A.
The
police chief shall make provisions for the receiving and safekeeping
of found or unclaimed property and money delivered to him or her or
coming into his or her possession, and the police chief shall make
provision for safekeeping of all property abandoned by prisoners of
the city jail or otherwise coming into his or her possession where
no owner can be found, subject to the provisions of this chapter.
B.
The
finder of money or property of the value of $10 or more who turns
the money or property over to the police division in compliance with
the provisions of section 2080.1 of the Civil Code shall make the
affidavit required by such section, and the police shall make a reasonable
effort to ascertain and notify the owner thereof.
(Prior code § 19-35)
If the true owner appears within 90 days after receipt of such
property by the police division, proves his or her ownership, and
pays the charges provided for in this section, the police division
shall restore the property to the owner. Found money shall be paid
to the true owner upon written order to the director of finance and
administrative services and city treasurer from the police chief.
The police chief shall make such order upon the same proof of ownership
and with the same notice as prescribed in the case of property. Charges
for the care of the property or money not exceeding 10% of the value
of the property or the amount of the money may be charged for its
safekeeping. If ownership cannot be determined to the satisfaction
of the police chief, the police chief may refuse to deliver such property
or order the payment of such money to anyone until ordered to do so
by a court.
(Prior code § 19-36)
If the reported value of property is $50 or more and no owner
appears and proves his or her ownership of the property within 90
days, the police chief within the next 30 days shall cause to be published
at least once in the official newspaper a notice of the found, saved
or unclaimed property. If after seven days following the first publication
of the notice, no owner appears and claims ownership of the money
or property, then the money or property shall be delivered back to
the finder 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. Charges may be imposed upon the finder
at time of delivery to him or her of the property sufficient to defray
the costs of advertising and storage. If the reported value of the
property is less than $50 and no owner appears and proves his or her
ownership of the property within 90 days, then the money or property
shall be delivered back to the finder 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.
(Prior code § 19-37)
All money so received by the police, as to which ownership cannot
be satisfactorily shown or established, shall be deposited in the
general budget fund.
(Prior code § 19-38)
Property so received and not delivered to the true owner or
finder within four months after the receipt of property by the police
shall be disposed of by public auction to the highest bidder. Such
auction shall be held not less than five days after a notice describing
the articles to be disposed of announcing the date, time and place
of the auction is published once in the official newspaper of the
city.
(Prior code § 19-39)
The police division may sell such property by public auction
in the manner and upon the notice of sale of personal property under
execution, if it is a thing which is commonly the subject of sale
in the following cases:
A.
When
the owner being found refuses upon demand to pay the charges prescribed
in this chapter when such charges amount to two-thirds of its value;
or
B.
The
property is in danger of perishing or of losing the greater part of
its value.
(Prior code § 19-40)
The city may appropriate to its own use found or unclaimed property
held by the police chief if such property is not redeemed or redeemable
as provided in this chapter.
(Prior code § 19-41)
Any property coming into the possession of the police division
which is dangerous or perishable may be disposed of immediately, without
notice, in such manner as is determined to be in the public interest.
(Prior code § 19-42)
After such auction under this chapter is completed the police
chief shall deliver the proceeds of the auction to the director of
finance and administrative services for deposit in the general budget
fund.
(Prior code § 19-43)
Any property advertised and offered for sale 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 such manner as the city
manager directs.
(Prior code § 19-44)
This chapter does not apply to property held by the police chief
as evidence or to bicycles impounded under chapter 10.60.100, except
that property classified as evidence which has fulfilled its evidentiary
purpose or has ceased to be needed for such purpose for any reason
and which for any reason cannot be returned to its rightful owner
shall be reclassified as unclaimed property for disposition pursuant
to the provisions of this chapter.
(Prior code § 19-45)
