Willits Municipal Code Ch. 3.12 Unclaimed Property

"Unclaimed property" means the personal property of others taken in to the possession of the city police department, left in its possession, or turned over to it by person who found or received the same, excluding:

A. Property subject to confiscations under the laws of this state or of the United States;

B. Vehicles, the storage, sale or disposition of which is the subject of an agreement between the city and the county of Mendocino and which is governed by the provisions of Chapter 15.28 of the Mendocino County Code.

(Ord. 92-4 § 2).

Except as otherwise provided by the laws of the United States of America or of the state or the provisions of this chapter, all unclaimed personal property in the possession of the police department shall be stored in a safe place by the chief of police for at least six months; provided, however, that the chief of police shall restore such property to its legal owner immediately upon proof of such ownership satisfactorily to him and upon the payment of all reasonably necessary costs in the care and protection thereof, unless such property is held by the police as evidence in a pending case, in which case it shall be disposed of only upon order of the proper court or officer.

(Ord. 52-2 § 1).

At any time after the expiration of said six-month period, the chief of police shall, upon order of the city council, publish once in a newspaper of general circulation in the city a notice of his intention to sell at public auction to the highest bidder at the time and place therein specified, all such unclaimed personal property.

(Ord. 52-2 § 2).

The sale shall be held not less than five days after the publication of said notice, and each item shall be separately sold at public auction to the highest bidder.

(Ord. 52-2 § 3).

The expense connected with such sale shall be a proper charge against the funds of the police department and all proceeds received from said sale shall be delivered to the city treasurer for deposit in the general fund.

(Ord. 52-2 § 4).

The chief of police shall report any items remaining unsold after said public auction to the city council which shall instruct said chief what disposition shall be made thereof in the public interest.

(Ord. 52-2 § 5).

The provisions of this chapter shall not apply to property subject to confiscation under the laws of the state or of the United States of America.

(Ord. 52-2 § 6).

Any perishable goods, or property which shall be contrary to public policy for the police department to retain, shall be disposed of in such manner as the chief of police may in the public interest determine.

(Ord. 52-2 § 7).

If any unclaimed personal property consists of money, it shall be deposited with the city treasurer to be disposed of in the manner provided by law.

(Ord. 52-2 § 8).

Any bicycles or toys, or both, in the possession of the police department for the city which have been unclaimed for a period of at least sixty days may, instead of being sold at public auction to the highest bidder pursuant to the provisions of Section 2080.5 of the California Civil Code, be turned over to the probation officer of the county of Mendocino, or to the social services department of the county, 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 of activities designed to prevent juvenile delinquency. The chief of police for the police department shall establish procedures for periodically notifying the probation officer, department of social services, and charitable or nonprofit organizations of such bicycles and toys, and shall equitably determine, in his/her discretion, their allocation.

(Ord. 92-4 § 3).