HomeMy WebLinkAbout1599 - Lost & Unclaimed Property0
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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
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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
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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
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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:
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ATTEST:
'City 'Clerk
CERTIFIED AS THE ORIGINAL AND
CERTIFIED AS TO PUBLICATION
141975
DA E FEB _�..4��
-CITY ERK OF THE CI
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AYES, COUNCILMEN: McInnis, Dostal
Barrett, Kuehn, Rogers, Ryckoff, Store
NOES, COUNCILMEN: None
ABSENT COUNCILMEN: None
IF-0 WORWRT, //_
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