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Home My WebLink About1143 - Disposal of Unclaimed Property• • • AFFIDAVIT OF PUBLICATION NEWPORT HARBOR ENSIGN STATE OF CALIFORNIA ss. County of Orange I, ...A RVQ.... E. a... HAA R(i ............................ being first duly sworn, and on oath depose and say that I am the printer and publisher of the Newport Harbor Ensign, a weekly newspaper printed and published in the City of Newport Beach, County of Orange, State of California, and that .......... Qrdtaan- O- e ... Pi.Q. <....] J 43 ........................................................... ............................... of which copy attached hereto is a true and complete copy, was printed and published in the regular issue(s) of said newspaper, and not in a supplement, ..........I ...... consecu- tive times: to -wit the issue(s) of 1 ............... ..... ............. .......................... - ... ........... ......... Subscribed and sworn to before me this..°3.M..day of November..........., 19..65 ..... .............�.:............... ...................... NotAity Public in and fbr the County of Orange, State of California. MV COMMISSION EXPIRES NOV. 29, 1967 STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF NEWPORT BEACH ORDINANCE NO. 1143 AN ORDINANCE OF THE CITY OF NEWPORT BEACH REPEALING SECTIONS 3404 AND 3405 OF THE NEWPORT BEACH MUNI- CIPAL CODE AND ADDING NEW SECTIONS 3404 THROUGH 3414 TO SAID CODE RELATING TO DIS- POSAL OF UNCLAIMED PROPERTY The City Council of the City of Newport Beach does ordain as follows: SECTION 1. Sections 3404 and 3405 of the Newport Beach Municippal Code are repealed. SF,CTION 2. A new Section 3404 is added to the Newport Beach Municipal Code to read: "SECTION 3404. Police Chief to Receive Found Pro- perty and Found Money. The Chief of Police shall make provisions for receiving and safekeeping found property and found money delivered to him or coming into his pos- session. A receipt shall be issued to the person deliver- ing such property or such money " SECTION 3. A new Section 3405 is added to the Newport Beach Municipal Code to read: "SECTION 3405. Holding and Disposal of Unclaimed Property. Such property shall be stored in a safe place for a period of at least three (3) months in the case ofbicycles and not less than six (6) months in the case of property other than bicycles, and such money shall be deposited with the Director of Finance for a period of not less than six (6) months, unless sooner claimed by the true owner, and shall then be deemed to be unclaimed property or un- claimed money, subject to disposal as provided in this chapter." SECTION 4. Section 3406 is added to the Newport Beach Municipal Code to read: "SF C TION 3406. True Owner May Claim Property or Money. During such time as any such property or money is so held, It may be delivered or paid to the true owner. Such property shall be delivered upon proof of ownership satisfactory to the Chief of Police after ten (10) days' notice by mail to any others who have asserted a claim of ownership, at any address given by such per- sons. Such money shall be SS. paid to the true owner upon written order to the Director of Finance from the Chief of Police. The Chief of Police shall make such order upon the same proof of ownership and with the same notice as prescribed in the case of pro - perty. If ownership cannot be determined to the satisfaction of the Chief of Police, he may refuse todeliver such property or order the payment of such money to anyone until ordered to do so by a court." SECTION 5. Section 3407 is added to the Newport Beach Municipal Code to read: "SECTION 3407. Finder May Reclaim Property or Money. If the true owner does not ap pear during the time such proparty or money is so held, Ii claim the property or money, it may be delivered back to the finder, other than a City employee who found the same while performing his regular duty, if such finder has servedwritten notice upon the City that he wishes to as- sert a claim to the property or money as a finder, and if he has complied with the require- ments of the Civil Code gover- ningthe dutiesand obligations of a finder." SECTION 6. Section 3408 is added to the Newport Beach Municipal Code to read: "SECTION 3408. Unclaimed Money to be Deposited in General Fund. All money so received by the Chief of Po- lice and not delivered to the true owner during a six (6) months' period or the finder shall thereafter be deposited in the General Fund." SECTION 7. Section 3409 is added to the Newport Beach Municipal Code to read: "SECTION 3409. Unclaimed Property to be Used by City or Sold at Auction. Upon ex- piration of the initial six (6) months period, orafterthree(3) months in the case of bicycles, any property so received and not delivered to the true owner or finder may be appropriated to the use of the City of New - port Beach upon order of the City Manager, and such pro- perty not appropriated to City use may he sold at public auc- tion to the highest bidder. No- tice of any such sale shall be given by the City Clerk at the direction of the Chief of Po- lice at least five (5) days be- fore the time fixed therefor I . ..................... uaSg ._. Scbw_ 1.1sftP_r ................. ..................... City Clerk of the City of Newport Beach, California, do hereby certify that the foregoing ...................... Ox.d . ndllce. :............