ITEM 8-A
City Council Meeting 4-26-94 Santa Monica, California
STAFF REPORT
TO: Mayor and City Council
FROM: City Attorney
SUBJECT: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTIONS
2.32.210 to 2.32.260 REGARDING DISPOSITION OF UNCLAIMED
PROPERTY
The Santa Monica Municipal Code currently provides a
procedure for the disposition of unclaimed property by the Chief
of Police. The current law provides procedures and time periods
which exceed the requirements of state law. The purpose of this
proposed ordinance is to conform the City's requirements to those
imposed by state law.
A. Summary of Proposed Ordinance.
This proposed ordinance would amend the Santa Monica
Municipal Code to make the procedures and time periods consistent
with state law in the following manner:
(1) Section 2.32.210 would permit
unclaimed property to be placed in the
custody of the Police Department and provides
that the owner of the property or money has
90 days, rather than 120 days, to provide
proof of ownership.
(2) Section 2.32.220 sets forth the
procedures to follow if the true owner does
not claim the property. If the value of
property is more than $250.00, the Police
Department shall:
(a) Wait 90 days for the true owner to claim
the property;
(b) If no owner appears, publish a notice
once in a newspaper of general
circulation and if the owner does not
appear in the seven (7) days after
publication, ownership vests in the
finder upon payment of the cost of
publication;
(c) If a public employee is the finder of
the property, it shall be sold at a
public auction.
If the value of the property is less than
$250.00, the Police Department shall:
(a) Wait 90 days for the true owner to claim
the property;
(b) If no owner claims the property within
the 90 days, title vests in the finder
of the property;
(c) If a public employee is the finder of
the property, it shall be sold at a
public auction.
Property which remains unclaimed is to
be sold at public auction to the highest
bidder and if no bid is received, the City
can destroy or otherwise dispose of the
property. If any property subject to auction
is needed by the City, it may be retained by
the City and not put up to bid.
(3) Section 2.32.230 provides that
money which is held by the Police Department
or a combination of the Transportation
Department and the Police Department for six
months is to be turned over to the Finance
Director for deposit into the general fund.
(4) Section 2.32.240 provides
procedures for receipt of lost money or
property by the Police Department.
(5) Section 2.32.250 provides
procedures for receipt of lost money or
property by the Transportation Department.
(6) Section 2.32.260 provides for a
summary procedure if the property is in
danger of perishing; losing the greater part
of its value; or if the lawful charges amount
to two-thirds of the value of the property.
B. Changes From Current Municipal Code.
The main changes to the Municipal Code are shortening the
time period for holding property from 120 days to 90 days;
elimination of the requirement of putting property up for public
auction twice before it can be destroyed or otherwise disposed of
by the City; and elimination of requirements of publishing a
notice after the 90 day period if the property is less than
$250.00 in value. The ordinance also updates the code so that it
refers accurately to the departments which have duties under
these provisions.
RECOMMENDATION
It is respectfully recommended that the accompanying
ordinance be adopted.
PREPARED BY: Marsha Jones Moutrie, City Attorney
Martin T. Tachiki, Chief Deputy City Attorney
ORDINANCE NUMBER ______(CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING SANTA MONICA
MUNICIPAL CODE SECTIONS 2.32.210 to 2.32.260
REGARDING DISPOSITION OF UNCLAIMED PROPERTY
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section 2.32.210 is
amended to read as follows:
2.32.210 Custody of Chief of the Police
Department.
The person to whom such money or
property is delivered shall cause the same to
be delivered to the custody of the Chief of
Police Department, which who shall care for
and protect all such money or property, or
any other lost money or property delivered
into the custody of the Police Department,
coming into its his possession. Said Chief
shall restore such property or money to its
If the true owner or the one entitled to
possession of the money or property appears
within 90 days of receipt of the money or
property by the Police Department, the Police
Department shall restore such property or
money upon proof of ownership or right to
possession satisfactory to them him and upon
the payment of all necessary costs incurred
in the care and protection of such property.
SECTION 2. Santa Monica Municipal Code Section
2.32.220
is amended to read as follows:
2.32.220 Notice of sale.
Should any such property, other than
money, remain unclaimed by its true owner,
the Chief of Police Department shall follow
the procedures set forth below: cause the
same to be sold at public auction to the
highest bidder, provided that:
(1) If the reported value of the
property is two hundred fifty dollars
($250.00) or more and no owner appears and
proves his or her ownership of the property
within 90 days, the Police Department shall
cause notice of the property to be published
at least once in a newspaper of general
circulation in the City. If, after seven
days following the first publication of the
notice, no owner appears and proves his or
her ownership of the property and the person
who found or saved the property pays the cost
of the publication, 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 a public
agency, in which case the property shall be
sold at public auction to the highest bidder.
Title to the property shall not vest in the
person who found or saved the property or in
the successful bidder at the public auction
unless payment of all necessary costs
incurred in the care and protection of such
property, including the cost of publication,
is first paid to the City of Santa Monica.
(2) If the reported value of the
property is less than two hundred fifty
dollars ($250.00) and no owner appears and
proves his or her ownership of the property
within 90 days, 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 a public agency,
in which case the property shall be sold at
public auction to the highest bidder.
