Chapter 2.64
UNCLAIMED PROPERTY
Sections:
2.64.010 Unclaimed property – Definition.
2.64.020 Storage and holding period of unclaimed property.
2.64.030 Restitution of unclaimed property to owner.
2.64.040 Return of lost property to finder.
2.64.060 Transfer of unclaimed property to auction company for sale.
2.64.070 Sale of unclaimed property at public auction.
2.64.080 Publication of notice of intention to sell unclaimed property.
2.64.090 Time and manner of sale of unclaimed property.
2.64.100 Disposition of proceeds from sale of unclaimed property.
2.64.110 Unclaimed property remaining after sale – Report to City Manager – Disposition.
2.64.010 Unclaimed property – Definition.
“Unclaimed property,” as used in this chapter, means personal property that does not belong to the City that is taken into the possession of the Elk Grove Police Department or left in its possession or turned over to it by a person who found or saved the same, except:
A. Property subject to confiscation by law enforcement under the laws of the City of Elk Grove, State of California, or of the United States; and
B. Vehicles, the storage, sale or other disposition of which is governed by the provisions of the State Vehicle Code. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 5-2007 §3, eff. 2-23-2007]
2.64.020 Storage and holding period of unclaimed property.
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 ninety (90) days. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 5-2007 §3, eff. 2-23-2007]
2.64.030 Restitution of unclaimed property to owner.
Subject to the provisions of EGMC Sections 2.64.040 through 2.64.060, the Chief of Police shall restore unclaimed property in the possession of the Police Department to its legal owner upon proof of such ownership and upon the payment of all reasonably necessary costs incurred in the care and protection thereof, and any cost of publication. 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 proceeding. If such property is introduced as evidence in a criminal case, it shall be disposed of only upon court order. If the legal owner is a person prohibited by law from possessing such property, restitution shall not be made. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 5-2007 §3, eff. 2-23-2007]
2.64.040 Return of lost property to finder.
A. When lost personal property is found or saved and is turned over to the Police Department in accordance with the provisions of Section 2080.1 of the Civil Code or otherwise, and no owner appears and proves ownership of such property within ninety (90) days thereafter, the Police Department shall, if such property is of a value of Two Hundred Fifty and no/100ths ($250.00) Dollars or more, cause to be published at least once (1) in a newspaper of general circulation notice of the found or saved property. If, after seven (7) days following the first (1st) publication of the notice, no owner appears and proves ownership of the property, the property shall be returned to the finder on payment of all reasonable charges, including cost of publication. The Police Department may require the finder to deposit with it an amount sufficient to cover the cost of publication before proceeding with publication.
B. Where such property is of a value of less than Two Hundred Fifty and no/100ths ($250.00) Dollars , and no owner appears and proves ownership within ninety (90) days, title shall vest in the finder without publication of notice.
C. The provisions of this section shall not apply where the property was found or saved in the course of employment by an employee of any public agency or where the finder is a person prohibited by law from possessing such property. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 5-2007 §3, eff. 2-23-2007]
2.64.050 Quick sale of unclaimed property in danger of perishing, etc. – Donation to nonprofit organization.
Notwithstanding any other provision of this chapter:
A. 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 (0.67) of its value, the Police Department may sell such property by public auction in the manner and upon the notice of sale of personal property under execution, if it is a thing which is commonly the subject of sale, when the owner cannot, with reasonable diligence, be found, or being found, refuses upon demand to pay the reasonably necessary costs incurred in the care and protection thereof.
B. Any unclaimed property with a value of not more than Five Hundred and no/100ths ($500.00) Dollars which has been unclaimed for a period of at least ninety (90) days may, instead of being sold at public auction, be donated to any charitable or nonprofit organization operating within the City, which is authorized under its articles of incorporation to participate in a program or activity designed to prevent juvenile delinquency, benefit senior citizens or victims of domestic violence, 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, benefit senior citizens or victims of domestic violence. Before any such property is donated to any such charitable or nonprofit organization, the Police Department shall obtain approval from the City Manager or his designee, and shall notify the owner, if his or her identity is known or can be reasonably ascertained, that it possesses the property, and where the property may be claimed. The owner may be notified by mail, telephone, or by means of a notice published in a newspaper of general circulation which it determines is most likely to give notice to the owner of the property. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 5-2007 §3, eff. 2-23-2007]
2.64.060 Transfer of unclaimed property to auction company for sale.
All unclaimed property in the possession of the Police Department that is not disposed of in accordance with other provisions of this chapter shall be transferred after expiration of at least the minimum applicable holding period to an auction company. Once auction of the property has commenced it cannot be redeemed by anyone. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 5-2007 §3, eff. 2-23-2007]
2.64.070 Sale of unclaimed property at public auction.
All unclaimed property offered for sale at public auction shall be sold to the highest bidder except as follows:
A. Unclaimed property having no monetary value shall be destroyed unless it can be disposed of in the public interest or utilized pursuant to subsection (C) of this section;
B. Unclaimed property of a type or kind for which a permit or license to sell the same is required by State or Federal law shall be destroyed unless it can be disposed of in the public interest or utilized pursuant to subsection (C) of this section; and
C. Unclaimed property determined by the Purchasing Division to be needed for use by the City or other public use shall be retained. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 5-2007 §3, eff. 2-23-2007]
2.64.080 Publication of notice of intention to sell unclaimed property.
Before offering any unclaimed property for sale, auction companies or the Police Department shall publish at least once (1) in a newspaper of general circulation a notice of its intention to sell such unclaimed property at public auction to the highest bidder at a specific time and place. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 5-2007 §3, eff. 2-23-2007]
2.64.090 Time and manner of sale of unclaimed property.
All sales of unclaimed property by auction companies or the Police Department shall be held not less than five (5) business days after publication of the notice of intention to sell in a newspaper of general circulation. Items shall be sold at public auction to the highest bidder. Where the particular item offered for sale is one which certain persons are prohibited by law from possessing, using, or consuming, such persons shall not be permitted to participate in the bidding on such items. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 5-2007 §3, eff. 2-23-2007]
2.64.100 Disposition of proceeds from sale of unclaimed property.
Proceeds received from the sale of unclaimed property shall be delivered to the Finance Director for deposit in the appropriate fund, as determined by the Finance Department. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 5-2007 §3, eff. 2-23-2007]
2.64.110 Unclaimed property remaining after sale – Report to City Manager – Disposition.
The Purchasing Manager shall report to the City Manager any unclaimed property remaining unsold after a public auction. The City Manager shall instruct the Finance Director regarding the disposition of such property as he or she sees fit in the public interest. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 5-2007 §3, eff. 2-23-2007]