It is the purpose of this chapter to provide procedures for
the care, retention and disposition of unclaimed property in the possession
of the City.
(Ord. 89-44)
includes personal property unattended to, lost or abandoned
by its owner and taken into possession by City personnel in the course
of the performance of their duties.
includes personal property turned in to the City by a person
who has found the personal property.
does not include animals which shall be turned over to the
animal control authorities of the City.
does not include evidence or contraband taken into possession
by the law enforcement officials of the City.
does not include property worth less than $10.00 which may
be disposed of forthwith.
does not include property that has been intentionally abandoned
by its owner which may be disposed of forthwith.
does not include vehicles abandoned on public property.
Unclaimed property taken into possession by the City shall be
delivered to the City Manager or his/her designee which shall administer
its care, retention and disposition.
A.
Except
as otherwise provided, unclaimed property shall be retained for a
period of 90 days and then disposed of in accordance with the provisions
of this chapter.
B.
Unclaimed
property is not subject to the 90-day retention period and may be
disposed of forthwith in accordance with the provisions of this chapter:
when the unclaimed property is in danger of perishing or of losing
the greater part of its value; when the lawful storage charges for
the unclaimed property amount to two-thirds of the value of the unclaimed
property; or when the owner of the unclaimed property has been identified
and thereafter refuses to take possession of the property or to pay
the storage charges thereon.
A.
Restoration
to Owner.
1.
If
the owner of the unclaimed property is known to, or becomes known
to, the City, the City shall inform the owner that the unclaimed property
has been taken into possession.
2.
If,
prior to the disposition of the unclaimed property, the owner of the
property appears and proves ownership, the City shall restore the
property to him or her upon the reimbursement by the owner of the
costs incurred by the City.
B.
Transfer
to Finder. At least five days after the publication of notice of the
disposition auction and prior to the conduct of such auction, the
finder of the unclaimed property, other than a City employee, may
claim possession of the unclaimed property. Upon the payment of a
charge to reimburse the City for all of the costs incurred, the City
shall transfer possession of the unclaimed property to the finder.
C.
Use
by City. After the required retention period, if the City Manager
or his/her designee determines that the unclaimed property is needed
for public use by the City, the City Manager or his/her designee shall
retain the unclaimed property for use by the City.
D.
Quick
Sale. When unclaimed property is not subject to the 90-day retention
period, the City Manager or his/her designee may sell such property
by public auction in the same manner as in the sale of personal property
under execution.
E.
Auction.
After the required retention period, the City Manager or his/her designee
shall cause to be published once in a newspaper of general circulation
within San Diego County a notice of auction at least five days prior
to the time fixed for the auction. Unclaimed property shall be sold
to the highest bidder and the proceeds shall be deposited into the
City's general funds. The unclaimed property may be transferred to
the County of San Diego to conduct the auction in accordance with
the provisions of the Civil Code.
F.
Destruction.
Unclaimed property which is not sold at auction or otherwise disposed
of in accordance with this chapter, shall be destroyed.
(Ord. 2003-04)
No City officer, employee, or appointed person including officers,
employees, working under contract to the City, shall purchase unclaimed
property sold in accordance with this chapter.
