CHAPTER 24
SALE OF STOLEN, ABANDONED OR UNCLAIMED PROPERTY

24.1 Authority to sell generally.

The police department of the city is hereby authorized to sell abandoned and other unclaimed private property which has been held in police custody for more than 90 days without proper identification thereof, or claim thereto made by its owner, owners or lawful claimants, with the exception of flammable, toxic, or explosive materials which are considered unsafe for storage by the chief of police, may be disposed of or rendered safe at any time they are under the control or custody of the chief. In the alternative, the property may be transferred to the purchasing officer for sale, or to be retained for a public use. (Ord. No. 66-22, § 1; Ord. No. 85-45, § 1; Ord. No. 93-9, § 19.)

24.1(a) Bicycles and Toys.

(a)    Pursuant to Section 217 of the Welfare & Institutions Code of the State of California, bicycles and toys in the possession of the police department which have been unclaimed for at least sixty (60) days, may be donated to the county or tax-exempt non-profit organizations which have programs designed to prevent juvenile delinquency. (Ord. No. 99-22, § 1.)

24.2 Affidavit by finder or saver of lost property.

If the owner is unknown or has not claimed the property, the person saving or finding the property shall, if such property is of value of ten dollars ($10) or more, upon turning the property over to the police department, shall make an affidavit, stating when and where he found or saved the property, particularly describing it. If the property was saved, he shall state:

(1)    From what and how it was saved.

(2)    Whether the owner of the property is known to him.

(3)    That he has not secreted, withheld, or disposed of any part of the property. (Ord. No. 66-22, § 1; Ord. No. 85-45, § 2.)

24.3 Notification to owner.

The police department shall notify the owner, if his identity is reasonably ascertainable, that it possesses the property and where it may be claimed. The police department may require payment by the owner of a reasonable charge to defray costs of storage and care of the property. (Ord. No. 66-22, § 1; Ord. No. 85-45, § 3; Ord. No. 93-9, § 19.)

24.4 Time for claiming property by owner.

If the owner appears within 90 days after receipt of the property by the police department, proves his ownership of the property and pays all reasonable charges, the police department shall restore the property to him. (Ord. No. 66-22, § 1; Ord. No. 85-45, § 4; Ord. No. 93-9, § 19.)

24.5 Disposition of the property.

(a)    If the reported value of the property is fifty dollars ($50) or more, and no owner appears and proves his ownership of the property within 90 days, the police department 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 his 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 held by the city manager or such person as shall be designated by him. 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 city. (Ord. No. 93-9, § 19.)

(b)    If the reported value of the property is less than fifty dollars ($50) and no owner appears and proves his 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 any public agency, in which case the property shall be sold at public auction held by the city manager, or such person as shall be designated by him. (Ord. No. 85-45, § 5.)

24.6 Deposit of funds.

The money received from the sale shall be turned over to the city finance director and placed in the general fund of the city. (Ord. No. 85-45, § 6.)