Chapter 2.40
UNCLAIMED PROPERTY
Sections:
2.40.010 Disposition of property—Generally.
2.40.030 Restoration to owner.
2.40.060 Disposition of automobiles.
2.40.070 Disposition of money.
2.40.080 Disposition of property subject to state or federal law.
2.40.010 Disposition of property—Generally.
Except as otherwise provided in this chapter, all unclaimed property found in this city whose ownership is unknown or unclaimed shall be delivered to, and held and disposed of by the City Manager, as herein provided. (Ord. 25-07 § 1 (part): Ord. 14-87 § 1)
2.40.020 Retention period.
All such unclaimed property described above shall be held by the city for a period of at least four (4) months, except that unclaimed bicycles shall be held for a period of at least three (3) months. (Ord. 25-07 § 1 (part): Ord. 14-87 § 2)
2.40.030 Restoration to owner.
The City Manager shall attempt to ascertain the owner of such unclaimed property, if his or her identity is reasonably ascertainable, and shall restore the same to him or her, if found, upon proof of ownership satisfactory to the City Manager and payment of the costs herein provided. (Ord. 25-07 § 1 (part): Ord. 14-87 § 3)
2.40.040 Claims by finder.
A. Unclaimed property with a value of less than two hundred fifty dollars ($250) received by the city from a person who has found it and who has turned it over to the city may be claimed by such finder if no owner appears and proves ownership within ninety (90) days. Such claim shall be made to the City Manager in writing no later than one hundred twenty (120) days after the property is received by the city.
B. Unclaimed property with a value of two hundred fifty dollars ($250) or more received by the city from a person who has found it and who has turned it over to the city may be claimed by such finder if no owner appears and proves ownership within ninety (90) days. Such claim shall be made to the City Manager in writing no later than one hundred twenty (120) days after the property is received by the city, along with payment to the city of the cost of publication of a notice of the found property in a newspaper of general circulation, which notice the City Manager shall then publish. If the property remains unclaimed by the owner for an additional ten (10) days from the date of such publication, the City Manager shall transfer the property to the finder upon payment to the city of storage costs as provided in Section 2.40.050.
C. The City Manager shall determine the value of unclaimed property for purposes of subsections A and B of this section.
D. This section shall not apply where the unclaimed property was found in the performance of duties by an employee of the city, or any person performing services for the city as a consultant or independent contractor, or where the finder is a person prohibited by law from possessing such property. (Ord. 25-07 § 1 (part))
2.40.050 Storage charges.
The City Council shall establish a schedule of storage charges for property held as herein provided, based upon the amount of space and care required to preserve the property, but small articles held for short periods may be restored to their owner without charge. Record shall be kept of the actual cost of locating the owner of such property, including advertising costs, if any. Such charges and costs shall be paid to the City by the owner as provided above. (Ord. 25-07 § 1 (part): Ord. 14-87 § 4. Formerly 2.40.040)
2.40.060 Disposition of automobiles.
Any unclaimed automobiles shall be disposed of as provided in California Vehicle Code Section 22851.2 et seq. (Ord. 25-07 § 1 (part): Ord. 14-87 § 5. Formerly 2.40.050)
2.40.070 Disposition of money.
Any unclaimed money held in the treasury of the city shall be disposed of pursuant to Section 50050 of the Government Code. (Ord. 25-07 § 1 (part))
2.40.080 Disposition of property subject to state or federal law.
Stolen or embezzled property, weapons and narcotics shall be disposed of in accordance with applicable state or federal law. (Ord. 25-07 § 1 (part): Ord. 14-87 § 6. Formerly 2.40.060)
2.40.090 Public auction.
A. If, after a period of at least four (4) months (or three (3) months, in the case of bicycles), or after the expiration of the periods set forth in Section 2.40.040, such property remains unclaimed or the charges thereon have not been paid, the City Manager shall have the administrative authority to sell the unclaimed property at public auction, whether held by the city or provided through an auction service, to the highest bidder for cash in lawful money of the United States, except that unclaimed property that, in the determination of the City Manager, has no monetary value may be destroyed unless some other disposition of such property would serve the public interest.
B. The City Manager shall give notice of the time and place of sale, describing the property, by publishing such notice one (1) time in a newspaper of general circulation published in the county, at least five (5) days before the time fixed for the sale. Any property remaining unsold after being offered at such public auction may be destroyed or otherwise disposed of by the administrative authority of the City Manager. If the City Manager determines that any such property is needed for a public use, such property may be retained by the city and need not be sold. (Ord. 25-07 § 1 (part): Ord. 14-87 § 7. Formerly 2.40.070)
2.40.100 Proceeds of sale.
All proceeds from such sales shall be deposited in the general fund of the city. (Ord. 25-07 § 1 (part): Ord. 14-87 § 8. Formerly 2.40.080)