For the purpose of this chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
"Abandoned property"
means:
(A)
Property which the owner, upon notification of its whereabouts,
refuses to claim; or
(B)
Property for which the owner refuses, on demand, to pay the
reasonable charges for the care and storage thereof pursuant to Section
2080.1(b) of the California
Civil Code; or
(C)
Property which the finder refuses to claim pursuant to California
Civil Code Section 2080.3.
"Embezzled property"
means property which has been fraudulently appropriated by
one to whom it has been entrusted.
"Lost property"
means misplaced property, the whereabouts of which is unknown
by its rightful owner or one who has a right to possession of it.
"Police chief"
means the chief of police of the Glendora police department
or any designee of the chief of police.
"Stolen property"
means property which has been taken and carried away feloniously
or the possession of which has been obtained by false or fraudulent
representation or pretense.
(Ord. 1407 § 2, 1983)
Where property, whether lost and unclaimed or abandoned, is
determined by the police chief to be perishable and upon reasonable
diligence the owner of the property cannot be found, the police chief
shall offer such property to the finder thereof. If the finder refuses
to accept such property, the police chief shall dispose of it as he
or she sees fit.
(Ord. 1407 § 2, 1983)
All abandoned property or property found within the scope of
employment by a city employee, except perishable property, shall be
sold by the police chief at public auction to the highest bidder,
in accordance with the following procedure, unless such property is
determined by the police chief to be needed for a public use, in which
case, the property need not be sold and may be retained by the city.
(1) Notice
of Sale. Notice of such public auction sale shall be published at
least once in a newspaper of general circulation circulated in the
city. The first publication shall be at least five days prior to the
time fixed for the auction. Such notice shall contain a statement
of the time and place fixed by the police chief for such auction,
together with a general statement of the kind of property offered
for sale.
(2) Disposition
of Proceeds from Sale. Immediately after the completion of any sale,
the police chief shall give to the city treasurer a statement of the
proceeds thereof, together with the expense incurred, if any, in conducting
such sale. The police chief shall forthwith pay such proceeds to the
city treasurer and the city treasurer shall deposit the same in the
general fund.
(3) Procedure
When No Bids Offered. If there are no bids for property offered for
sale at auction under this section, the property shall again be offered
for sale together with other such property at the next auction sale.
If such property is not sold at the second auction sale, the police
chief may make such disposition thereof in the public interest as
he or she shall deem fit.
(Ord. 1407 § 2, 1983)