Chapter 3.28 — SALE OF PERSONAL PROPERTY

Whenever the city or any department thereof has any material, supplies, equipment or other personal property which is no longer needed for municipal purposes, the city manager may provide for the sale of the materials, supplies, equipment or other personal property by such means and in such manner as he/she determines to be most advantageous to the city. He/she shall sell the property for the best possible price and the selling price shall be credited to the general fund or to the department of the city having custody and possession of the personal property, at the discretion of the city manager. In the event any such materials, supplies, equipment or personal property has a sale value of more than one thousand five hundred dollars, then the city manager shall obtain the consent and approval of the council before consummating any sale. Upon the payment of the purchase price, the city manager is authorized and directed to execute and deliver a bill of sale to the purchaser and deliver possession thereof to the purchaser.

(Prior code § 2720)

(Ord. No. 3112, § 2, 2-25-20)

Any person who finds a thing lost is not bound to take charge of it, but if he/she does so he/she is thenceforward a depository for the owner with the rights and obligations of a depository for hire. Any person who finds and takes possession of any money, goods, things in action, or other personal property, or saves any domestic animal from drowning or starvation, shall, within a reasonable time, inform the owner, if known, and make restitution without compensation, except a reasonable charge for saving and taking care of the property.

(Prior code § 2720.1)

(Ord. No. 3112, § 2, 2-25-20)

A.

If the owner is unknown or has not claimed the property, the person saving or finding the property shall, if the property is of the value of one hundred dollars or more, within a reasonable time turn the property over to the police chief if found within the city limits, and make an affidavit, stating when and where he/she found or saved the property, particularly describing it. If the property was saved, he/she shall state:

From what and how it was saved;

Whether the owner of the property is known to him/her;

That he/she has not secreted, withheld or disposed of any part of the property.

B.

The police chief shall notify the owner, if his/her identity is reasonably ascertainable, that it possesses the property and where it may be claimed. The police chief may require payment by the owner of a reasonable charge to defray costs of storage and care of the property.

(Ord. 2869 § 10, 2006; prior code § 2720.2)

(Ord. No. 3112, § 2, 2-25-20)

A.

Any lost personal property, other than money or a negotiable instrument, coming into the possession of the police chief, shall be held by him/her for a period of not less than ninety days. At the time of receipt of the property by the chief from the finder thereof, the chief shall advise the finder that if the owner is not ascertained within the ninety-day period referred to in this section, the finder may file a written request within a period of thirty days after the expiration of the ninety day period, requesting that the title of the property be vested in him/her. During such period of time the chief shall take such steps as may be reasonably necessary to attempt to ascertain the identity of the owner thereof. If the owner of the personal property cannot be identified, or, if within the ninety-day period the owner of the property fails to appear and establish the fact of his/her ownership to the reasonable satisfaction of the police chief, the chief shall dispose of the property as follows:

If a written request by the finder is made, as described in this section, and filed with the chief and the owner fails within the ninety-day period to appear and claim the property, then for all purposes title to the property shall vest in the finder and the chief shall deliver it to the finder; and

If neither the owner nor the finder makes claim to the property within the times permitted in this chapter, then the chief shall dispose of the property at a public auction held for that purpose. The police chief shall, in the case of the public auction, cause notice to be given of the fact of the public auction in a newspaper of general circulation, adjudicated as such within the city, not less than five days in advance of the time set for the auction. If the personal property remains unsold after the public auction, the police chief shall dispose of it as may be directed by the city manager.

B.

Notwithstanding the foregoing provisions relating to public auction of unclaimed property, where the property is perishable, or if the chief of police finds that the value thereof is negligible, he/she shall dispose of it in a manner to be directed and approved by the city manager. In addition, should the city manager so direct, any property which is unclaimed by the true owner and/or finder thereof need not be submitted to public auction if the city manager determines that it is needed for any public purpose. Upon such determination by the city manager, title to the property shall vest, for all purposes, in the city.

(Ord. 2869 § 11, 2006; prior code § 2720.3)

(Ord. No. 3112, § 2, 2-25-20)

Any lost money or a negotiable instrument coming into the possession of the police chief shall be held by him/her for a period of ninety days after the receipt thereof. During such period of time the police chief shall take such steps as may be necessary to ascertain the identity of the owner thereof. If the owner of the lost money or negotiable instrument fails to appear for any reason, and establish his/her ownership thereof, within the period of ninety days, the police chief shall notify the finder of the money or negotiable instrument, who shall then have a period of thirty days from the date of such notification within which to appear and claim the money or negotiable instrument. Where the claim by the finder is timely made, title to the money and/or negotiable instrument shall vest in the finder. Where the finder of the property does not appear within such time, title to the money and/or negotiable instrument shall, for all purposes, vest in the city.

(Ord. 2869 § 12, 2006: prior code § 2720.4)

(Ord. No. 3112, § 2, 2-25-20)