HomeMy WebLinkAbout6.07 Establish Procedure Disposition Unclaimed Property CITY OF DUBLIN
AGENDA STATEMENT
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CITY COUNCIL MEETING DATE: --February 9, 1987
SUBJECT PUBLIC HEARING: Ordinance Establishing a Procedure
for Disposition of Unclaimed and Stolen Property
EXHIBITS ATTACHED Memorandum from Assistant City Attorney dated
February 13 , 1986; Draft Ordinance
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RECOMMENDATION Open Public Hearing
Receive Staff Presentation
Hear Public Testimony
Close Public Hearing
Waive Reading and Adopt Ordinance
FINANCIAL STATEMENT: Undetermined at this time.
DESCRIPTION As part of the City Attorney and Staff review of the
City ' s existing ordinances, it was determined that the City does not have an
ordinance providing for the disposition of unclaimed and stolen property.
The attached ordinance establishes broad procedures and guidelines for the
disposition of unclaimed and stolen property. Property covered by the
ordinance would either be returned to the owner, offered for public auction,
destroyed or disposed of or used by the City, depending upon the
circumstances .
Staff . will- - subsequently develop a standard procedure to implement the
provisions of the ordinance, particularly those dealing with the handling of
property while in the City ' s custody and in conducting auctions .
This ordinance was introduced at the City Council meeting of January 26,
1987 .
COPIES TO:
ITEM NO. .,14 7
NAVE & SILVER
ATTORNEYS AT LAW OAKLAND OFFICE:
MICHAEL R.NAVE 4014 LAKESHORE AVENUE
ELIZABETH H.SILVER 1220 HOWARD AVENUE. SUITE 250 OAKLAND.CALIFORNIA 94610
P.O. BOX 208 TELEPHONE:14151 420-7855
BURLINGAME. CALIFORNIA
94011-0208 REPLY TO Oakland
(415) 348-7130
MEMORANDUM
TO: Richard Ambrose, City Manager DATE: 2/13/86
FROM: Elizabeth H. Silver
RE: Proposed Ordinance - Unclaimed .and Stolen Property
Attached is an ordinance providing a procedure• for disposition of
unclaimed, stolen or embezzled property. The provisions of this
ordinance are authorized by Civil Code § -2080 et. seq. , and Penal .
Code § 1411 .
iete
Eliza eth H. Silver
EHS/cda
Attachment
cc: Tom Shores, Chief. of Police w/attachment
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ti ORDINANCE NO. - 87
AN ORDINANCE OF THE CITY OF DUBLIN
ESTABLISHING A PROCEDURE FOR DISPOSITION OF
UNCLAIMED AND STOLEN PROPERTY
The City Council of the City of Dublin does ordain as follows:
Section 1. GENERAL: All 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.
Section 2. 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.
Section 3 . ' RESTORATION TO OWNER: The Chief of Police shall
attempt to ascertain the owner of such property and shall restore
the same to him, if found, upon proof of, ownership satisfactory
to, the Chief and payment of the costs herein provided.
Section 4. STORAGE CHARGES: The City Manager shall.
establish a schedule of storage charges for property held as
herein provided, based upon the amount of space and care required
to preserve said 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.
Section 5 . DISPOSITION OF AUTOMOBILES: ' Any unclaimed
automobiles shall be disposed of as provided in California .
Vehicle Code § 22851.2 et seq.
Section 6. DISPOSITION OF STOLEN OR EMBEZZLED PROPERTY:
All property described in Section 1411 of the California Penal
Code which comes into the possession of the Chief of Police shall
be disposed of by the Chief of Police in the manner provided in
this Ordinance.
Section 7 . PUBLIC AUCTION: If within four. (4) months (or
three (3 ) months, in the case of bicycles) such property remains
unclaimed or the charges thereon have not been paid, the City
Manager may sell the same at public auction to the highest bidder
for cash in lawful money of the United States. The Chief of
Police shall give notice of the time and place of sale,
describing the property, by publishing such notice one (1) time
in the official newspaper of the City or if there is' no such
official newspaper, the posting of said notice in at lease three
(3 ) public places in the City of Dublin, at least five (55) 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 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.
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Section 8. PROCEEDS OF SALE: All proceeds from such sales .
shall be deposited in the general fund of the City.
Section -9. EFFECTIVE DATE AND POSTING OF "ORDINANCE. This,
Ordinance shall take effect and be in force thirty (30 ) days from
and after the date of its passage. 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 AND ADOPTED by the City Council of the City of Dublin
on this day of , 1987 ,. by the following vote:
AYES:
NOES:
ABSENT:
Mayor
ATTEST:
City Clerk
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