Chapter 2.56
LOST OR ABANDONED PROPERTY
Sections:
2.56.010 Responsibility of finder of lost property.
2.56.020 Responsibility of City officer or employee.
2.56.030 Responsibility of Police Department.
2.56.040 Redemption of property by owner.
2.56.050 Disposition of property unclaimed by owner.
2.56.060 Disposition of funds and unsold property.
2.56.070 Disposition of perishable property.
2.56.080 Lost or unclaimed property procedures.
2.56.090 Exceptions to application of chapter.
For statutory provisions on lost and unclaimed property, see Civil Code §2080 et seq.
2.56.010 Responsibility of finder of lost property.
Any person who finds a lost item of personal property, including any money, goods, things in action, or other personal property, is not bound to take charge of it, but if such person does take charge of it, that person shall, within a reasonable time, inform the owner, if known, and restore the property to the owner in compliance with Section 2080 of the California Civil Code. If the owner is unknown or has not claimed the property within a reasonable time, the finder shall turn the property over to the police department of the city in compliance with Section 2080.1 of the California Civil Code.
(Ord. 1740, Repealed and Replaced, 05/26/2006)
2.56.020 Responsibility of City officer or employee.
Any officer or employee of the city who shall find or take possession of any personal property in or upon any public street, sidewalk, public building or other public property or grounds in the city, the ownership of which is unknown to such officer or employee, shall immediately turn the property over to the police department of the city.
(Ord. 1740, Repealed and Replaced, 05/26/2006)
2.56.030 Responsibility of Police Department.
The police department shall comply with Sections 2080 through 2080.6 of the California Civil Code in the care and disposition of the found property. The finance director shall supply funds to the police chief for the purpose of caring for or protecting property covered by this chapter.
(Ord. 1740, Repealed and Replaced, 05/26/2006)
2.56.040 Redemption of property by owner.
During the time period specified in Section 2080.4 of the California Civil Code, such property may be redeemed by the true owner upon proof of ownership satisfactory to the police chief or his/her designee, and provided such true owner pays for the reasonable costs incurred by the department in the storage and care of the property. If ownership cannot be determined to the satisfaction of the police chief, the police chief may refuse to deliver such property to anyone until ordered to do so by a court having jurisdiction.
(Ord. 1740, Repealed and Replaced, 05/26/2006)
2.56.050 Disposition of property unclaimed by owner.
If, after the expiration of the time period specified in Section 2080.4 of the California Civil Code, the owner fails to redeem the property, or if the owner fails to pay the police department’s reasonable costs in the storage and care of the property as required by Section 2.56.040, above, the police chief shall cause such property to be transferred to the city’s purchasing agent as that term is defined in Section 2.68.110 of this code, who may, in compliance with Section 2080.4 of the California Civil Code, either sell the property at public auction or retain the property for a public use; provided, however, that if the property shall consist of lost and unclaimed bicycles or toys, the purchasing agent may cause such property to be donated to one or more nonprofit tax-exempt charitable organizations which agree, in writing, to donate such property in turn to needy children of the city or county; and provided further, that if the property shall consist of money, it shall be deposited in the general fund of the city.
Upon the transfer of such property to the purchasing agent for the city, the owner of such property shall not thereafter be entitled to redeem the property.
(Ord. 1740, Repealed and Replaced, 05/26/2006)
2.56.060 Disposition of funds and unsold property.
A. Proceeds of property sold at public auction. After the auction is completed, the city’s purchasing agent shall deliver the proceeds of the auction to the city’s finance director for deposit in the general fund of the city. No officers or employees of the city or their immediate family may bid on any property advertised and offered for sale at public auction.
B. Property unsold at public auction. Any property advertised and offered for sale at public auction 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 a manner as may be determined by the city’s purchasing agent. No such property shall be given or sold to officers or employees of the city or their immediate family.
(Ord. 1740, Repealed and Replaced, 05/26/2006)
2.56.070 Disposition of perishable property.
The provisions of this chapter shall not apply to perishable property as that phrase is defined in California Civil Code Section 2080.5, and such property may be disposed of in conformance with said Section 2080.5.
(Ord. 1740, Repealed and Replaced, 05/26/2006)
2.56.080 Lost or unclaimed property procedures.
In addition to the provisions of this chapter, the city manager or police chief may establish lost or unclaimed property procedures that shall govern the care and disposition of lost or unclaimed property. Such procedures shall be consistent with the provisions and purpose of this chapter and any other applicable laws and regulations.
(Ord. 1740, Repealed and Replaced, 05/26/2006)
2.56.090 Exceptions to application of chapter.
The provisions of this chapter shall not apply to the following types of property:
A. Property subject to confiscation under the laws of the United States or the state of California.
B. Property held as evidence by the police department, which shall be governed by California Penal Code Sections 1407 through 1417.9, inclusive.
C. Intentionally abandoned property.
(Ord. 1740, Repealed and Replaced, 05/26/2006)