and full or partial financial support of the jurisdiction in which such volunteer fire department is located.

(Ord. 24761.)

• 4.16.010 Director.

• 4.16.020 Property defined.

• 4.16.030 Donation defined.

• 4.16.040 Volunteer fire department defined.

• 4.16.050 Record of disposition of property.

• 4.16.060 Costs of disposal.

• 4.16.070 Sealed bid.

As used in this chapter, the term "director" means director of public works or such other director designated by the city manager to administer this chapter.

(Ords. 24761, 27447, 29306.)

As used in this chapter, the term "property" means personal property which has a value in excess of ten dollars. (Ord. 24761.)

*Editor’s note— Ord. 27980, § 10, adopted March 13, 2007, repealed Ch. 4.13, in its entirety, which pertained to contracts for general services. See also the Code Comparative Table.

• A. The director shall keep a record of sales, exchanges or other disposition of any property disposed of pursuant to the provisions of this chapter, including the following:

  1. A description of the property transferred;

  2. The name of the transferee;

  3. The date of transfer;

  4. The gross receipts, net receipts and/or transaction costs; and

  5. A description, including the value of any property received in exchange for the property transferred.

• B. Such records shall be kept for a period of five years from the date of transfer.

• (Ord. 24761.)

The director is authorized to engage auctioneers, by contract, to conduct public auctions for the purposes specified in this chapter, and to pay the reasonable expenses for such services, including costs of mailing and advertising, from the proceeds of the sales.

(Ord. 24761.)

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§ 4.16.130

• A. In cases where a sealed bid is required for the sale of property, the director shall cause notice of such sale by sealed bid to be given at least five days before the final time fixed for the submission of bids.

• B. Notice shall be by publication in a newspaper of general circulation published in the city or by posting on the city's web site on a web page designated for such postings.

• (Ords. 24761, 28802.)

If the owner of an item of unclaimed property found on public property appears within three months after receipt of the property by the police department and proves ownership in the property to the satisfaction of the chief of police, the chief shall restore the property to the owner, provided the owner pays all reasonable charges, as determined by the chief, for the storage and care thereof. (Ord. 24761.)

Part 2

UNCLAIMED PROPERTY

Sections:

• 4.16.100 Delivery to chief of police.

• 4.16.110 Owner notification.

• 4.16.130 Transfer of property to director of finance.

The following types of property shall be delivered to the chief of police:

• A. Property found on public property; or

• B. Property which has been otherwise placed in the custody of the chief of police and which has remained unclaimed by the owner for more than the period of time during which the property may be claimed pursuant to state law.

• (Ord. 24761.)

Whenever any unclaimed property comes into the possession of the chief of police, the chief shall notify the owner in accordance with the applicable provisions of law, if the owner's identity is reasonably ascertainable, that the police department possesses the property and where it may be claimed. (Ord. 24761.)

• A. If no owner claims an item of property found on public property within three months from the date the property comes into the possession of the chief of police, the finder may claim the property, unless the finder is an employee of any public agency who found the property in the course of employment.

• B. If the finder does not take possession of the unclaimed property within two months after expiration of the three-month time period allowed for the owner to claim the property, such property shall be transferred by the chief to the director.

• C. If the property was found in the course of employment by an employee of any public agency, the property shall be transferred by the chief to the director after the expiration of the three-month period allowed for the owner to claim the property.

• D. If no owner claims property other than found property within the period of time required by state law, then such property shall be transferred by the chief to the director.

• E. All property transferred to the director shall be disposed of in accordance with the provisions of Part 3 of this chapter.

• (Ords. 24761, 27447.)

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SAN JOSÉ CODE

§ 4.16.200

Part 3

DISPOSITION OF SURPLUS PROPERTY

Sections:

• 4.16.210 Disposition of surplus property.

• 4.16.220 Transfer for use by another department.

• 4.16.230 Exchange or trade-in.

• 4.16.240 Sale of surplus property.

• 4.16.250 Donation of property to other agencies or nonprofits.

• 4.16.260 Disposal of property of nominal value.

• 4.16.270 Disposal of surplus library materials.

• 4.16.280 Sale of surplus koi fish.

• 4.16.290 Disposition of firearms and police service dogs.

If the head of any department or office of the city determines that any property of the city under the jurisdiction or control of the department or office is not needed or suitable for a public use, such property shall be transferred to the director as surplus property. (Ord. 24761.)

