Chapter 2.23
UNCLAIMED PROPERTY

Sections:

2.23.010    Unclaimed stolen or embezzled property—Disposition.

2.23.020    Unclaimed lost property—Disposition.

2.23.030    Disposition—Finality.

2.23.010 Unclaimed stolen or embezzled property—Disposition.

All stolen or embezzled property, including money, in the possession of the Sheriff shall be disposed of pursuant to the provisions of Penal Code Section 1411. [Ord. 5285 § 7, 2018; Ord. 2158, 1975; prior code § 5.90.010].

2.23.020 Unclaimed lost property—Disposition.

(A)    All lost property, including money, in the possession of the Sheriff which is not claimed by the owner or finder of such property within the time provided by Civil Code Sections 2080.2 and 2080.3 shall be disposed of by the Sheriff in accordance with the provisions of this chapter.

(B)    Vesting of Title.

(1)    Value at or over $250.00.

(a)    Notification to Owner. If the Sheriff has information as to the identity of the owner of lost property that is valued at or over $250.00, the Sheriff shall notify that person by mail that, if unclaimed within 90 days, the property shall be disposed of pursuant to the provisions of this chapter.

(b)    If no owner appears and proves their ownership of the property within 90 days, the Sheriff shall cause notice of the property to be published at least once in a newspaper of general circulation. If, after seven days following the first publication of the notice, no owner appears and proves their ownership of the property and the person who found or saved the property pays the cost of the publication, the title shall vest in the person who found or saved the property unless the property was found in the course of employment by an employee of any public agency, in which case the property shall be sold at public auction or retained by the agency pursuant to Civil Code Section 2080.4. Title to the property shall not vest in the person who found or saved the property or in the successful bidder at the public auction unless the cost of publication is first paid to the County.

(2)    Value under $250.00.

(a)    If the reported value of the property is less than $250.00 and no owner appears and proves their ownership of the property within 90 days, the title shall vest in the person who found or saved the property, unless the property was found in the course of employment by an employee of the County, in which case the property shall be disposed of as set forth in subsection (C) of this section.

(C)    Disposition after Title Vests in the County. Except as provided in subsection (D) of this section, after title to any stolen or embezzled property or any unclaimed lost property vests in the County, the property shall be disposed of in the following manner:

(1)    Currency or coin shall be deposited with the County Treasurer for deposit to the County general fund.

(2)    With the exception of property subject to the applicable provisions of subsection (C)(4) of this section, all other property shall be transferred from the Sheriff to the Public Administrator or an auctioneer for sale at a public auction that is held in compliance with all provisions of Civil Code Section 2080.4 (including applicable notice provisions), and the proceeds thereof shall be paid over to the County Treasurer for deposit to the general fund of the County.

(3)    If the Public Administrator determines that any such property transferred to the Public Administrator for sale is needed for public use, such property may be retained by the County and need not be sold.

(4)    All such property which, in the opinion of the Sheriff or the Public Administrator, is worthless, or which if sold, would not bring a sum sufficient to offset the cost of conducting the sale, may be destroyed or donated to charitable institutions or may be repaired and renovated by County prisoners and transferred to the Public Administrator for sale.

(D)    Authority for Sheriff to Transfer Bicycles and Toys to Chief Probation Officer. The Sheriff is hereby authorized to turn over to the Chief Probation Officer, for use by the Chief Probation Officer in any program of activities designed to prevent juvenile delinquency, any toys or bicycles which have been in the possession of the Sheriff for at least three months and are unclaimed. [Ord. 5285 § 7, 2018; Ord. 5230 § 1, 2016; Ord. 2158, 1975; Ord. 1346, 1968; Ord. 726, 1961; prior code §§ 5.90.020—5.90.060].

2.23.030 Disposition—Finality.

Unclaimed property shall not be redeemable by the owner or other person formerly entitled to possession after title to the property has vested in the County in accordance with this chapter. [Ord. 5285 § 7, 2018; Ord. 2158, 1975; prior code § 5.90.070. Formerly 2.23.070].