Chapter 1.20
UNCLAIMED PROPERTY
Sections:
1.20.010 Police Chief to Receive Property and Found Money.
1.20.020 Holding and Disposal of Unclaimed Property.
1.20.030 True Owner May Claim Property or Money.
1.20.040 Finder May Reclaim Property or Money.
1.20.050 Unclaimed Money to be Deposited in General Fund.
1.20.060 Unclaimed Property to be Used by City or Sold at Auction.
1.20.080 Proceeds to be Deposited in General Fund.
1.20.090 Unsalable and Unusable Property.
1.20.100 Dangerous or Perishable Property.
1.20.110 Provisions Not Applicable.
1.20.010 Police Chief to Receive Property and Found Money.
The Chief of Police shall make provisions for receiving and safekeeping found property and found money delivered to him or coming into his possession. A receipt shall be issued to the person delivering such property or such money. (Ord. 1599 § 1 (part), 1975: Ord. 1143 § 2, 1964)
1.20.020 Holding and Disposal of Unclaimed Property.
Such property shall be stored in a safe place for a period of at least three months, and such money shall be deposited with the Director of Finance for a period of not less than three months, unless sooner claimed by the true owner, and shall be deemed to be unclaimed property or unclaimed money, subject to disposal as provided in this chapter. (Ord. 1599 § 1 (part), 1975: Ord. 1143 § 3, 1964)
1.20.030 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 Chief of Police after ten (10) days’ notice by mail to any others who have asserted a claim of ownership, at any address given by such persons. Such money shall be paid to the true owner upon written order to the Director of Finance from the Chief of Police. The Chief of Police shall make such order upon the same proof of ownership and with the same notice as prescribed in the case of property. If ownership cannot be determined to the satisfaction of the Chief of Police, he or she may refuse to deliver such property or order the payment of such money to anyone until ordered to do so by a court of competent jurisdiction. (Ord. 1599 § 1 (part), 1975: Ord. 1143 § 4, 1964)
1.20.040 Finder May Reclaim Property or Money.
A. If the reported value of the property or money is two hundred fifty dollars ($250.00) or more, and the true owner does not appear and prove his ownership of the property within ninety (90) days, the Chief of Police shall cause notice of the property to be published once in a newspaper of general circulation. If, after seven days following the first publication of notice, no owner appears and proves his ownership of the property, and the person who found or saved the property pays for the cost of publication of the notice, the title shall vest in the person who found or saved the property, unless the property was found in the course of employment by an employee of the City, wherein the property shall be sold at auction as provided in Section 1.20.060 below.
B. In the event the reported value of the property is less than two hundred fifty dollars ($250.00) and no owner appears to prove his ownership of the property within ninety (90) days, the title shall vest in the person who found or saved the property, unless the property was found in the course of employment by an employee of the City, in which case the property shall be sold at public auction as provided in Section 1.20.060 below. (Ord. 95-29 § 2, 1995: Ord. 1599 § 1 (part), 1975: Ord. 1143 § 5, 1964)
1.20.050 Unclaimed Money to be Deposited in General Fund.
All money so received by the Chief of Police and not delivered to the true owner or the finder during a three-month period shall thereafter be deposited in the general fund. (Ord. 1599 § 1 (part), 1975: Ord. 1143 § 6, 1964)
1.20.060 Unclaimed Property to be Used by City or Sold at Auction.
Upon expiration of the three-month period, any property so received and not delivered to the true owner or finder may be appropriated to the use of the City of Newport Beach upon order of the City Manager on his finding that the property is needed for a public use, and any 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 City Clerk at the direction of the Chief of Police at least five days before the time fixed therefor by publication at least once in a newspaper of general circulation. (Ord. 1599 § 1 (part), 1975: Ord. 1143 § 7, 1964)
1.20.070 Conduct of Auction.
An auction for the sale of unclaimed property shall be conducted by the City Manager or his appointed representative. (Ord. 1599 § 1 (part), 1975: Ord. 1143 § 8, 1964)
1.20.080 Proceeds to be Deposited in General Fund.
After such auction is completed, the proceeds of the auction shall be delivered to the Director of Finance for deposit in the general fund. (Ord. 1599 § 1 (part), 1975: Ord. 1143 § 9, 1964)
1.20.090 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. 1599 § 1 (part), 1975: Ord. 1143 § 10, 1964)
1.20.100 Dangerous or Perishable Property.
Any property coming into the possession of the Chief of Police which he or she determines to be dangerous or perishable may be disposed of immediately, without notice, in such manner as he or she determines to be in the public interest. (Ord. 1599 § 1 (part), 1975: Ord. 1143 § 11, 1964)
1.20.110 Provisions Not Applicable.
The provisions of Sections 1.20.040 through 1.20.100 shall not be deemed to apply to property or money subject to confiscation under the laws of the State of California or of the United States of America, and shall apply to property or money held as evidence only where the same is unclaimed by any person and no other provisions of law are applicable concerning its disposition. (Ord. 1599 § 1 (part), 1975: Ord. 1143 § 12, 1964)