Chapter 1.48
LOST AND UNCLAIMED PROPERTY AND MONEY
Sections:
1.48.010 Police chief to receive lost and unclaimed property and money.
1.48.020 Holding and disposal of unclaimed property and money.
1.48.030 True owner may claim property or money.
1.48.040 Unclaimed money to be deposited in general fund.
1.48.050 Finder may reclaim property or money.
1.48.060 Unclaimed property to be used by city or sold at auction.
1.48.070 Costs of keeping and sale proper charge against city.
1.48.080 Chief administrative officer approval for city appropriation.
1.48.090 Proceeds of auction to be deposited in general fund.
1.48.100 Unsalable and unusable property.
1.48.110 Dangerous or perishable property.
1.48.120 Chapter not applicable to certain property.
1.48.010 Police chief to receive lost and unclaimed property and money.
The police chief shall make provision for receiving and safeguarding found or saved property and money delivered to him or coming into his possession during the course of his duties. A receipt shall be issued to the person delivering such property or such money.
(Ord. 1182 § 1 (part), 10-10-72)
1.48.020 Holding and disposal of unclaimed property and money.
Such money shall be deposited with the director of finance and other unclaimed property, except unclaimed bicycles, shall be stored in a safe place for a period of at least three months. Unclaimed bicycles shall be stored in a safe place for a period of at least three months. After said periods of time, any such money, property and bicycles remaining unclaimed shall be subject to disposal as provided in this chapter.
(Ord. 2011 § 1 Exh. A (part), 8-27-96: Ord. 1182 § 1 (part), 10-10-72)
1.48.030 True owner may claim property or money.
During such time as any such property or money is so held, it may be restored to the true owner, upon the payment of all reasonable charges to defray costs of storage, care and administrative processing of the property or money, not exceeding ten percent of the value of the property or the amount of the money. Such property or money shall be so restored upon proof of ownership satisfactory to the police chief after mailing of ten days’ notice to the person who delivered such property and to others who have asserted a claim of ownership, to any address given by such persons.
If true ownership is determined but the owner disputes the charges levied by the police chief, such owner shall pay the charges under protest and seek restitution or reduction of such payment as in the case of other claims against the city, otherwise the police chief may proceed to dispose of the property or money as if true ownership had not been determined.
If true ownership of money or property, in favor of a claimant asserting true ownership, cannot be determined to the satisfaction of the police chief, he may refuse to deliver such property or money to any such claimant, and the police chief may proceed to dispose of the property unless, prior to such disposal, a court of competent jurisdiction orders the police chief to the contrary.
Such money shall be paid to the true owner upon written order to the director of finance and city treasurer from the police chief. The police chief shall make such order upon the same proof of ownership and with the same notice as prescribed in the case of property.
(Ord. 1182 § 1 (part), 10-10-72)
1.48.040 Unclaimed money to be deposited in general fund.
All money so received by the police chief and not delivered to the true owner during a three-month period or to the finder pursuant hereto shall thereafter be deposited in the general fund of the city.
(Ord. 2011 § 1 Exh. A (part), 8-27-96: Ord. 1182 § 1 (part), 10-10-72)
1.48.050 Finder may reclaim property or money.
If the true owner does not appear during the prescribed period of time during which such property or money must be held and claim the property or money, it may be delivered back to the person who delivered it to the police chief, upon payment of the cost of publication of notice of property to be sold, if at the time of delivery such person indicated in writing that he wished to assert a claim to the property or money as a finder. Reasonable charges for safekeeping said property or money, in addition to the actual cost of publication, may be imposed as provided in Section 1.48.030 of this chapter.
(Ord. 1182 § 1 (part), 10-10-72)
1.48.060 Unclaimed property to be used by city or sold at auction.
Upon expiration of the initial three-month period in the case of unclaimed property, any property so received by the police department and not delivered to the true owner or finder within ninety days may be appropriated to the use of the city upon order of the chief administrative officer, and such property not appropriated to city use shall be transferred to the director of finance to be disposed of by public auction to the highest bidder. Notice of any such sale shall be given by the chief administrative officer at least five days before the time fixed therefor by publication at least once in a newspaper of general circulation published in the city of South Gate.
If the property referred to herein was found in the course of employment by an employee of any public agency, said property shall be sold at public auction as herein provided.
All property transferred to the director of finance pursuant to this section, shall not be redeemable by the owner or other person entitled to possession.
(Ord. 2011 § 1 Exh. A (part), 8-27-96: Ord. 1182 § 1 (part), 10-10-72)
1.48.070 Costs of keeping and sale proper charge against city.
Any costs or charges for keeping or depositing the property or money and the costs or charges for the advertising and sale shall be a proper charge against the city.
(Ord. 1182 § 1 (part), 10-10-72)
1.48.080 Chief administrative officer approval for city appropriation.
Any articles of property to be appropriated to the use of the city shall be made available to the division or department in need thereof upon approval of such appropriation by the chief administrative officer.
(Ord. 1182 § 1 (part), 10-10-72)
1.48.090 Proceeds of auction to be deposited in general fund.
After such auction is completed under the provisions of this chapter, the director of finance shall deposit the proceeds of the auction in the general fund of the city.
(Ord. 1182 § 1 (part), 10-10-72)
1.48.100 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 chief administrative officer directs.
(Ord. 1182 § 1 (part), 10-10-72)
1.48.110 Dangerous or perishable property.
Any property coming into the possession of the police chief which he determines to be dangerous or perishable may be disposed of immediately, without notice, in such manner as he determines to be in the public interest.
(Ord. 1182 § 1 (part), 10-10-72)
1.48.120 Chapter not applicable to certain property.
The provisions of this chapter shall not be deemed to apply to property subject to confiscation under the laws of the state of California or of the United States of America, and shall apply to property held as evidence only when the same is unclaimed by any person and no other provisions of law are applicable concerning its disposition.
(Ord. 1182 § 1 (part), 10-10-72)