Chapter 3.15
DISPOSAL OF UNCLAIMED PROPERTY
Sections:
3.15.010 Authority and purpose.
3.15.020 Police chief to care for found or saved property and money.
3.15.030 Holding and disposal of unclaimed property.
3.15.040 True owner may claim property or money.
3.15.050 Unclaimed money to be deposited in general fund.
3.15.060 Unclaimed property to be used by city or sold at auction.
3.15.070 Proceeds of auction to be deposited in general fund.
3.15.080 Unsalable and unusable property.
3.15.090 Dangerous or perishable property.
3.15.100 Chapter not applicable to certain property.
3.15.010 Authority and purpose.
The provisions of this chapter are enacted pursuant to Cal. Civ. Code §§ 2080 through 2080.7. (Ord. 882 § 1, 3-9-71. 1990 Code § 2-8100.)
3.15.020 Police chief to care for found or saved property and money.
The chief of police shall make provisions for receiving and safeguarding found or saved property and money delivered to him/her or coming into his/her possession during the course of his/her duties. A receipt shall be issued to the person delivering such property or such money. (Ord. 218 § 1; Ord. 822 § 1, 3-9-71; amended during 2012 reformat. 1990 Code § 2-8101.)
3.15.030 Holding and disposal of unclaimed property.
Such money and such property shall be stored in a safe place for a period of at least three months. Thereafter, such remaining unclaimed property shall be subject to disposal as provided in this chapter. The chief of police shall designate the appropriate place or places where such property and/or money shall be stored. (Ord. 218 § 1; Ord. 822 § 1, 3-9-71; Ord. 1585 § 1, 1-24-84. 1990 Code § 2-8102.)
3.15.040 True owner may claim property or money.
During such time as any such property or money is so held, it may be restored to the true owner, upon the payment of all reasonable charges to defray costs of storage, care and administrative processing. Such property or money shall be so restored upon proof of ownership satisfactory to the chief of police after mailing of 10 days’ notice to any others who have asserted a claim of ownership, to any address given by such persons.
If true ownership is determined but the owner disputes the charges levied by the chief of police, such owner shall pay the charges under protest and seek restitution or reduction of such payment. As in the case of other claims against the city, otherwise the chief of police may proceed to dispose of the property or money as if true ownership had not been determined.
If true ownership of money or property, in favor of a claimant asserting true ownership, cannot be determined to the satisfaction of the chief of police, he/she may refuse to deliver such property or money to any such claimant, and the chief of police may proceed to dispose of the property or money unless, prior to such disposal, a court of competent jurisdiction orders the chief of police to the contrary. (Ord. 218 § 1; Ord. 822 § 1, 3-9-71; amended during 2012 reformat. 1990 Code § 2-8103.)
3.15.050 Unclaimed money to be deposited in general fund.
All money so received by the chief of police and not delivered to the true owner during a three-month period or to the finder pursuant hereto shall thereafter be deposited in the general fund of the city. (Ord. 218 § 1; Ord. 822 § 1, 3-9-71; Ord. 1585 § 1, 1-24-84. 1990 Code § 2-8104.)
3.15.060 Unclaimed property to be used by city or sold at auction.
On expiration of the initial three-month period in the case of unclaimed property, any property so received by the police department and not delivered to the true owner or finder may be appropriated to the use of the city upon order of the city manager and such property not appropriated to city use may be sold at public auction to the highest bidder. Notice of any such sale shall be given by the chief of police at least five days before the time fixed therefor by publication at least once in a newspaper of general circulation published in the county of Alameda. (Ord. 218 § 1; Ord. 822 § 1, 3-9-71; Ord. 1585 § 1, 1-24-84. 1990 Code § 2-8105.)
3.15.070 Proceeds of auction to be deposited in general fund.
After such auction is completed the chief of police shall deposit the proceeds of the auction in the general fund of the city. (Ord. 218 § 1; Ord. 822 § 1, 3-9-71. 1990 Code § 2-8106.)
3.15.080 Unsalable and unusable property.
Any property advertised and offered for sale but not sold and not suitable for appropriation to the use of the city shall be deemed to be of no value and shall be disposed of in such manner as the city manager directs. (Ord. 218 § 1; Ord. 822 § 1, 3-9-71. 1990 Code § 2-8107.)
3.15.090 Dangerous or perishable property.
Any property coming into the possession of the chief of police which he/she determines to be dangerous or perishable may be disposed of immediately without notice, in such manner as he/she determines to be in the public interest. (Ord. 218 § 1; Ord. 822 § 1, 3-9-71; amended during 2012 reformat. 1990 Code § 2-8108.)
3.15.100 Chapter not applicable to certain property.
The provisions of this chapter shall not be deemed to apply to property subject to confiscation under the laws of the state of California or of the United States of America, and shall apply to property held as evidence only when the same is unclaimed by any person and no other provisions of law are applicable concerning its disposition. (Ord. 218 § 1; Ord. 822 § 1, 3-9-71. 1990 Code § 2-8109.)