CHAPTER 2.40
SALE OR DISPOSITION OF UNCLAIMED PROPERTY
Section
2.40.010 Unclaimed property defined
2.40.030 Restoration to legal owner
2.40.040 Found or saved property
2.40.050 Sale of devaluating property
2.40.070 Notice of sale of property
2.40.080 Sale to highest bidder
2.40.090 Disposition of proceeds from sale
2.40.100 [Reserved]
2.40.110 Expenses absorbed by Police Department
2.40.010 UNCLAIMED PROPERTY DEFINED.
For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.
UNCLAIMED PROPERTY. Personal property of others taken into the possession of the Police Department, left in its possession or turned over to it by persons who found or received the same, except:
A. Property subject to confiscation under the laws of this state or the United States; and
B. Vehicles, the storage, sale or disposition of which is governed by the provisions of the Cal. Vehicle Code.
(Ord. 402, § 1, passed -- 1972)
2.40.020 HOLDING PERIODS.
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. 875, § 16, passed 8-25-2008)
2.40.030 RESTORATION TO LEGAL OWNER.
The Chief of Police shall restore unclaimed property in the possession of the Police Department to its legal owner upon proof of the ownership satisfactory to him or her and upon the payment of all reasonably necessary costs incurred in the care and protection thereof and cost of publication, if any. Where any such property may be needed or required as evidence in any criminal proceeding, the Chief of Police shall delay the restoration of the property to its legal owner until the conclusion of the proceedings. If the property is introduced as evidence in a criminal case, it shall be disposed of only upon order of the proper court. If the legal owner is a person prohibited by law from possessing the property, restitution shall not be made.
(Ord. 402, § 3, passed -- 1972)
2.40.040 FOUND OR SAVED PROPERTY.
Where lost money or other lost personal property is found or saved by a person other than in the course of employment as an employee of any public agency and is turned over to the Police Department in accordance with the provisions of the Civil Code of the State of California, or otherwise, and no owner appears and proves his or her ownership of the property within sixty (60) days thereafter, the Police Department shall, if the property is of a value of $10 or more, cause to be published at least once in a newspaper of general circulation notice of the found or saved property. If, after seven (7) days following the first publication of the notice, no owner appears and proves his or her 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 so proceeding. Where the property is of a value of less than $10, it may be returned to the finder without publication of notice after expiration of the minimum applicable holding period specified in § 2.40.020, if no owner appears and proves his or her ownership of the property. The provisions of this section shall not apply where the finder is a person prohibited by law from possessing the property.
(Ord. 875, § 17, passed 8-25-2008)
2.40.050 SALE OF DEVALUATING PROPERTY.
Notwithstanding the foregoing provisions, 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 2/3 of its value, the Police Department may sell the 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.
(Ord. 402, § 5, passed -- 1972)
2.40.060 PUBLIC AUCTION.
All unclaimed property received by the Police Department shall be offered for sale at public auction to the highest bidder, or offered for sale to the public at a reasonable price set by the Chief of Police or his or her designee, or donated to a non-profit organization except as follows:
A. Unclaimed property having no monetary value shall be destroyed unless some other disposition can be made of the property which would be in the public interest;
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 some other disposition can be made of the property which would be in the public interest;
C. Unclaimed property determined by the Police Department to be needed for the use of the City or other public use shall be retained and need not be sold.
(Ord. 875, § 18, passed 8-25-2008)
2.40.070 NOTICE OF SALE OF PROPERTY.
Before offering any unclaimed property for sale, the Police Department shall publish, at least once in a newspaper of general circulation published in the county, a notice of its intention to sell the unclaimed property at public auction to the highest bidder or offer such property for sale to the public at a reasonable price set by the Chief of Police or his or her designee, or donate such property to a non-profit organization at the time and place therein specified.
(Ord. 875, § 19, passed 8-25-2008)
2.40.080 SALE TO HIGHEST BIDDER.
All sales of unclaimed property by the Police Department shall be held not less than five (5) days after publication of the notice of intention to sell in a newspaper of general circulation published in the county. Items shall be sold at public auction to the highest bidder or offered for sale to the public at a reasonable price set by the Chief of Police or his or her designee, or donated to a non-profit organization. Where the particular item offered for sale is one which certain persons are prohibited by law from possessing, using or consuming, the persons shall not be permitted to participate in the bidding on the items.
(Ord. 875, § 20, passed 8-25-2008)
2.40.090 DISPOSITION OF PROCEEDS FROM SALE.
Proceeds received from the sale of unclaimed property by the Police Department shall be delivered to the City Treasurer for deposit in the general fund.
(Ord. 402, § 9, passed -- 1972)
2.40.100 [RESERVED].
2.40.110 EXPENSES ABSORBED BY POLICE DEPARTMENT.
The expenses connected with a sale of unclaimed property by the Police Department shall be a proper charge against the funds of the Police Department.
(Ord. 402, § 11, passed -- 1972)