Yuba County Municipal Code Art. 4 Unclaimed Property

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State Law reference— County unclaimed property ordinances, Civil Code § 2080.6.

(a) All unclaimed property shall be held for at least one week in the County agency, department or office first having or taking possession of such unclaimed property. Thereafter such unclaimed property may:

(1) Be held in such County agency, office or department, or

(2) Be transferred to the Sheriff's Department for safekeeping in accordance with this Article.

(b) If such unclaimed property continues to be held in the County agency, office or department first having or taking possession of such property, a report shall be filed with the Sheriff's Department setting forth a description of such property and the County agency, department or office where such property will be held. There shall be maintained in the Sheriff's Department a master list which contains a description of all unclaimed property held by any County agency, department or office.

(Prior Code, § 2.50.130; Ord. No. 807; Ord. No. 1259)

All unclaimed property shall be held for a period of four months from the date such property comes into possession of a County agency, department or office.

(Prior Code, § 2.50.140; Ord. No. 807; Ord. No. 1259)

During the holding period, the responsible County agency, department, or office shall take such steps as may be reasonably required to care for and safeguard such property against loss or damage.

(Prior Code, § 2.50.150; Ord. No. 807; Ord. No. 1259)

If, during the holding period, any person claims that he or she is the owner of or is otherwise entitled to any unclaimed property, the County agency, department or office having possession of such property shall, upon receipt or proof of such ownership or entitlement, release such unclaimed property to the person entitled thereto; provided, however, that such County agency, department or office may levy a reasonable charge for taking, protecting or storing the property.

(Prior Code, § 2.50.160; Ord. No. 807; Ord. No. 1259)

(a) If no person claims such unclaimed property during the holding period, the County agency, department or office, other than the Sheriff's Department, having possession thereof shall transfer such unclaimed property to the County Purchasing Agent.

(b) From and after the transfer of any unclaimed property to the County Purchasing Agent pursuant to this Section, such property shall not be redeemable by the owner or other person entitled to possession thereof.

(c) With respect to unclaimed property remaining in the possession of the Sheriff's Department after the hold period, the property may be sold at public auction to the highest bidder, with notice of such sale being given by the Sheriff at least five days before the time fixed for the sale by publication once in a newspaper of general circulation published in the County. The Purchasing Agent is authorized to enter into contracts for the purpose of conducting the public auction permitted by this Subsection.

(d) For purposes of Subsection (c) of this Section, "unclaimed property" includes lost and found property, personal property held for safekeeping, property which has been forfeited pursuant to court order, allegedly stolen or embezzled property which has not been claimed by its true owner, and property which has been seized pursuant to a search warrant.

(Prior Code, § 2.50.170; Ord. No. 807; Ord. No. 1259; Ord. No. 1286)

If the County Purchasing Agent determines that any unclaimed property transferred to him or her in accordance with Section 2.50.060 or Section 2.50.170 is needed for a public use, such property may be retained and applied to such public use.

(Prior Code, § 2.50.180; Ord. No. 807; Ord. No. 1259)

Any unclaimed property which is transferred to the County Purchasing Agent in accordance with Section 2.50.060 or Section 2.50.170 and which is not applied to a public use in accordance with Section 2.50.220 shall be disposed of in the manner provided by Government Code Title 3, Div. 2, Pt. 2, Ch. 5, Art. 7 (Government Code § 25500 et seq.) and Section 2.50.060 of this Chapter.

(Prior Code, § 2.50.190; Ord. No. 807; Ord. No. 1259)

The County Purchasing Agent shall keep and maintain an accurate record of the disposition of all unclaimed property disposed of in accordance with this Article.

(Prior Code, § 2.50.200; Ord. No. 807; Ord. No. 1259)

This Article is enacted pursuant to the provisions of Civil Code Div. 3, Pt. 4, Title 6, Ch. 4, Art. 1 (Civil Code § 2080 et seq.).

(Prior Code, § 2.50.210; Ord. No. 807; Ord. No. 1259)

Pursuant to Welfare and Institutions Code § 217, in lieu of the provisions contained in Civil Code § 2080.5 and Sections 2.50.060 and 2.50.170 of this Chapter, an alternative procedure is established with respect to the disposal of unclaimed toys or bicycles, provided such property has a value of not more than $500.00. The Purchasing Agent is authorized with respect to toys or bicycles which have been unclaimed for at least 90 days, to transfer and deliver any such toys or bicycles to the Probation Officer of the County, to the welfare 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 or activity designed to prevent juvenile delinquency.

(Prior Code, § 2.50.220; Ord. No. 1020; Ord. No. 1259)

If any section, subsection, sentence, clause, phrase, provision or portion of this Chapter, or the application thereof to any person or circumstances, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions or provisions of this Chapter or their applicability to distinguishable situations or circumstances. In enacting this Chapter, it is the desire of the Board of Supervisors to validly regulate to the full measure of its legal authority in the public interest, and to that end, the Board of Supervisors declares that it would have adopted this Chapter and each section, subsection, sentence, clause, phrase, provision, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions thereof might be declared invalid or unconstitutional in whole or in part, as applied to any particular situation or circumstances, and to this end the provisions of this Chapter are intended to be severable.

State Law reference— Similar provisions, Government Code § 23.