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HomeMy WebLinkAboutOrd 25-07 Uncliamed Property ORDINANCE NO. 25-07 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN *********************************** AMENDING CHAPTER 2.40 OF THE DUBLIN MUNICIPAL CODE RELATING TO UNCLAIMED PROPERTY AND ADDING A DEFINITION TO SECTION 1.04.020 OF THE DUBLIN MUNICIPAL CODE RECITALS WHEREAS, pursuant to California Civil Code Section 2080 et seq., the City of Dublin ("City") may adopt reasonable regulations for the care, restitution, sale or destruction of unclaimed property in its possession, subject to certain requirements set forth in the Civil Code; and WHEREAS, the City of Dublin Municipal Code Chapter 2.40 provides regulations for the care, restitution, sale and destruction of unclaimed property within the City; WHEREAS, the City Council desires to amend these regulations to clarify the regulations and ensure that the regulations conform to current law; and WHEREAS, the City Council desires to set forth the definition of "County" in Dublin Municipal Code Section 1.04.020. NOW, THEREFORE, the City Council of the City of Dublin does hereby ordain as follows: Section 1. Chapter 2.40 of the Dublin Municipal Code is revised as follows, with deletions indicated in strikethrough and additions indicated in underline: 2.40.010 Disposition of property-Generally. Except as otherwise provided in this chapter, all unclaimed property found in this City whose ownership is unknown or unclaimed shall be delivered to, and held and disposed of by the City Manager, as herein provided. 2.40.020 Retention period. All such unclaimed property described above shall be held by the City for a period of at least four (4) months, except that unclaimed bicycles shall be held for a period of at least three (3) months. 2.40.030 Restoration to owner. The City Manager shall attempt to ascertain the owner of such unclaimed property, ifhis or Page 1 of 4 her identity is reasonably ascertainable, and shall restore the same to him or her, iffound, upon proof of ownership satisfactory to the City Manager and payment of the costs herein provided. 2.40.040 Claims by finder. A. Unclaimed property with a value of less than $250 received by the City from a person who has found it and who has turned it over to the City may be claimed by such finder if no owner appears and proves ownership within 90 days. Such claim shall be made to the City Manager in writing no later than 120 days after the property is received by the City. B. Unclaimed property with a value of $250 or more received by the City from a person who has found it and who has turned it over to the City may be claimed by such finder if no owner appears and proves ownership within 90 days. Such claim shall be made to the City Manager in writing no later than 120 days after the property is received by the City, along with payment to the City of the cost of publication of a notice of the found property in a newspaper of general circulation, which notice the City Manager shall then publish. If the property remains unclaimed by the owner for an additional ten (10) days from the date of such publication, the City Manager shall transfer the property to the finder upon payment to the City of storage costs as provided in Section 2.40.050. C. The City Manager shall determine the value of unclaimed property for purposes of subsections A and B above. D. This section shall not apply where the unclaimed property was found in the performance of duties by an employee of the City, or any person performing services for the City as a consultant or independent contractor, or where the finder is a person prohibited by law from possessing such property. 2.40.0450 Storage charges. The City Council shall establish a schedule of storage charges for property held as herein provided, based upon the amount of space and care required to preserve the property, but small articles held for short periods may be restored to their owner without charge. Record shall be kept of the actual cost of locating the owner of such property, including advertising costs, if any. Such charges and costs shall be paid to the City by the owner as provided above. 2.40.060 Disposition of automobiles. Any unclaimed automobiles shall be disposed of as provided in California Vehicle Code Section 22851.2 et seq. 2.40.070 Disposition of money Any unclaimed money held in the treasury of the City shall be disposed of pursuant to Section 50050 of the Government Code. Page 2 of4 2.40.080 Disposition of property subject to state or federal law. Stolen or embezzled property, weapons and narcotics shall be disposed of in accordance with applicable state or federal. 2.40.090 Public auction. A. If, after a period of at least four (4) months (or three (3) months, in the case of bicycles), or after the expiration of the periods set forth in Section 2.40.040, such property remains unclaimed or the charges thereon have not been paid, the City Manager shall have the administrative authority to sell the unclaimed property at public auction, whether held by the City or provided through an auction service, to the highest bidder for cash in lawful money of the United States, except that unclaimed property that, in the determination of the City Manager, has no monetary value, may be destroyed unless some other disposition of such property would serve the public interest. B. The City Manager shall give notice of the time and place of sale, describing the property, by publishing such notice one (1) time in a newspaper of general circulation published in the County, at least five (5) days before the time fixed for the sale. Any property remaining unsold after being offered at such public auction may be destroyed or otherwise disposed of by the administrative authority of the City Manager. If the City Manager determines that any such property is needed for a public use, such property may be retained by the Ceity and need not be sold. 2.40. 100 Proceeds of sale. All proceeds from such sales shall be deposited in the general fund of the City. Section 2. The following definition is added to Section 1.04.020 of the Dublin Municipal Code, and all other provisions of Section 1.04.020 shall remain in full force and effect: "County" means the County of Alameda, California. Section 3. Severability. The provisions of this Ordinance are severable and if any provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the ordinance or their applicability to other persons or circumstances. Section 4. Effective Date. This Ordinance shall take effect and be enforced thirty (30) days following its adoption. Page 3 of4 2.40.080 Disposition of property subject to state or federal law . Stolen or embezzled property, weapons and narcotics shall be disposed of in accordance with applicable state or federal. 2.40.090 Public auction. A. If, after a period of at least four (4) months (or three (3) months, in the case of bicycles), or after the expiration ofthe periods set forth in Section 2.40.040, such property remains unclaimed or the charges thereon have not been paid, the City Manager shall have the administrative authority to sell the unclaimed property at public auction, whether held by the City or provided through an auction service, to the highest bidder for cash in lawful money of the United States, except that unclaimed property that, in the determination of the City Manager, has no monetary value, may be destroyed unless some other disposition of such property would serve the public interest. B. The City Manager shall give notice of the time and place of sale, describing the property, by publishing such notice one (1) time in a newspaper of general circulation published in the County, at least five (5) days before the time fixed for the sale. Any property remaining unsold after being offered at such public auction may be destroyed or otherwise disposed of by the administrative authority of the City Manager. If the City Manager determines that any such property is needed for a public use, such property may be retained by the City and need not be sold. 2.40.100 Proceeds of sale. All proceeds from such sales shall be deposited in the general fund of the City. Section 2. The following definition is added to Section 1.04.020 of the Dublin Municipal Code, and all other provisions of Section 1.04.020 shall remain in full force and effect: "County" means the County of Alameda, California. Section 3. Severability. The provisions of this Ordinance are severable and if any provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the ordinance or their applicability to other persons or circumstances. Section 4. Effective Date. This Ordinance shall take effect and be enforced thirty (30) days following its adoption. Page 3 of4 Section 5. Posting. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. PASSED, APPROVED AND ADOPTED this 4th day of December 2007. AYES: Councilmembers Hildenbrand, Oravetz, Sbranti, Scholz and Mayor Lockhart NOES: None ABSENT: None ABSTAIN: None ATTEST: ~ Parkinson, Interim City Clerk Page 4 of 4