Simi Valley Municipal Code Ch. 13 Unclaimed Property

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

(a) "Personal property" shall include money, goods, chattels, negotiable instruments, written evidence of rights in legal actions, evidences of debts, and other items of intrinsic value which are not considered by law to be real property, but shall exclude animals.

(b) "Unclaimed property" shall mean personal property of others taken into the possession of the Police Department or left in its possession or turned over to it by a person who found or saved such property, except:

(1) Property subject to confiscation under the laws of the State or of the United States; and

(2) Vehicles, the storage, sale, or other disposition of which is governed by the provisions of the Vehicle Code of the State; and

(3) Property held as evidence, dangerous or deadly weapons, narcotics or dangerous drugs, explosives or property of any kind whatsoever, which is prohibited, restricted or outlawed by state or federal statutes, or which has been intentionally abandoned by its owner, based on an objectively reasonable belief supported by facts or evidence that the property has been intentionally abandoned or relinquished.

(§ 1, Ord. 465, eff. April 8, 1981 as amended by § 1, Ord. No. 1283, eff. February 8, 2018)

This chapter is adopted pursuant to authority granted by California Civil Code ("Civil Code") Section 2080 et seq. Pursuant to Civil Code Section 2080.6, the City has elected to adopt and follow reasonable City regulations, in lieu of the default provisions in the Civil Code, for the care, restitution, sale or destruction of unclaimed property in its possession.

(§ 1, Ord. 465, eff. April 8, 1981 as amended by § 1, Ord. No. 1283, eff. February 8, 2018)

When any person arrested shall be adjudged innocent of the offense charged by a court of competent jurisdiction, which shall adjudge that the property or money in the possession of the Police Department belongs to such person, the Chief of Police shall thereupon deliver such property or money to such person only, and not to an attorney or agent, and take a receipt signed by the person therefor. If the accused is held for trial or examination, such money or property shall remain in the custody of the Chief of Police until the discharge or conviction of the person accused, unless prior thereto the Chief of Police has delivered the money or property to a State or County officer, as provided by law.

(§ 1, Ord. 465, eff. April 8, 1981 as amended by § 1, Ord. No. 1283, eff. February 8, 2018)

All personal property coming into the possession of any member of the Police Department taken from persons under arrest or under suspicion or with knowledge of its having been stolen or feloniously obtained, constituting evidence or proceeds of crime, taken from intoxicated or persons with mental health disorders or other persons incapable of taking care of themselves, lost or abandoned, or found or saved on real property subject to the jurisdiction of the City shall be delivered to the property custodian for the Police Department who shall enter or cause to be entered in a record to be kept by the property custodian for that purpose a detailed description of such property, together with the name of the person or persons from whom received, the names of any claimants thereto, the time of the seizure or discovery, and the final disposition thereof, which shall be in accordance with established Police Department procedures and applicable law.

(§ 1, Ord. 465, eff. April 8, 1981 as amended by § 1, Ord. No. 1283, eff. February 8, 2018)

Except as otherwise provided in this chapter, all unclaimed property in the possession of the Police Department shall be held and stored by the Chief of Police for a period of at least three (3) months. Such unclaimed property can be stored at available locations within the City as may be necessary or convenient pursuant to Police Department procedures and as may be determined by the Chief of Police. Unclaimed property or property otherwise received by the Police Department that is refuse, solid or liquid waste, presents an immediate threat to public health or safety, or otherwise does not permit of practical, safe and reasonably efficient storage may be disposed of immediately by the City. Notwithstanding the three (3) month time period stated above, when the City obtains possession of personal property from a person for temporary safekeeping pursuant to Civil Code Section 2080.10, the property must be held by the Police Department for up to sixty (60) days unless a valid extension is requested by the owner under Civil Code Section 2080.10.

(§ 1, Ord. 465, eff. April 8, 1981 as amended by § 1, Ord. No. 1283, eff. February 8, 2018)

Notwithstanding the provisions of Section 2-13.05 of this chapter, when any unclaimed property in the possession of the Police Department is in danger of perishing or of losing the greater part of its value, or when the reasonably necessary costs incurred in the care and protection of any such property amount to two-thirds (⅔) of its value, the Police Department may sell such property at public auction in the manner and upon the notice of sale of personal property under execution, if it is an item which is commonly the subject of sale, when the owner cannot, with reasonable diligence, be found.

