Chapter 3.16
UNCLAIMED PROPERTY
Sections:
3.16.010 Holding – Restoration to owner.
3.16.030 Property held as evidence.
3.16.040 Appearance of owner to reclaim property – Reimbursement to city required.
3.16.050 Frequency of auction.
3.16.060 Use of revenue derived from sale of unclaimed property.
3.16.010 Holding – Restoration to owner.
This chapter applies to unclaimed property, defined as any and all properties entrusted to or found by any city official, officer or employee which the legal and rightful owner has left unclaimed.
A. All unclaimed property shall remain in the care and custody of the police department for a period of not less than four months following its acquisition by the police department.
B. The police department shall employ all available means to ensure that all unclaimed property is restored to its rightful and legal owner. Such means may include, but are not limited to, checking serial numbers, advertising or making personal contacts. [Ord. 2010-126 § 1 (Exh. A)].
3.16.020 Disposition.
A. After unclaimed property has been held for the period required by AVMC 3.16.010(A), the unclaimed property may be:
1. Sold as surplus property at a public auction pursuant to the requirements of the California Civil Code;
2. Donated to any nonprofit organization as directed by the city council. If unclaimed property is of no value and cannot otherwise be disposed of by gift or sale, it may be destroyed as junk. No unclaimed property shall be disposed of as junk or given away as a gift until due notice has been given as set forth in the California Civil Code dealing with the sale of such property at a public auction; or
3. Retained by the city if it is determined by the city manager that such property is needed for public use.
B. Property which would fall under California Penal Code Section 1411 is exempt from the requirements of this chapter. [Ord. 2010-126 § 1 (Exh. A)].
3.16.030 Property held as evidence.
Property held by the police department as evidence for the court’s use shall be exempted and excluded from this chapter as long as the court needs such evidence. After the court has completed its use of the property, and if it is not claimed by the legal owner at this time, the property shall be processed as unclaimed property pursuant to this chapter.
During the time that unclaimed property is in the custody of the police department, the unclaimed property shall not be used in any way by any person or persons but shall be stored by the police department in a place and manner suitable and appropriate for such property. [Ord. 2010-126 § 1 (Exh. A)].
3.16.040 Appearance of owner to reclaim property – Reimbursement to city required.
In the event the owner of any unclaimed property shall appear on or before the date fixed for the sale thereof at public auction and reclaim the property and reimburse the city for all expenses incurred in the care and preservation of the property, then the property shall be restored to the owner. [Ord. 2010-126 § 1 (Exh. A)].
3.16.050 Frequency of auction.
The public sale shall be held at least once a year by the police department and may be held at more frequent intervals as determined by the police department and the city manager. [Ord. 2010-126 § 1 (Exh. A)].
3.16.060 Use of revenue derived from sale of unclaimed property.
All revenue derived from the sale of the property shall be turned over to the city treasurer for deposit in the general fund. [Ord. 2010-126 § 1 (Exh. A)].