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HomeMy WebLinkAbout1599 - Lost & Unclaimed Property0 • ORDINANCE NO. 1599 AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 1.20 OF THE NEWPORT BEACH MUNICIPAL CODE DEALING WITH LOST AND UNCLAIMED PROPERTY The City Council of the City of Newport Beach DOES ORDAIN as follows: SECTION 1. Chapter 1.20 of the Newport Beach Municipal Code is hereby AMENDED in its entirety to read as follows: "Chapter 1.20 UNCLAIMED PROPERTY Sections: 1.20.010 Police Chief to Receive Property and Found Money. 1.20.020 Holding and Disposal of Unclaimed Property. 1.20.030 True Owner May Claim Property or Money. 1.20.040 Finder May Reclaim Property or Money. 1.20.050 Unclaimed Money to be Deposited in General Fund. 1.20.060 Unclaimed Property to be Used by City or Sold at Auction. 1.20.070 Conduct of Auction. 1.20.080 Proceeds to be Deposited in General Fund. 1.20.090 Unsalable and Unusable Property. 1.20.100 Dangerous or Perishable Property. 1.20.110 Provisions not Applicable. 1.20.010 Police Chief to Receive Property 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 possession. A receipt shall be issued to the person delivering such property or such money. 1.20.020 Holding and Disposal of Unclaimed Property. Such property shall be stored in a safe place for a period of at least three (3) months, and such money shall be deposited with the Director of Finance for a period of not less than three (3) months, unless sooner claimed by the true owner, and shall be deemed to be unclaimed property or unclaimed money, subject to disposal as provided in this Chapter. 1.20.030 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 -1- Police after ten (10) days' notice by mail to any others who have asserted a claim of ownership, at any address given by such persons. Such money shall be 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 property. If ownership cannot be determined to the satisfaction of the Chief of Police, he may refuse to deliver such property or order the payment of such money to anyone until ordered to do so by a court of competent juris- diction. 1.20.040 Finder May Reclaim Property or Money. (A) If the reported value of the property or money is Twenty -Five Dollars ($25.00) or more, and the true owner does not appear and prove his ownership of the property within ninety (90) days, the Chief of Police shall cause notice of the property to be published once in a newspaper of general • circulation. If, after seven (7) days following the first pub- lication of notice, no owner appears and proves his ownership of the property, and the person who found or saved the property pays for the cost of publication of the notice, the title shall vest in the person who found or saved the property, unless the property was found in the course of employment by an employee of the City, wherein the property shall be sold at auction as provided in Section 1.20.060 below. (B) In the event the reported value of the property is less than Twenty -Five Dollars ($25.00) and no owner appears to prove his ownership of the property within ninety (90) days, the title shall vest in the person who found or saved the property, unless the property was found in the course of employ- ment by an employee of the City, in which case the property • shall be sold at public auction as provided in Section 1.20.060 below. 1.20.050 Unclaimed Money to be Deposited in General Fund. All money so received by the Chief of Police and not delivered -2- to the true owner or the finder during a three (3) month period shall thereafter be deposited in the General Fund. 1.20.060 Unclaimed Property to be Used by City or Sold at Auction. Upon expiration of the three (3) month period, any property so received and not delivered to the true owner or finder may be appropriated to the use of the City of Newport Beach upon order of the City Manager on his finding that the property is needed for a public use, and any property not appropriated to City use may be sold at public auction to the highest bidder. Notice of any such sale shall be given by the City Clerk at the direction of the Chief of Police at least five (5) days before the time fixed therefor by publication at least once in a newspaper of general circulation. 1.20.070 Conduct of Auction. An auction for the sale of unclaimed property shall be conducted by the City Manager or his appointed representative. • 1.20.080 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 deposit in the General Fund. 1.20.090 Unsalable and Unusable Property. 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. 1.20.100 Dangerous or Perishable Property. Any property coming into the possession of the Chief of Police which he determines to be dangerous or perishable may be disposed of immediately, without notice, in such manner as he determines • to be in the public interest. 1.20.110 Provisions not Applicable. The provisions of Sections 1.20.040 through 1.20.100 shall not be deemed to apply -3- to property or money subject to confiscation under the laws of the State of California or the United States of America, and shall apply, to property or money held as evidence only where the same is unclaimed by any person and no other provisions of law are applicable concerning its disposition." SECTION 2. This ordinance shall be published once in the official newspaper of the City, and the same shall be effective thirty (30) days after the date of its adoption. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 27th day of January , 1975, and was adopted on the I 10th day of February , 1975, by the following vote, to -wit: • ATTEST: 'City 'Clerk CERTIFIED AS THE ORIGINAL AND CERTIFIED AS TO PUBLICATION 141975 DA E FEB _�..4�� -CITY ERK OF THE CI • AYES, COUNCILMEN: McInnis, Dostal Barrett, Kuehn, Rogers, Ryckoff, Store NOES, COUNCILMEN: None ABSENT COUNCILMEN: None IF-0 WORWRT, //_ HRC:kb -4- 1/20/75