San Leandro Municipal Code Art. 1 General

(Legislative History: Ordinance No. 64-8, 2/10/64 (4-13-120); Ordinance No. 686 N.S. (4-13-125); Ordinance No. 92-03, (2/24/92); Ordinance No. 2013-021, 12/16/13 (Section 4-13-100))

All property with a value of $100 or more found in this City, ownership of which is unknown or unclaimed, shall be delivered to, and held by the Police Department until such time as such property is disposed of as herein provided.

The Chief of Police shall attempt to ascertain the owner of such property and shall restore the same to him or her, if found, upon proof of ownership satisfactory to the Chief and payment of the costs herein provided. If the owner of such property fails to appear and prove ownership of such property within 90 days, the Police Department shall cause notice of the property to be published at least once in a newspaper of general circulation. If, after seven days following the publication of such notice, no owner appears and proves his or her ownership of the property and the person who found the property pays the costs of publication and any applicable storage charges, the title shall vest in the person who found the property unless the property was found in the course of employment by an employee of any public agency, in which case the property shall be sold at public auction as provided in Section 4-13-115.

The Finance Director shall establish a schedule of storage charges for property held by the Department as herein provided, based upon the amount of space and care required to preserve said property, but small articles held for short periods may be restored to their owner or to the finder thereof without charge. Records shall be kept of the actual costs of locating the owner of such property, including advertising costs, if any. Such charges and costs shall be paid to the City by the owner or the finder as provided above.

If within four months any such property remains unclaimed either by the owner or the finder or the charges thereon have not been paid, the Finance Director may sell the same at public auction to the highest bidder for cash in lawful money of the United States. The Finance Director shall give notice of the time and place of sale, describing the property by publishing such notice one time in the official newspaper or the City at least five days before the time fixed for the sale. Any property remaining unsold after being offered at such public auction may be destroyed or otherwise disposed of by the Finance Director. If the City Manager determines that any such property is needed for a public use, such property may be retained by the City and need not be sold.

Any unclaimed automobiles shall be disposed of as provided in California Vehicle Code Section 22851.2 et seq.

All proceeds from such sales shall be deposited in the general fund of the City.