Surplus property of the city shall be disposed of in accordance with the provisions of this part. (Ord. 24761.)

The director is authorized to transfer any surplus property to any city department for use by that department.

(Ord. 24761.)

• A. The director is authorized to exchange surplus property, valued at any amount, for other per-

sonal property of at least equal value, or to trade it in as part of the consideration to be paid for other property.

• B. Public bidding shall be a prerequisite to any such exchange or trade-in under those circumstances where Section 1217 of the city charter is applicable.

• (Ord. 24761.)

The director is authorized to sell surplus personal property under either of the following conditions:

• A. The director may sell property which does not exceed a fair market value of twenty thousand dollars (as adjusted pursuant to Section 4.04.085) to any public or governmental body or agency, any public utility which is either publicly owned or is regulated by the public utilities commission of the state of California or any volunteer fire department, subject to the following conditions:

  1. Before making a sale pursuant to this section, the director shall make a written determination that the sale price of the property is reasonable and appropriate under the circumstances.

  2. All sales pursuant to this section shall be without warranty, express or implied, and the buyer shall agree to defend, indemnify and hold harmless the city, its officers and employees, from any claim, cause of action, damage, loss or liability arising out of the condition of the property or its use by the buyer or subsequent transferee.

• B. The director may sell property of any value to the general public subject to the following conditions:

  1. If the director determines that the value of the surplus property is greater than one thousand dollars,

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§ 4.16.270

the director may sell such property by any method which the director determines to be most advantageous to the city, considering the value of the property and the cost of sale.

2. If the director determines that the value of the surplus personal property is one thousand dollars or less, the director may sell such property by any method which the director determines to be most advantageous to the city, considering the value of the property and the cost of sale.

(Ords. 24761, 28802.)

• A. Notwithstanding any provision in this chapter to the contrary, surplus personal property which the director determines is greater than one thousand five hundred dollars in value may be donated by the city council, to a public or governmental body or agency, volunteer fire department, or a nonprofit corporation.

• B. Notwithstanding any provision in this chapter to the contrary, surplus property which the director determines does not exceed one thousand five hundred dollars in value may be transferred by the director to a public or governmental body or agency, or to a nonprofit corporation, subject to the following conditions:

  1. The director shall establish a list of types of property eligible for donation and make such information generally available to eligible organizations.

  2. The director shall follow the guidelines approved by the city council for the donation of surplus property.

• C. All donations pursuant to this section shall be without warranty, express or implied, and the transferee shall agree to defend, indemnify and hold harmless the city, its officers and

employees, from any claim, cause of action, damage, loss or liability arising out of the condition of the property or its use by the organization or subsequent transferee. (Ord. 24761.)

Notwithstanding Section 4.16.240, the director may determine the disposition of such property by any method which the director determines to be most advantageous to the city considering the value of the property and the cost of sale, including but not limited to sale by salvage, recycling or disposal if: (1) the property remained unsold following an attempt to sell under Section 4.16.240; (2) the cost to sell the property exceeds the estimated resale value of the property; or (3) the condition of the property is unacceptable for sale, donation, exchange or trade-in.

(Ords. 24761, 29181.)

• A. Notwithstanding the other provisions of this chapter, the director of the library is authorized to dispose of surplus library materials, in any manner which in the director of the library's discretion, best serves the interest of the library.

• B. For the purpose of this section, "library materials" means material maintained by the library for general or limited circulation or for reference purposes, including but not limited to hardcover books, paperback books, records, films, microfilms, compact and laser discs, audio and video tapes, and magazines. "Library materials" do not include capital assets, fixtures, equipment, furniture or computer hardware or supplies.

• C. For the purpose of this section, "surplus" means that the material has been determined to be no longer of value to the library's collection according to the surplus guidelines established by the director of the library.

• (Ord. 24761.)

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SAN JOSÉ CODE

§ 4.16.280

• A. Notwithstanding the other provisions of this chapter, the director of convention, cultural and visitor services is authorized to sell any koi fish at the Japanese Tea Garden that the director of convention, cultural and visitor services finds are not needed at or suitable for the Japanese Tea Garden.

• B. The sale of such koi fish may be made at public auction, by sealed bid, or by private sale at the discretion of the director of convention, cultural and visitor services.

• (Ord. 24761.)