Chapter 3.08 DISPOSAL OF UNCLAIMED PROPERTY

CHAPTER 3.08
DISPOSAL OF UNCLAIMED PROPERTY¹

3.08.010 Chief of police to receive lost property and money — Receipts.

The chief of police shall make provision for receiving and safekeeping property and money that is found and delivered to him or coming into his possession. A receipt shall be issued to the person delivering such property or such money. (Ord. 491 NCS §1: prior code §2.50.)

3.08.020 Safekeeping for three months.

Property received as provided by Section 3.08.010 shall be stored in a safe place and money so received shall be deposited with the city treasurer for a period of three months, unless sooner claimed by the true owner, and shall then be deemed to be unclaimed property or unclaimed money and be subject to disposal as provided in this chapter. (Ord. 1974 NCS §1 (part), 1994: Ord. 491 NCS §2: prior code § 2.51.)

3.08.030 Redemption by owner — Charges.

During the three-month period specified by Section 3.08.020, such property may be delivered or such money paid to the true owner. Such property shall be delivered upon proof of ownership satisfactory to the chief of police after ten days’ notice by mail to the person who delivered such property and to others who have asserted a claim of ownership at any address given by such persons. Such money shall be paid to the true owner upon written order to the city auditor and city treasurer from the chief of police. The chief of police shall make such order upon the same proof of ownership and with the same notice as prescribed in the case of property. Charges for the care of the property or money not exceeding ten percent of the value of the property or the amount of money may be charged for its safekeeping. If ownership cannot be determined to the satisfaction of the chief of police he may refuse to deliver such property or order the payment of such money to anyone until ordered to do so by a court having jurisdiction. (Ord. 1974 NCS §1 (part), 1994: Ord. 491 NCS §3: prior code §2.52.)

3.08.040 Delivery to finder.

If the true owner of the property or money regulated by this article does not appear during the three-month period and claim the property or money, it may be delivered back to the person who delivered it to the chief of police 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. Charges may be imposed as provided in Section 3.08.030. (Ord. 1974 NCS §1 (part), 1994: Ord. 491 NCS §4: prior code §2.53.)

3.08.050 Disposition of unclaimed money.

All money received by the chief of police as provided by this chapter and not delivered to the true owner during the three-month period or to the finder shall within thirty days thereafter be deposited in the general fund of the city. (Ord. 1974 NCS §1 (part), 1994: Ord. 491 NCS §5: prior code §2.54.)

3.08.060 Auction of unclaimed property—Notice.

Property received by the chief of police and not delivered to the true owner or finder shall be disposed of by public auction or appropriation to the use of the city not less than five days after a notice describing the articles to be disposed of and announcing the date, time and place of the auction is published once in the official newspaper of the city. (Ord. 491 NCS §6: prior code §2.55.)

3.08.070 Costs chargeable to 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. 491 NCS §7: prior code §2.56.)

3.08.080 Delivery of proceeds.

After the auction is completed as provided by Sections 3.08.060 and 3.08.070 the chief of police shall deliver the proceeds of the auction to the city auditor for deposit in the general fund of the city. (Ord. 491 NCS §9: prior code §2.57.)

3.08.090 Disposition of unsold 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. Any articles of property to be appropriated to the use of the city shall be made available to the division in need thereof upon approval of such appropriation by the city manager. (Ord. 491 NCS §§8, 10: prior code §2.58.)

3.08.100 Disposition of dangerous or perishable property.

Any property coming into the possession of the chief of police 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. 491 NCS § 11: prior code §2.59.)

3.08.110 Chapter not applicable to property held as evidence.

This chapter does not apply to property held by the chief of police as evidence. (Ord. 491 NCS §12: prior code §2.60.)

Editor’s Note: For statutory provision relating to the sale or destruction of unclaimed or abandoned firearms, see Penal Code § 12032. For the statutory provisions relating to the disposition of lost or unclaimed property, see Civil Code §2080, et seq.