CHAPTER 4.
UNCLAIMED AND STOLEN PROPERTY*
* Editor’s Note: Ordinance 393A, previously codified herein, has been superseded in its entirety by Ordinance 89-003.
Sections:
3-4.01 Unclaimed Property: General
3-4.02 Disposition of Unclaimed Stolen or Embezzled Property
3-4.06 Disposition of Unclaimed Property by Public Auction
3-4.07 Disposition of Unclaimed Automobiles
3-4.01 Unclaimed Property: General.
All property found in the City whose ownership is unknown or that is unclaimed shall be delivered to, and held and disposed by, the City Manager or his or her designee, in the manner provided for in this chapter.
(Sec. 3, Ord. 89-003, eff. Mar. 21, 1989)
3-4.02 Disposition of Unclaimed Stolen or Embezzled Property.
All property described in California Penal Code Section 1411 and in the custody of the Chief of Police shall be disposed of in the manner provided for in this chapter.
(Sec. 3, Ord. 89-003, eff. Mar. 21, 1989)
3-4.03 Retention Period.
The City Manager shall hold all unclaimed property for a period of at least three (3) months.
(Sec. 3, Ord. 89-003, eff. Mar. 21, 1989)
3-4.04 Restoration to Owner.
(a) If the City Manager knows the ownership of the property, he shall inform the owner of the City’s possession of the property and shall, within a reasonable time, make restitution to the owner upon proof of ownership satisfactory to the City Manager and upon payment of costs herein provided.
(b) If the owner appears within ninety (90) days after the City Manager’s receipt of the property, proves ownership, and pays all reasonable charges as herein provided, the City Manager shall restore the property to the owner.
(Sec. 3, Ord. 89-003, eff. Mar. 21, 1989)
3-4.05 Reasonable Charges.
The City Manager shall establish a schedule of storage and other reasonable costs for property held by the City. The storage costs shall be based upon the amount of space and care required to preserve said property, but small articles held for short periods may be restored to their owners without charge. The City Manager shall keep a record of the actual cost to locate the owner of such property, if any, including advertising costs, which may be considered a reasonable cost. The owner shall pay such reasonable charges for restitution of the property.
(Sec. 3, Ord. 89-003, eff. Mar. 21, 1989)
3-4.06 Disposition of Unclaimed Property by Public Auction.
(a) Public Auction. If, after three (3) months from receipt of the property, such property remains unclaimed, or the charges thereon remain unpaid to the City, the City Manager (or Chief of Police) shall sell the unclaimed property at a public auction to the highest bidder for cash in lawful money of the United States.
(b) Publication of Notice. The City Manager (or Chief of Police) shall give notice of the time and place of the public auction, by publication once in a newspaper of general circulation published in the County of Alameda, at least five (5) days prior to the sale.
(c) Unsold Property. Any property remaining unsold after being offered for sale at such public auction may be destroyed or otherwise disposed of by the City Manager (or Chief of Police).
(d) Public Use. If the City Manager determines that any such property is needed for public use, such property may be retained by the City and not sold at a public auction.
(Sec. 3, Ord. 89-003, eff. Mar. 21, 1989)
3-4.07 Disposition of Unclaimed Automobiles.
Any unclaimed automobiles shall be disposed of in accordance with the provisions of California Vehicle Code Sections 22851.2 et seq.
(Sec. 3, Ord. 89-003, eff. Mar. 21, 1989)
3-4.08 Proceeds of Sale.
All proceeds from the sale shall be deposited in the general fund of the City.
(Sec. 3, Ord. 89-003, eff. Mar. 21, 1989)