Chapter 2.52
UNCLAIMED PERSONAL PROPERTY
Sections:
2.52.010 Custody of unclaimed property.
2.52.050 Proceeds disposition.
2.52.060 Reimbursement to owner.
2.52.080 Donation of unclaimed personal property to nonprofit charitable organizations.
2.52.010 Custody of unclaimed property.
Whenever any personal property comes into the possession of any officer or department of the city, in connection with the performance of official duties or by reason of custody of city land or buildings, and remains unclaimed for a period of five business days, such property shall be delivered into the custody of the police department which shall give a receipt therefor. (Ord. 1307 §10(A), 2015: Ord. 757 §1, 1977)
2.52.020 Notice to owner.
Whenever any personal property comes into the possession of the police department or any officer or employee thereof in connection with the official performance of their duties, unless the property is held as evidence or potential evidence in connection with impending or pending prosecutions, notice in writing shall be given to the owner, or reputed owner of the property, if known, stating that the property may be reclaimed by the owner from the police department, and if not claimed within sixty days from the date of the notice, that the city may:
A. At any time thereafter sell said personal property at public auction to the highest and best bidder for cash;
B. Retain the property for use in the police department, subject to giving notice and the ability for the legal owner or his or her representative to reclaim the property within one year after receipt of notice, without compensation for ordinary wear and tear if, in the opinion of the chief of police, the property consists of firearms or other items specifically usable in law enforcement work; provided, that at the end of the calendar year during which there has been such a retention, the police department shall provide the mayor and retain for public inspection, a list of such retained items and an estimation of each item’s replacement value. At the end of the one-year period, any unclaimed firearm should be disposed of through forfeiture, auction, trade or retention by the police department;
C. Destroy an item of personal property at the discretion of the chief of police if the chief of police determines that the following circumstances have occurred:
1. The property has no substantial commercial value, or the probable cost of sale exceeds the value of the property;
2. The item has been unclaimed by any person after notice procedures have been met, as prescribed in this chapter; and
3. The chief of police has determined that the item is unsafe and unable to be made safe for use by any member of the general public;
D. If the item is not unsafe or illegal to possess or sell, such item, after satisfying the notice requirements of this chapter, may be offered by the chief of police to bona fide dealers, in trade for law enforcement equipment, which equipment shall be treated as retained property for purpose of annual listing requirements; or
E. If the item is not unsafe or illegal to possess or sell, but has been, or may be used, in the judgment of the chief of police, in a manner that is illegal, such item may be destroyed. (Ord. 1307 §10(B), 2015: Ord. 757 §2, 1977)
2.52.030 Sale--Authorized.
Whenever any personal property comes into the possession of the police department or any officer or employee thereof in connection with the official performance of their duties, and the property remains unclaimed or not taken away for a period of sixty days from date of written notice to the owner thereof, if known, and in all other cases for a period of sixty days from the time the property came into the possession of the police department, unless the property has been held as evidence in any court, then, in that event, after sixty days from date when the case has been finally disposed of and the property released as evidence by order of the court, the chief of police may at any time thereafter take any of the actions listed in Section 2.52.020. (Ord. 1307 §10(C), 2015: Ord. 757 §3, 1977)
2.52.040 Sale--Notice.
Before the personal property is sold, if the name and address of the owner thereof are known, at least ten days’ notice of such sale shall be given him either personally or by leaving a written notice at his residence or place of doing business with some person of suitable age and discretion then resident or employed therein and placing a copy of the notice in the mail. A notice of such sale stating the time and place thereof and containing a description, in general terms, of the property to be sold shall be published at least once in a newspaper of general circulation within the city at least ten days prior to the date fixed for the sale. If the owner fails to reclaim the property prior to the time fixed for the sale in such notice, the chief of police shall conduct the sale and sell the property described in the notice at public auction to the highest and best bidder for cash, and upon payment of the amount of such bid shall deliver the property to such bidder. (Ord. 1307 §10(D), 2015: Ord. 757 §4, 1977)
2.52.050 Proceeds disposition.
The moneys arising from sales under the provisions of this chapter shall be first applied to the payment of the costs and expenses of the notices and of the sale and then to the payment of reasonable charges and expenses for the custody and storage of the personal property and the balance, if any, shall be paid into the current expense fund of the city. (Ord. 757 §5, 1977)
2.52.060 Reimbursement to owner.
If the owner of the personal property so sold or his legal representative shall, at any time within three years after such moneys have been deposited in the current expense fund of the city, furnish satisfactory evidence to the police department and the city clerk/treasurer of the ownership of the personal property, the owner or his legal representative shall be entitled to receive from the current expense fund the amount so deposited therein. (Ord. 757 §6, 1977)
2.52.070 Unclaimed cash.
When unclaimed personal property covered by the provisions of this chapter is in the form of cash, in whole or in part, notice to the owner, if known, shall be given as provided in this chapter; and if the cash is unclaimed after the expiration of the sixty-day period provided in this chapter, the balance thereof, after deduction of the reasonable cost of notices and any incidental costs relating to the custody of the cash, shall be deposited in the current expense fund, subject to the provisions of Section 2.52.060. (Ord. 757 §7, 1977)
2.52.080 Donation of unclaimed personal property to nonprofit charitable organizations.
In addition to any other method of disposition of unclaimed property provided under this chapter, the chief of police, with approval of the mayor, may donate unclaimed personal property to nonprofit charitable organizations. A nonprofit charitable organization receiving personal property donated under this section must use the property, or its proceeds, to benefit needy persons. Such organizations must qualify for tax-exempt status under 26 U.S.C. Section 501(c)(3) of the federal Internal Revenue Code. (Ord. 1307 §22, 2015)