_._............... No .............7.1.!F ...... ......... was duly and regularly adopted, passed, and approved by the City Council of the City of Newport Beach, California, at a regular meeting o1; said City Council held at the regular meeting place thereof, on the ..... $th ........... day, of_ ...... N.Q. ?<mb9r ................. .----------------- 19._ 5.. by the following vote: AYES: COUNCILMEN ............ Stoddard.,. Forgit.,._ Cook,, Gruber -, Elder_,Marshall.,._Parsons NOES: COUNCILMEN ...... N.. 9ne ..............----......._...........°-•---°-°°---•-°----.---.--...._..._....... ........._...-- -........... - --- ABSENT: COUNCILMEN ......... None ................................•----........--.--............_................. ............................... Datedthis ...... 2;9th. ....... day of................... March............................................................ :....... 19..16.. City Clerk of the Ctiy of NAPort Beach. State of California • • AFFIDAVIT OF PUBLICATION NEWPORT HARBOR ENSIGN STATE OF CALIFORNIA 1 as_ County of Orange j I, ------- ARVO--- E..._HAAPA , being first duly sworn, and on oath depose and say that I am the printer and publisher of the Newport Harbor Ensign, a weekly newspaper printed and published in the City of Newport Beach, County of Orange, State of California, and that ------ Or-dirwmae ... Ro.s -_1143 of which copy attached hereto is a true and complete copy, was printed and published in the regular issue(s) of said newspaper, and not in a supplement, ........... I....... consecu- tive times: to -wit the issue(s) of Subscribed and sworn to before me this -JVLrl day of November 19_65- Not y � Public in and f� County of Orange, State of California- Day C.oMMISsIoN E.PIaE6 NOV, 29, 1987 STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF NEWPORT BEACH by publication at least once in a newspaper of general circulation published in the County of Orange." SECTION 8- Section 3410 is added to the Newport Beach Municipal Code to read: "SECTION 3410- Conduct of Auction. An auction for the sale of unclaimed property shall be conducted by the City Manager or his appointed representative -" SECTION 9. Section 3411 is added to the Newport Beach Municipal Code to read: "SECTION 3411- Proceeds to be Deposited in General Fund. After such auction is completed,the proceeds of the auction shall be delivered to the Director of Finance for depposit in the General Fund -" SF.(: TION 10. Section 3412 is added to the Newport Beach Municipal Code to read: "SECTION 3412. Unsalable and Unusable Property. Any propertyadvertisedand 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 -" SECTION 11- Section 3413 is added to the Newport Beach MunucippaI Code to read: "SEV: ION 3413- Dangerous or Perishable Property. Any property comingg into the pos- sesslon of the Chief of Police which he determines to be dangerous or perishable may be disposed of immediately, without notice. in such manner ISS. as he determines to be in the public interest." SECTION 12- Section 3414 is added to the Newport Beach Municipal Code to read- "SECTION 3414- Provisions not Applicable. The provi- sions of Sections 3404 through 3413 shall not be deemed to apply to property or money subject to confiscation under the laws of the State of Cali- fornia or of the United Stales of America, and shall apply to property or money held as evi- dence only when the same is unclaimed by any person and and no other provisions of law are applicable concerning its dispositlon- SECTION 13. This ordinance shall be published once in the official newspaper of the City, and the same shall be effective 30 days after the date of its adoption. This ordinance was intro- duced at a regular meeting of the City Council of the City of Newport Beach held on the 25th. day of October, 1965, and was adopted on the 8th day of No- vember, 1965, by the following vote, to wit: AYES, COUNCILMEN: Stod- dard, Forgit, Cook, Gruber, El- der, Marshall, Parsons NOES, COUNCILMEN: None ABSENT COUNCILMEN: None PAUL J- GRUBER Mayor Attest: MARGERY SCHROUDER City Clerk Publish: Nov- 11, 1965, in The Newport Harbor Ensign I, -------------- Marger3r-. 3chmuider------ .-- _------------------ - ----- City Clerk of the City of Newport Beach, California, do hereby certify that the foregoing ----------- Ordinance .............. ............................... No ------ --- 114.3 .... . . . . .. .......was duly and regularly adopted, passed,, and approved by the City Council of the City of Newport Beach, California, at a regular meeting \ `o1 said City Council held at the regular meeting place thereof, on the ---- -. -. -- 8th ------ day, of ------------- -------- Novell> bex- .--- . --------------- 19 - -65- by the following vote- AYES: COUNCILMEN .. -- Stoddard -,- _Forgit -, -_ Cook, -- Gruber -,- _Elder, _Marshall -, - -- Parsons NOES: COUNCILM ABSENT: COUNCI Dated this -29th- day of ................ March----------- -- -- ------- ---- --- --- ---- -- ---- -- - - ---- -- 19 6E --------------- ---=` - -- ------ ----- --- -- -- -- - City Clerk of the Ci4 of Na port Beach. State of California