Chapter 3.35
SALE OF UNCLAIMED PERSONAL PROPERTY
Sections:
3.35.020 Restoration to owner.
3.35.030 Vesting of title in finder.
3.35.050 Disposition of proceeds.
3.35.060 Disposition of weapons.
3.35.080 Additional directives.
3.35.010 Storage.
All unclaimed personal property acquired in accordance with State and local directives and/or statutes, except property subject to confiscation with mandated disposition under the laws of the State or of the United States, shall be stored in a secured area by the Chief of Police, and held for a minimum of three months. [Ord. 174 § 3400, 1983.]
3.35.020 Restoration to owner.
The Chief of Police shall restore unclaimed personal property, except property subject to confiscation with mandated disposition by law, to its legal owner upon proof of such ownership satisfactory to him, and upon payment of $0.50 per day or a maximum of $10.00 for reasonably necessary costs incurred in the processing, care and protection of such property. [Ord. 174 § 3401, 1983.]
3.35.030 Vesting of title in finder.
(1) If the reported value of the personal property is $50.00 or more and no owner appears and proves his ownership of the property within 90 days, the Chief of Police shall cause notice of the property to be published at least once in a newspaper of general circulation. If after seven days following the first publication of the notice, no owner appears and proves his ownership of the property and the person who found or saved the property pays the cost of the publication, 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 any public agency, in which case the property shall be sold at public auction.
(2) If the reported value of the property is less than $50.00 and no owner appears and proves his ownership of the property within 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 any public agency, in which case the property shall be sold at public auction. [Ord. 174 § 3402, 1983.]
3.35.040 Public auction.
After holding unclaimed property that RDMC 3.35.020 and 3.35.030 do not pertain to for a period of three months, thereafter such property shall be sold at a public auction to the highest bidder, after notice of such sale be given by the Chief of Police at least five days before the time fixed therefor by publication once in a newspaper of general circulation published in the county in which such property was found.
Prior to the establishment of public auction, a listing of items to be auctioned shall be distributed to all departments of the City of Rio Dell. If it is determined by that department and approved by the City Manager that the property is needed for a public use, property may be retained by the agency and need not be sold.
Any property remaining unsold after being offered at such public auction may be destroyed or otherwise disposed of by the City of Rio Dell. [Ord. 174 § 3403, 1983.]
3.35.050 Disposition of proceeds.
All proceeds received from the sale of unclaimed personal property during the auction shall be delivered to the City Finance Officer for deposit in the general fund. [Ord. 174 § 3404, 1983.]
3.35.060 Disposition of weapons.
All weapons which fall into the category described in California Penal Code Section 12028 (a) through (f) shall be processed as mandated by law. Those weapons that are found to have value with respect to sporting, recreational, or collection purposes, after the provisions of Penal Code Section 12028(f) are met, shall be advertised for sale in a newspaper of general circulation, for sale at a public auction to persons licensed under Federal law to engage in businesses involving any weapon purchased. The sale shall be conducted between the first and tenth days of July in each year.
Those weapons described above that may be determined by the Chief of Police that may be useful in carrying out the official duties of the Police Department may be retained in accordance with the provisions of California Penal Code Section 12030. [Ord. 174 § 3405, 1983.]
3.35.070 Expenses of sale.
The expenses connected with the sale of unclaimed personal property and/or weapons in the possession of the Police Department shall be a proper charge against the proceeds received from the sale thereof. [Ord. 174 § 3406, 1983.]
3.35.080 Additional directives.
For those areas not specifically addressed in this chapter pertaining to personal property, reference shall be made but not limited to the California Civil Code Sections 2080 through 2080.7, Government Code Sections 25504 through 25508 and California Penal Code Sections 1407 through 1422, 12028, 12030 and 537(e). Directives mandated by law shall be complied with in the disposition of personal property. [Ord. 174 § 3407, 1983.]