Chapter 2.24
LOST AND UNCLAIMED PROPERTY*
* For statutory provisions authorizing a city to provide by ordinance for the sale, destruction, care, etc., of unclaimed property by police department, see Civil Code §§ 2080 – 2080.5.
Sections:
2.24.020 Safe-keeping and disposal.
2.24.030 Rights of owner – Proof required.
2.24.050 Money to be deposited in general fund.
2.24.060 Property to be sold, used by city or otherwise disposed of.
2.24.080 Proceeds to be deposited in general fund.
2.24.090 Unsalable and unusable property.
2.24.100 Dangerous or perishable property.
2.24.110 Property held as evidence.
2.24.120 Custody and sales of bicycles and toys – Shortening time.
2.24.010 CUSTODY.
Any unclaimed property or money coming into the possession of the police department shall be held for the account of the owner thereof for at least ninety days after the receipt of the same, unless the owner thereof shall sooner claim the same. A receipt shall be issued to the person delivering such property or such money.
(Ord. 93-26 § 1 (part), 1993: prior code § 3608).
2.24.020 SAFE-KEEPING AND DISPOSAL.
The property shall be stored in a safe place, and such money shall be deposited with the city treasurer during the ninety-day period, unless sooner claimed by the true owner, and shall then be deemed to be unclaimed property or unclaimed money and be subject to disposal as provided in this chapter.
(Ord. 93-26 § 1 (part), 1993: prior code § 3609).
2.24.030 RIGHTS OF OWNER – PROOF REQUIRED.
During such ninety-day period, such property may be delivered or such money paid to the true owner upon proof of ownership satisfactory to the chief of police or his/her designee. If ownership cannot be determined to the satisfaction of the chief of police or his/her designee, he or she may refuse to deliver such property or money to anyone until ordered to do so by a court of competent jurisdiction. No property or money shall be returned to the owner until payment of all charges therefor, as in this chapter provided.
(Ord. 93-26 § 1 (part), 1993: prior code § 3610).
2.24.040 RIGHTS OF FINDER.
(a) Any person who turns over to the police department any lost or unclaimed property or money may assert a written claim as a finder to such property or money, in the event the true owner of said property or money has not been found or located within the time period prescribed in this chapter. If such finder fails to assert a written claim to the property or money as a finder at the time he delivers such property or money to the police department, he shall be deemed to have waived his rights as a finder.
(b) In the event the true owner of such unclaimed property shall not claim the same within a period of ninety days from the receipt thereof, the chief of police or his/her designee may deliver such property or money to the finder, if he has indicated in writing that he wishes to assert a claim to the property or money as the finder, and if he appears at the police station and demands the return of the property or money within ten days after the expiration of the ninety-day period hereinabove mentioned. Charges may be imposed as provided in this chapter.
(Ord. 93-26 § 1 (part), 1993: prior code § 3611).
2.24.050 MONEY TO BE DEPOSITED IN GENERAL FUND.
All money so received by the police chief or his/her designee and not delivered to the true owner during the ninety-day period, or to the finder in accordance with the foregoing provisions, shall within thirty days after the expiration of the ninety-day period be deposited in the general fund.
(Ord. 93-26 § 1 (part), 1993: prior code § 3612).
2.24.060 PROPERTY TO BE SOLD, USED BY CITY OR OTHERWISE DISPOSED OF.
(a) All property so received by the police chief or his/her designee and not delivered to the true owner during the ninety-day period, or to the finder as hereinabove provided, shall be disposed of by public auction, or appropriated to the use of the city of Santa Cruz, whichever the city manager determines to be in the best interests of the city.
(b) Notwithstanding subsection (a), in the event said property is deemed to be of no value by the city manager, it shall be disposed of in the manner he or she determines to be in the best interests of the city.
(c) In the event an auction is held, there shall be published in a newspaper of general circulation, published in the city, at least five days prior to such sale, a notice announcing the date, time and place of the sale.
(Ord. 93-26 § 1 (part), 1993: prior code § 3613).
2.24.070 CHARGES.
Prior to returning any property or money to the true owner, or in the event the true owner cannot be found, to the finder, the chief of police or his/her designee shall require the payment of the necessary costs and disbursements incurred in storing and keeping said property or money.
(Ord. 93-26 § 1 (part), 1993: prior code § 3614).
2.24.080 PROCEEDS TO BE DEPOSITED IN GENERAL FUND.
After any auction authorized by this chapter is completed, the police chief or his/her designee shall deliver the proceeds of the auction to the city treasurer for deposit in the general fund.
(Ord. 93-26 § 1 (part), 1993: prior code § 3615).
2.24.090 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. 93-26 § 1 (part), 1993: prior code § 3616).
2.24.100 DANGEROUS OR PERISHABLE PROPERTY.
Any property coming into the possession of the police chief or his/her designee which is determined by the police chief or his/her designee to be dangerous, unlawful to possess, perishable, or hazardous to the public health may be disposed of immediately without notice, in such manner as he or she determines to be in the public interest.
(Ord. 93-26 § 1 (part), 1993: prior code § 3617).
2.24.110 PROPERTY HELD AS EVIDENCE.
The provisions herein pertaining to lost or unclaimed property shall not apply to property held by the police chief or his/her designee as evidence.
(Ord. 93-26 § 1 (part), 1993: prior code § 3618).
2.24.120 CUSTODY AND SALES OF BICYCLES AND TOYS – SHORTENING TIME.
Notwithstanding the provisions of Section 2.24.060, if any unclaimed bicycle as defined in Section 10.68.010 of this code is not claimed by the owner before the expiration of ninety days after the receipt of the same by the police department, then as an alternative to said provisions, after sixty days, said bicycles or toys may be turned over to any charitable or nonprofit organization authorized under its articles of incorporation to participate in a program or activity designed to prevent juvenile delinquency and which is exempt from income taxation under federal or state law, or both, for use in any program or activity designed to prevent juvenile delinquency. Any such release of bicycles or toys to any such charitable or nonprofit organization shall receive the city manager’s prior written authorization.
(Ord. 93-26 § 1 (part), 1993: Ord. 77-2 § 1, 1977).