Chapter 3.28
UNCLAIMED PROPERTY1
Sections:
3.28.030 Sale – Before time limit.
3.28.040 Disposition of unsold or dangerous property.
3.28.050 Expenses of sale and disposition of proceeds.
3.28.010 Storage.
Except as provided by Civil Code Sections 2080.1 through 2080.2 or other state or federal law, personal property which comes into the possession of the police department, if unclaimed by the owner, shall be stored in a safe place for a period of four months or, in the case of a bicycle, for three months. (Ord. 74-14 N.S. § 1, 1974; prior code § 12-801).
3.28.020 Sale – Time limit.
At any time after the expiration of four months from the time unclaimed property is stored by the police department, or three months in the case of an unclaimed bicycle, the chief of police may sell the property at public auction to the highest bidder. The chief of police shall give notice of the sale at least five days before the time fixed for the auction by publishing a notice once in the newspaper of general circulation published in the county. The notice shall contain a general description of the property and a time and place where the sale will be held. (Ord. 74-14 N.S. § 1, 1974; prior code § 12-802).
3.28.030 Sale – Before time limit.
The chief of police may sell property by public auction in the manner authorized by Civil Code Section 2080.5 without holding it for the time periods specified in BMC 3.28.010 when:
A. The thing is in danger of perishing or of losing the greater part of its value; or
B. The reasonable charges imposed by the police department to defray the cost of storage and care of the property amount to two-thirds of its value. (Ord. 74-14 N.S. § 1, 1974; prior code § 12-803).
3.28.040 Disposition of unsold or dangerous property.
The chief of police may destroy or otherwise dispose of property which:
A. Remains unsold after public auction;
B. Is dangerous in itself;
C. Is contrary to public policy;
D. The police department is to retain. (Ord. 74-14 N.S. § 1, 1974; prior code § 12-804).
3.28.050 Expenses of sale and disposition of proceeds.
The expenses of sale shall be deducted from the proceeds received from the sale and the balance remaining shall be deposited in the general fund of the city. (Ord. 74-14 N.S. § 1, 1974; prior code § 12-805).
3.28.060 Exceptions.
This chapter does not apply to property which is subject to confiscation or special disposition under state or federal law. (Ord. 74-14 N.S. § 1, 1974; prior code § 12-806).
For statutory provisions on lost and unclaimed property, see Civil Code § 2080 et seq. and § 1864 et seq.