Chapter 3.08
UNCLAIMED PROPERTY DISPOSITION
Sections:
3.08.010 City custody of personal property.
3.08.020 Quarterly disposition of unclaimed property.
3.08.040 Conduct of sale – Proceeds.
3.08.050 Subsequent claim of property.
3.08.010 City custody of personal property.
The police department shall dispose of any personal property that comes into its possession in a manner consistent with state law and this chapter.
(1) Found Property. The finding of any money or goods valued at $100.00 or more, if the owner is unknown, shall be reported to the county clerk as provided by state law on finders and owners.
(2) Unclaimed or Abandoned Intangible Property. Money, stocks, bonds, securities, or other intangible personal property unclaimed or abandoned in the possession of the police department must be retained for seven years and included on the city’s report of abandoned property before it is presumed abandoned by the Uniform Disposition of Unclaimed Property Act.
(3) Other Personal Property. Unclaimed or abandoned tangible property or property not within the Uniform Act shall be disposed of in accordance with this chapter. (Ord. 2641, 1992; Ord. 2391 § 1, 1982)
3.08.020 Quarterly disposition of unclaimed property.
At least every 90 days, the police department shall inventory unclaimed or abandoned property in its possession for disposition. All unclaimed moneys shall be retained in accordance with state law. The inventory of tangible property shall be reported to the city council together with a proposed disposition of the property.
(1) Public Sale. If the proposed disposition is a public sale, the police chief shall post written or printed notice of sale in three public places within the city at least 10 days before the sale. The notice shall describe the property, state the time and place of the sale, and that sale will be to the highest bidder.
(2) Donation for a Public Purpose. In lieu of the expense of a public sale, the police chief may propose and the city council may approve disposition of the property by donation of all or part of the inventoried property to a specific private or public agency for a specific public purpose. A representative of the agency accepting such property shall certify that it shall be used only for the public purpose approved by the city council. (Ord. 2391 § 2, 1982)
3.08.030 Repealed.
Repealed by Ord. 2666. (Ord. 2391 § 3, 1982)
3.08.040 Conduct of sale – Proceeds.
The marshal shall conduct the sale and shall deposit the proceeds thereof, after deducting the cost of the sale, together with any other money included in the notice, in the city treasury to the credit of the city general fund. (Ord. 2391 § 4, 1982)
3.08.050 Subsequent claim of property.
If the property is sold as provided herein, and if within six months after a public sale the owner of the property, including money, files with the city council a claim for the property, including money, and proves his right to the same, the council shall direct that the money or the amount received for the property, less expenses of the sale, shall be paid to the owner from the city treasury. The council shall not approve any claims filed more than six months after the sale. If the property is transferred to the city in lieu of the sale, it may be claimed by the lawful owner thereof at any time within one year from the transfer to the city. The marshal, in disposing of property in the manner provided herein, shall not be liable to the owner thereof. (Ord. 2391 § 5, 1982)