§ 2-13.09. Unclaimed property: Disposal procedures authorized.

All unclaimed property which has been in the possession of the Police Department and not otherwise disposed of, or required to be held and which is no longer needed as evidence, shall be disposed of by the Chief of Police in one of the following ways:

(a)

It shall be destroyed if so directed by Federal, State, or local laws and may be destroyed if authorized by such laws.

(b)

All guns or firearms which are not required or authorized to be destroyed by Federal or State laws shall be destroyed in the manner specified in the Dangerous Weapons Control Law of the State, unless such property is transferred to the Police Department as provided for in this chapter.

(c)

If the use of any such property is requested by any department of the City, and the property so requested is not subject to destruction under applicable Federal, State, or local laws, after a Council resolution such property shall be transferred to the Purchasing Agent, upon being issued a signed receipt therefor, for distribution to the department making the request and need not be sold. Such property transferred to the Purchasing Agent, shall not be redeemable by the owner or other person entitled to possession.

(d)

Any unclaimed property with a value of not more than $500.00 may be turned over to the Probation Department, to the Welfare Department, or to any charitable or nonprofit organization which is authorized under its articles of incorporation to participate in a program or activity designed to prevent juvenile delinquency and which is exempt from income taxation under Federal or State law, or both, for use in any program designed to prevent juvenile delinquency as provided for in Section 217 of the Welfare and Institutions Code.

(e)

Property which is not disposed of as provided in subsections (a), (b), (c), and (d) of this section shall be sold at public auction to the highest bidder, the time of such public auction to be fixed by the Chief of Police or his or her designee, including any entity contracted to provide auction services.

(1)

The Chief of Police or his or her designee, including any entity contracted to provide auction services shall give notice of the auction sale, at least five (5) days before the time fixed therefor, by publication once in a newspaper of general circulation published in the County. The notice shall state the day and hour when such sale shall commence, the place at which it is to be held, and contain a general description of the property to be sold or refer to a list that is on file with the City Clerk. Such notice shall be signed by the Chief of Police or his or her designee, including any entity contracted to provide auction services.

(2)

Employees of the City and their immediate families shall be prohibited from participating in such public auctions.

(3)

The expenses of such sales shall be a proper charge against the funds of the City, and all proceeds received from such sales, together with all monies unclaimed for a period of six (6) months, shall be delivered to the City Treasurer for deposit in the General Fund.

(f)

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 destroyed or otherwise disposed of in such manner as the City Manager or his authorized representative may direct.

(§ 1, Ord. 465, eff. April 8, 1981 as amended by § 1, Ord. 735, eff. August 23, 1990 and § 1, Ord. No. 1283, eff. February 8, 2018)