Chapter 3.24
UNCLAIMED PROPERTY

Sections:

3.24.010    Police chief to receive found property and money.

3.24.020    Holding and disposal of unclaimed property.

3.24.030    True owner may claim property or money.

3.24.040    Finder may reclaim property or money.

3.24.050    Unclaimed money to be deposited in general fund.

3.24.060    Unclaimed property to be used by city or sold at auction.

3.24.070    Proceeds of auction to be deposited in general fund.

3.24.080    Unsalable and unusable property.

3.24.090    Dangerous or perishable property.

3.24.100    Chapter not applicable to certain property.

3.24.110    Stolen or embezzled property.

3.24.010 Police chief to receive found property and money.

The police chief shall make provision for receiving and safekeeping found property and money delivered to him or coming into his possession. (Ord. 79-8 § 1 (part): prior code § 10950)

3.24.020 Holding and disposal of unclaimed property.

Such property shall be stored in a safe place for a period of at least three months unless sooner claimed by the true owner, and shall then be deemed to be unclaimed property or unclaimed money, subject to disposal as provided in this chapter. (Ord. 2007-06, Amended, 03/17/2007; Ord. 79-8 § 1 (part): prior code § 10951)

3.24.030 True owner may claim property or money.

During such time as any such property or money is so held, it may be delivered or paid to the true owner. Such property shall be delivered upon proof of ownership satisfactory to the police chief after ten days’ notice by mail to any others who have asserted a claim of ownership, at any address given by such persons, and after paying all reasonable charges for storing and preserving such property. If ownership cannot be determined to the satisfaction of the police chief he may refuse to deliver such property or order the payment of such money to anyone until ordered to do so by a court. (Ord. 79-8 § 1 (part): prior code § 10952)

3.24.040 Finder may reclaim property or money.

If the true owner does not appear during the time such property or money is so held, and claim the property or money, it may be delivered back to the finder, other than a city employee who found the same while performing his regular duty, if such finder has served written notice upon the city that he wishes to assert a claim to the property or money as a finder, and if he has complied with the requirements of the Civil Code governing the duties and obligations of a finder. (Ord. 79-8 § 1 (part): prior code § 10953)

3.24.050 Unclaimed money to be deposited in general fund.

All money so received by the police chief and not delivered to the true owner during a six-month period or the finder shall be thereafter deposited in the general fund. (Ord. 79-8 § 2 (part): prior code § 10954)

3.24.060 Unclaimed property to be used by city or sold at auction.

Upon expiration of the initial six-month period, any property so received 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 the city may be sold at public auction to the highest bidder for cash. Notice of any such sale shall be given by the police chief at least five days before the time fixed for the public auction at least once in a newspaper of general circulation published in the city. (Ord. 79-8 § 1 (part): prior code § 10955)

3.24.070 Proceeds of auction to be deposited in general fund.

After such auction is completed the police chief shall deliver the proceeds of the auction, less any expenses incurred, to the director or finance for deposit in the general fund. (Ord. 79-8 § 1 (part): prior code § 10956)

3.24.080 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 police chief directs. (Ord. 79-8 § 1 (part): prior code § 10957)

3.24.090 Dangerous or perishable property.

Any property coming into the possession of the police chief which he determines to be dangerous or perishable may be disposed of immediately without notice, in such manner as he determines to be in the public interest. (Ord. 79-8 § 1 (part): prior code § 10958)

3.24.100 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 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. 79-8 § 1 (part): prior code § 10959)

3.24.110 Stolen or embezzled property.

If property stolen or embezzled is not claimed by the owner before the expiration of six-months from the conviction of a person for stealing or embezzling it, or in the case of a bicycle before the expiration of three months from such conviction, the magistrate or other officer having it in custody must, on the payment of the necessary expenses incurred in its preservation, deliver it to the county treasurer or other proper county officer, by whom it must be sold and the proceeds paid into the county treasury. (Penal Code Section 1411) (Ord. 79-8 § 1 (part): prior code § 10960)