Chapter 2.48
LOST AND UNCLAIMED PROPERTY
Sections:
2.48.030 Retention authorized – Tagging required.
2.48.040 Restoration to owner – Costs.
2.48.070 Disposition to public authorized.
2.48.100 Authorization to destroy.
2.48.110 City personnel prohibited.
2.48.010 Lost property.
All lost property in the possession of any city personnel, or found or saved on property subject to the jurisdiction of the city, shall be placed in the custody of the department of finance to be held and disposed of in accordance with this chapter. (Ord. 77 § 1, 1988; 1987 Code § 8.24.010)
2.48.020 Definitions.
For the purposes of this chapter, the term “department” shall mean the city department of finance. The term “director” shall mean the director of the department. (Ord. 77 § 1, 1988; 1987 Code § 8.24.020)
2.48.030 Retention authorized – Tagging required.
A. All lost and unclaimed property, except animals and perishable property, in the possession of the department shall be held by the department for a period of at least three months. Lost and unclaimed animals shall be turned over to the San Diego County department of animal control. Lost and unclaimed perishable property, not requiring special storage, need be held by the department only long enough to permit compliance with the notice and auction requirements of this chapter. Lost and unclaimed perishable property requiring special storage may be disposed of by the director in any manner the director deems appropriate where no special storage is reasonably available to the city and the property would spoil before expiration of the notice period without special storage. The director shall keep a record of the manner and circumstances of disposal of the perishable property.
B. All lost and unclaimed property in the possession of the department shall be tagged showing the date and circumstances of its acquisition by the department. (Ord. 77 § 1, 1988; 1987 Code § 8.24.030)
2.48.040 Restoration to owner – Costs.
A. If, during the time that lost and unclaimed property is in the possession of the department, the owner of the property appears and proves his ownership, the department shall restore the property to him.
B. The department may require that the reclaiming owner pay to the department the reasonable costs of storage and care of the property and the costs of publication incurred by reason of compliance with the terms of this chapter. (Ord. 77 § 1, 1988; 1987 Code § 8.24.040)
2.48.050 Transfer to finder.
Personal property, except bicycles, which has been held by the department for 90 days, and which has not been returned to the rightful owner, shall be subject to and may be transferred to the finder thereof in accordance with Section 2080.3 of the California Civil Code. (Ord. 77 § 1, 1988; 1987 Code § 8.24.050)
2.48.060 Disposition to city.
If, after the expiration of the applicable retention period, the city manager determines any unclaimed property in the possession of the department is needed for public use, such property shall be retained by the city. (Ord. 77 § 1, 1988; 1987 Code § 8.24.060)
2.48.070 Disposition to public authorized.
After the expiration of the applicable return period all lost and unclaimed property remaining in the custody of the department shall be sold at public auction to the highest bidder in accordance with this chapter. (Ord. 77 § 1, 1988; 1987 Code § 8.24.070)
2.48.080 Auction procedure.
The director shall conduct a public auction at least once a year, or more frequently if, in the judgment of the director, it is necessary for the more immediate disposition of lost or unclaimed property. The date of a public auction shall not be less than seven days following the 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 and unclaimed property. All purchases at public auction shall be for cash and shall be final. All purchasers at public auction shall take immediate possession of purchased property and property purchased at public auction shall not be reclaimable by the original owner. The director may conduct the public auction by participating in any similar public auction conducted by the county of San Diego or any other city in the county. (Ord. 77 § 1, 1988; 1987 Code § 8.24.080)
2.48.090 Auction proceeds.
All proceeds from the sale at public auction of lost or unclaimed property, including bicycles, shall be deposited in the general fund of the city. (Ord. 77 § 1, 1988; 1987 Code § 8.24.090)
2.48.100 Authorization to destroy.
After the expiration of the applicable retention period all lost and unclaimed property which is deemed to be of limited or no value, or which is a thing which is commonly not the subject of sale, may be destroyed or otherwise disposed of by the city. All unclaimed property remaining unsold after being offered for sale at public auction may be destroyed or otherwise disposed of by the director. (Ord. 77 § 1, 1988; 1987 Code § 8.24.100)
2.48.110 City personnel prohibited.
No city officer or employee, including officers or employees working under contract to the city, may claim property as a finder or purchase lost or unclaimed property sold in accordance with this chapter. (Ord. 77 § 1, 1988; 1987 Code § 8.24.110)