Chapter 1.09
DISPOSITION OF FOUND, LOST, ABANDONED, UNCLAIMED AND SURPLUS PROPERTY
Sections:
1.09.010 Lost Or Abandoned Property
1.09.020 Safekeeping For Minimum Periods
1.09.050 Auction Of Unclaimed Property
1.09.060 Auction Of Surplus Property
1.09.070 Disposition Of Proceeds
1.09.010 Lost Or Abandoned Property:
A. Pursuant to Civil Code section 2080.1, as that section may be amended from time to time, any person finding property of a value greater than one hundred dollars ($100.00) shall within a reasonable time turn the property over to the Greenfield police department and shall make an affidavit stating when and where the property was found and identifying the true owner if known.
B. Under such regulations as may be prescribed from time to time by the chief of police or his/her designee, the police department shall take charge of all lost or abandoned property which is turned in to the city or which comes into possession of city staff in the course of their employment.
C. The police department shall notify the owner, if his or her identity is reasonably ascertainable, that it possesses the property and where it may be claimed. (Ord. 455 §1, 2004)
1.09.020 Safekeeping For Minimum Periods:
Property shall be kept for the purpose of restoring it to the person entitled thereto; provided, however, that if such property shall remain unclaimed for a period of at least three (3) months, then, in that event, such unclaimed property shall be disposed of in accordance with the provisions of this chapter. (Ord. 455 §1, 2004)
1.09.030 Storage Charges:
The chief of police, or his/her designee, shall establish a schedule of reasonable storage charges to be paid by the parties entitled to any property taken into the custody of the police department, and for the necessary costs and disbursements incurred in caring for such property and locating the person entitled thereto. (Ord. 455 §1, 2004)
1.09.040 Unclaimed 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 a public agency) and is turned over to the police department in accordance with the provisions of this chapter, and no owner appears and proves ownership of such property within three (3) months, the police department shall dispose of the property accordingly:
A. If the use of any property is requested by any department of the city and is not subject to destruction pursuant to applicable law, the city manager or his/her designee shall request the property, sign a receipt for the property and distribute the property to the requesting department.
B. Where the property is of a value less than two hundred fifty dollars ($250.00) and no department has requested the property, the property may be returned to the finder provided that the finder pays for the cost of storage and is not prohibited by law from possessing such property.
C. All other property shall be disposed of pursuant to section 1.09.050 of this chapter. (Ord. 455 §1, 2004)
1.09.050 Auction Of Unclaimed Property:
A. If any such property taken into custody by the police department pursuant to this chapter shall remain unclaimed for a period of not less than three (3) months, or the claimant shall refuse to pay the charges prescribed within the required period of time, or the property is not returned to the finder pursuant to section 1.09.040 of this chapter, then the property may be sold at public auction to the highest bidder.
B. The chief of police, or his/her designee, shall prescribe the method for said auction sale.
C. The chief of police or designee shall give notice of said auction sale at least five (5) days before the time fixed therefor by publication in a newspaper of general circulation in the city, printed and published in the county, of a notice of the sale at public auction of lost, abandoned and unclaimed property. The city attorney or designee shall approve the form of said notice.
D. The original owner shall not reclaim property purchased at public auction.
E. The chief of police or designee of any property unclaimed and not sold at auction may determine the disposition of said property. (Ord. 455 §1, 2004)
1.09.060 Auction Of Surplus Property:
The city manager, or his/her designee, may prescribe procedures for the disposition of surplus personal property of the city. Said procedures may include the auction of surplus property through the same auction process prescribed in this chapter for the auction of unclaimed property. (Ord. 455 §1, 2004)
1.09.070 Disposition Of Proceeds:
The proceeds from sales of any unclaimed property, as described in this chapter, shall be delivered to the director of finance of the city and deposited in the general fund of the city after deducting necessary and reasonable expenses of sale. (Ord. 455 §1, 2004)
1.09.080 Dangerous Weapons:
All dangerous weapons that are not required or authorized to be destroyed by federal or state law shall be destroyed in the manner specified in the California dangerous weapons control law. In no event shall a dangerous weapon be made available for public auction. (Ord. 455 §1, 2004)