(§ 1, Ord. 465, eff. April 8, 1981 as amended by § 1, Ord. No. 1283, eff. February 8, 2018)

Where lost personal property is found or saved by a person, other than in the course of employment as an employee of any public agency, and is turned over to the Police Department in accordance with the provisions of Civil Code Section 2080.1, or otherwise, and no owner appears and proves his ownership of such property within ninety (90) days thereafter, the Police Department, if such property is of a value of $250.00 or more, shall cause to be published at least once in a newspaper of general circulation notice of the found or saved property. If, after seven (7) days following the first publication of the notice, no owner appears and proves 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, except when such finder is an employee of any public agency who found such property in the course of employment. The Police Department may require the finder to deposit with the Police Department an amount sufficient to cover the costs of publication before so proceeding. Where such property is of a value of less than $250.00, it may be returned to the finder, except when such finder is an employee of any public agency who found such property in the course of employment, without publication of notice, after the expiration of the minimum applicable holding period specified in this chapter, if no owner appears and proves his ownership of the property. The provisions of this section shall not apply where the finder is a person prohibited by law from possessing such property.

(§ 1, Ord. 465, eff. April 8, 1981 as amended by § 1, Ord. No. 1283, eff. February 8, 2018)

The Chief of Police shall restore personal property in the possession of the Police Department to its legal owner upon proof of such ownership satisfactory to the Chief of Police. Where any such property may be needed or required as evidence in any criminal proceeding, the Chief of Police shall delay the restoration of such property to its legal owner until the conclusion of such proceedings, or as otherwise required by law. If such property is introduced as evidence in a criminal case, such property shall be disposed of only upon an order of the proper court. If the legal owner is a person prohibited by law from the possession of such property, restitution shall not be made.

(§ 1, Ord. 465, eff. April 8, 1981 as amended by § 1, Ord. No. 1283, eff. February 8, 2018)

All unclaimed property which has been in the possession of the Police Department and not otherwise disposed of, or required to be held and which is no longer needed as evidence, shall be disposed of by the Chief of Police in one of the following ways:

(a) It shall be destroyed if so directed by Federal, State, or local laws and may be destroyed if authorized by such laws.

(b) All guns or firearms which are not required or authorized to be destroyed by Federal or State laws shall be destroyed in the manner specified in the Dangerous Weapons Control Law of the State, unless such property is transferred to the Police Department as provided for in this chapter.

(c) If the use of any such property is requested by any department of the City, and the property so requested is not subject to destruction under applicable Federal, State, or local laws, after a Council resolution such property shall be transferred to the Purchasing Agent, upon being issued a signed receipt therefor, for distribution to the department making the request and need not be sold. Such property transferred to the Purchasing Agent, shall not be redeemable by the owner or other person entitled to possession.

(d) Any unclaimed property with a value of not more than $500.00 may be turned over to the Probation Department, to the Welfare Department, 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 designed to prevent juvenile delinquency as provided for in Section 217 of the Welfare and Institutions Code.

(e) Property which is not disposed of as provided in subsections (a), (b), (c), and (d) of this section shall be sold at public auction to the highest bidder, the time of such public auction to be fixed by the Chief of Police or his or her designee, including any entity contracted to provide auction services.

(1) The Chief of Police or his or her designee, including any entity contracted to provide auction services shall give notice of the auction sale, at least five (5) days before the time fixed therefor, by publication once in a newspaper of general circulation published in the County. The notice shall state the day and hour when such sale shall commence, the place at which it is to be held, and contain a general description of the property to be sold or refer to a list that is on file with the City Clerk. Such notice shall be signed by the Chief of Police or his or her designee, including any entity contracted to provide auction services.

(2) Employees of the City and their immediate families shall be prohibited from participating in such public auctions.

(3) The expenses of such sales shall be a proper charge against the funds of the City, and all proceeds received from such sales, together with all monies unclaimed for a period of six (6) months, shall be delivered to the City Treasurer for deposit in the General Fund.

(f) Any property advertised and offered for sale but not sold and not suitable for appropriation to the use of the City shall be deemed to be of no value and shall be destroyed or otherwise disposed of in such manner as the City Manager or his authorized representative may direct.

(§ 1, Ord. 465, eff. April 8, 1981 as amended by § 1, Ord. 735, eff. August 23, 1990 and § 1, Ord. No. 1283, eff. February 8, 2018)