Chapter 23
UNCLAIMED LOST PROPERTY*
Sections:
5-23.03 Rights of owners: Proof required.
5-23.05 Money to be deposited in General Fund.
5-23.06 Property to be sold or used by the City.
5-23.08 Proceeds to be deposited in General Fund.
5-23.09 Unsalable and unusable property.
5-23.10 Dangerous and perishable property.
5-23.11 Property held as evidence.
5-23.13 Bicycles: Time exception.
5-23.14 Unclaimed bicycles or toys; Use in program to prevent delinquency.
* Chapter 23 entitled “Unclaimed Lost, Stolen, or Abandoned Property”, consisting of Sections 5-23.01 through 5-23.08 added by Ordinance No. 138 C-M, effective January 26, 1967, amended in its entirety by Section 1, Ordinance No. 397 C-M, effective February 10, 1977.
5-23.01 Unclaimed property: Duty of City officers, employees, and others to deliver to the Chief of Police.
It shall be the duty of all officers and employees of the City, as well as every other person within the City, whenever there comes into their possession any money or personal property which such finder or possessor has reason to believe may have been stolen, lost, or misplaced to deliver the same to the Chief of Police and to make an affidavit stating when and where the property was found. A receipt shall be issued to the person delivering such property.
(§ 1, Ord. 397 C-M, eff. February 10, 1977)
5-23.02 Custody.
Any unclaimed property or money coming into the possession of the Chief of Police shall be held for the account of the owner thereof for at least four (4) months after the receipt of the same, unless the owner thereof shall sooner claim the same. The property shall be stored in a safe place, and such money shall be deposited with the Director of Finance for a period of four (4) months, unless sooner claimed by the true owner, and thereafter shall be deemed to be unclaimed property or unclaimed money and be subject to disposal as provided in this chapter.
(§ 1, Ord. 397 C-M, eff. February 10, 1977)
5-23.03 Rights of owners: Proof required.
During such four (4) month period such property may be delivered or such money paid to the true owner upon proof of ownership satisfactory to the Chief of Police. If ownership cannot be determined to the satisfaction of the Chief of Police, he 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 the payment of all charges therefor as in this chapter provided.
(§ 1, Ord. 397 C-M, eff. February 10, 1977)
5-23.04 Rights of finders.
Any person who turns over to the Chief of Police 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 such property or money has not been found or located within the time period herein prescribed. 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 Chief of Police, he shall be deemed to have waived his rights as a finder.
In the event the true owner of such unclaimed property shall not claim the same within a period of four (4) months from the receipt thereof, the Chief of Police 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 (10) days after the expiration of said four (4) month period. Charges may be imposed as provided in this chapter.
(§ 1, Ord. 397 C-M, eff. February 10, 1977)
5-23.05 Money to be deposited in General Fund.
All money so received by the Chief of Police and not delivered to the true owner during the four (4) month period, or to the finder in accordance with the provisions of Section 5-23.04 of this chapter, shall be deposited in the General Fund within thirty (30) days after the expiration of said four (4) month period.
(§ 1, Ord. 397 C-M, eff. February 10, 1977)
5-23.06 Property to be sold or used by the City.
All property so received by the Chief of Police and not delivered to the true owner during the four (4) month period, or to the finder as provided in Section 5-23.04 of this chapter, shall be disposed of by public auction or by appropriation to the use of the City, whichever the City Manager determines to be in the best interests of the City.
In the event an auction is held, there shall be published in a newspaper of general circulation, published in the City, at least five (5) days prior to such a sale, a notice describing the articles to be disposed of and announcing the date, time, and place of the sale.
(§ 1, Ord. 397 C-M, eff. February 10, 1977)
5-23.07 Charges.
Prior to returning any property or money to the true owner, or in the event he cannot be found, to the finder, the Chief of Police shall require the payment of the necessary costs and disbursements incurred in storing and keeping such property or money.
(§ 1, Ord. 397 C-M, eff. February 10, 1977)
5-23.08 Proceeds to be deposited in General Fund.
After such auction is completed, the Chief of Police shall deliver the proceeds of the auction to the Director of Finance for deposit in the General Fund.
(§ 1, Ord. 397 C-M, eff. February 10, 1977)
5-23.09 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.
(§ 1, Ord. 397 C-M, eff. February 10, 1977)
5-23.10 Dangerous and perishable property.
Any property coming into the possession of the Chief of Police which he determines to be dangerous or unlawful to possess or perishable may be disposed of immediately, without notice, in such manner as he determines to be in the public interest.
(§ 1, Ord. 397 C-M, eff. February 10, 1977)
5-23.11 Property held as evidence.
The provisions of this chapter pertaining to lost or unclaimed property shall not apply to property held by the Chief of Police as evidence.
(§ 1, Ord. 397 C-M, eff. February 10, 1977)
5-23.12 Abandoned property.
The provisions of this chapter shall have no application to property which has been intentionally abandoned by its owner.
(§ 1, Ord. 397 C-M, eff. February 10, 1977)
5-23.13 Bicycles: Time exception.
Notwithstanding the four (4) month time period for the custody, storage, sale, and disposal of unclaimed property or money coming into the possession of the Chief of Police as provided in this chapter, if any unclaimed bicycle, as defined in Section 4-1.01 of Chapter 1 of Title 4 of this Code, is not claimed by the owner before the expiration of three (3) months after the receipt of the bicycle by the Chief of Police, such bicycle shall be deemed to be unclaimed property and shall be subject to disposal as provided in this chapter.
(§ 1, Ord. 397 C-M, eff. February 10, 1977)
5-23.14 Unclaimed bicycles or toys; Use in program to prevent delinquency.
Notwithstanding any other provision of this chapter, the Chief of Police may turn over any bicycles or toys, or both, in the possession of the Police Department of the City of Watsonville which have been unclaimed for a period of at least sixty (60) days, to the probation officer, to the welfare department of the County, or to any charitable or nonprofit organization which is authorized under its articles of incorporation to participate in a program or activity designed to prevent juvenile delinquency and is exempt from income taxation under federal or state law, or both, for use in any program or activity designed to prevent juvenile delinquency.
(§ 1, Ord. 1031-97 C-M, eff. July 24, 1997)