Chapter 2.54
LOST AND UNCLAIMED PROPERTY
Sections:
2.54.030 Return of property to owner – Sale or disposition.
2.54.040 Procedure for selling or disposing of unclaimed property.
2.54.050 Surrender of money or property to police chief – Procedure.
2.54.060 Money or property found by city officer or employee.
2.54.070 Disposition of lost money or property surrendered to city clerk/treasurer.
2.54.080 Destruction of property qualified for sale at public auction.
2.54.010 Applicability.
The provisions of this chapter shall not apply to:
A. Abandoned vehicles and abandoned vehicle hulks, the disposition of which is provided for by RCW 46.55.230;
B. Impounded animals and estrays;
C. Unclaimed property in the hands of a bailee, the disposition of which is provided for by Chapter 63.24 RCW; or
D. Unclaimed property in the hands of any person or organization identified in Chapter 63.28 RCW, the disposition of which is governed by said chapter. (Ord. 265 § 1, 1982).
2.54.020 Scope.
A. YMC 2.54.030 and 2.54.040 shall govern the disposition of personal property or money which comes into the possession of any officer or employee of the police department in connection with the performance of his or her official duties, other than lost personal property or money which has been found by an officer or employee of the police department or surrendered to the police chief by any finder or purported finder thereof, and other than personal property delivered to the police chief by the city clerk/treasurer pursuant to YMC 2.54.060.
B. YMC 2.54.050 shall govern the disposition of all personal property or money surrendered to the police chief by the finder or purported finder thereof.
C. YMC 2.54.060 and 2.54.070 shall govern the disposition of all personal property or money found by any city officer or employee while acting in the course of his or her employment. (Ord. 573 § 2, 1996; Ord. 265 § 2, 1982).
2.54.030 Return of property to owner – Sale or disposition.
Personal property or money taken into custody by the police department shall be returned on demand to the owner thereof, unless retained for use as evidence in any court proceedings, in which instance it shall be released only upon order of the court. If such personal property or money is unclaimed or not taken away and the owner is known, the police chief shall mail or deliver written notice to the owner that the property or money shall be sold or otherwise disposed of unless claimed and taken away by the owner within 60 days. (Ord. 573 § 2, 1996; Ord. 265 § 3, 1982).
2.54.040 Procedure for selling or disposing of unclaimed property.
Personal property, the owner of which is unknown, taken into custody by the police department and remaining unclaimed for 60 days, shall be sold by the police chief in the manner and following the notice required by Chapter 63.32 RCW. The same disposition shall be made of unclaimed personal property, the owner of which is known, if such property remains unclaimed for 60 days following mailing or delivery of written notice by the police chief; provided, however, that any unclaimed personal property which may be useful in the operation of any city department shall be reported by the police chief to the city council, which shall determine whether the property shall be retained for city use. Any property retained for city use shall become the property of the city unless the owner thereof establishes his right to ownership within three years following such determination by the council. Money taken into custody by the police department and remaining unclaimed for 60 days if the owner is unknown, or for 60 days following mailing or delivery of notice to the owner by the police chief, shall be deposited in the general fund of the city. (Ord. 573 § 2, 1996; Ord. 265 § 4, 1982).
2.54.050 Surrender of money or property to police chief – Procedure.
If money or personal property is surrendered to the police chief by the finder or purported finder thereof, pursuant to RCW 63.21.050, the police chief shall:
A. Advise the person surrendering the property if it is illegal for the person to possess the same;
B. Advise the person surrendering the money or property if it is to be held as evidence in judicial or other official proceedings;
C. If the person surrendering money or property which is lawful to possess wishes to acquire ownership thereof, upon failure of the owner to claim the same, furnish the person surrendering the same with a copy of Chapter 63.21 RCW;
D. If the property is valued at $25.00 or less, and no reason exists for the department to retain the property, allow the person surrendering the property to retain the same;
E. Accept the surrender of money and of property valued at more than $25.00, property unlawful to possess and property needed as evidence in any court proceedings or other official proceedings;
F. Dispose of surrendered property which it is unlawful to possess pursuant to the order of a court of competent jurisdiction;
G. Return other surrendered property to the lawful owner thereof, either after the lapse of 60 days following the conclusion of judicial or other official proceedings in which the property is used as evidence, or, if it is not so used, upon demand;
H. If the owner of surrendered money or property is not found, and more than 60 days has lapsed since the same was surrendered, or since the conclusion of judicial or other proceedings in which the same was used as evidence, deliver the money or property to the finder upon demand and upon proof that the finder complied with Chapter 63.21 RCW;
I. If the owner of surrendered money or property is not found, and more than 60 days have lapsed since the same was surrendered, or since the conclusion of judicial or other official proceedings in which the same was used as evidence, and neither the owner nor the person surrendering the money or property claim the same, the money or property shall be disposed of as provided in YMC 2.54.040. (Ord. 573 § 2, 1996; Ord. 265 § 5, 1982).
2.54.060 Money or property found by city officer or employee.
No city officer or employee who finds money or personal property while acting in the course of his or her employment shall be entitled to claim possession thereof as a finder, but shall promptly deliver the same to the city clerk/treasurer or his designee. The city clerk/treasurer or the city clerk/treasurer’s designee shall attempt to notify the lawful owner of the money or property, and return the same to the owner. If, within 10 days following discovery of the lost money or property, no person establishes ownership, the city clerk/treasurer or the city clerk/treasurer’s designee shall surrender the money or property to the police chief. (Ord. 573 § 2, 1996; Ord. 265 § 6, 1982).
2.54.070 Disposition of lost money or property surrendered to city clerk/treasurer.
Lost money or property surrendered by the city clerk/treasurer or the city clerk/treasurer’s designee to the police chief shall be disposed of as provided by YMC 2.54.040. (Ord. 573 § 2, 1996; Ord. 265 § 7, 1982).
2.54.080 Destruction of property qualified for sale at public auction.
Property which qualifies for disposition by sale at public auction pursuant to YMC 2.54.040 shall not be sold, but shall instead be destroyed by or at the direction of the police chief if such property is:
A. A firearm or other instrumentality which in the judgment of the police chief may be unreasonably hazardous to public safety if restored to private ownership;
B. Without market value, as established by the fact that no bids were received when the property was first offered for sale at public auction pursuant to YMC 2.54.040. (Ord. 573 § 2, 1996; Ord. 265 § 8, 1982).