(3) If personal property is not claimed
under subsections (1) or (2) above, the
Police Department shall cause the personal
property to be sold at public auction to the
highest bidder. The Police Department shall
have a notice of sale given at least five (5)
days before the public auction by publication
once in a newspaper of general circulation
published in the City. The notice shall
contain a statement of the time and place
fixed for such auction, together with a
schedule of property to be offered for sale.
Immediately after the completion of any such
sale, the Police Department shall report to
the Finance Director the necessary expenses
of such sale actually incurred and a
statement of the proceeds thereof and shall
forthwith pay to the Finance Director for
deposit in the general fund, the proceeds
remaining after the payment of the expenses
actually incurred.
(4) Any property remaining unsold after
being offered at such public auction may be
destroyed or otherwise disposed of by the
City. (5) If the City determines that any
property which could be put up for public
auction is needed for a public use, such
property may be retained by the City and need
not be sold.
1. Such unclaimed property, except
unclaimed bicycles, shall be held in the
custody of the Chief of Police for a period
of at least four months prior to such sale;
and
2. That unclaimed bicycles shall be held
in the custody of the Chief of Police for a
period of at least three months prior to such
sale.
Notice of such sale shall be published
two days in a newspaper published daily and
of a general circulation in the city; the
first publication shall be at least five days
prior to the time fixed for said auction.
Said notice shall contain a statement of the
time and place fixed for such auction,
together with a schedule of property to be
offered for sale. Immediately after the
completion of any such sale, said Chief of
Police shall report to the City Controller
the necessary expenses of such sale actually
incurred and a statement of the proceeds
thereof and shall forthwith pay to the City
Controller for deposit in the general fund,
the proceeds remaining after the payment of
the expenses actually incurred. If there be
no bids for any such property offered for
sale at such auction, the property again
shall be offered for sale together with other
such unclaimed property at the next auction
sale. If such property is not sold at the
second auction sale, it shall be turned over
to the City Manager who shall make such
disposition thereof in the public interest as
he shall deem fit.
SECTION 3. Santa Monica Municipal Code Section
2.32.230 is
amended to read as follows:
2.32.230 Finance DirectorCity
Controller.
Any such money in the custody of the
Chief of Police Department or the
Transportation Department under Section
2.32.250, which remains unclaimed by its true
owner for a period of six months from the
date of finding shall be turned over to the
Finance Director City Controller for deposit
in the general fund.
SECTION 4. Santa Monica Municipal Code Section
2.32.240 is
amended to read as follows:
2.32.240 Receipt.
Whenever any lost money or property is
delivered to the custody of the Chief of
Police Department by other than a person
mentioned in Section 2.32.200 hereof, a
receipt for such money or property shall be
given to such person. Said receipt shall
state upon what conditions the Police
Department will receive such money or
property and that such property may be
disposed of in accordance with the provisions
of this Chapter. Any such property, bicycle
or money which remains in the custody of the
Chief of Police Department, unclaimed by its
true owner, for the period provided for such
item in Section 2.32.220 or Section 2.32.230
shall be disposed of in the manner provided
by such Sections. In no event, however, shall
such a sale of property or deposit of money
in the general fund be made unless the person
who delivered such money or property into the
custody of the Chief Police Department, if
known, shall have been given at least ten
five days written notice that such money is
to be turned over to the City Controller
Finance Director for deposit in the general
fund or that such property is to be put up
for sale at public auction, and if within
said ten five day period said person shall
claim such money or property and establish
that he or she delivered the same into the
custody of said Chief of Police Department,
the same shall be returned to him or her.
SECTION 5. Santa Monica Municipal Code Section
2.32.250 is
amended to read as follows:
2.32.250 Buses.
Not withstanding anything to the
contrary contained in Section 2.32.200
hereof, any lost money or property found in
or upon any bus belonging to the City or in
or upon any building occupied by the
Transportation Department of the City shall
be delivered into the custody of the head of
the Transportation Department of the City,
which person shall care for and protect all
such money or property coming into his or her
possession. Said department head shall
restore such property or money to its true
owner or the one entitled to possession upon
proof of ownership or right to possession
satisfactory to said department head and upon
the payment of all necessary costs incurred
in the care and protection of such property.
Should any such property or money be not
restored within a period of ninety days from
the date of finding, said department head
shall cause such property or money to be
delivered into the custody of the said Chief
of Police Department, which shall follow the
procedures set forth at Sections 2.32.220 and
2.32.240 for the sale of personal property
or, if money remains unclaimed for an
additional 90 days, the deposit of money into
the general fund pursuant to Section
2.32.230. who shall hold and dispose of such
property or money as provided for in this
Chapter.
SECTION 6. Santa Monica Municipal Code Section
2.32.260 is
amended to read as follows:
2.32.260 Summary sale.
Should any such property mentioned in
Sections 2.32.200 and 2.32.210, while in
hereof coming into the custody of the Chief
of Police Department be in danger of
perishing or losing the greater part of its
value or should the lawful charges as a
finder of such property amount to two-thirds
of its value, the same may be sold
immediately by said Chief the Police
Department in the same manner as the sale of
a thing pledged and the provisions of Section
2.32.220 hereof shall not apply to the sale
thereof.
SECTION 7. Any provision of the Santa Monica
Municipal Code
or appendices thereto inconsistent with the provisions of this
Ordinance, to the extent of such inconsistencies and no further,
are hereby repealed or modified to that extent necessary to
effect the provisions of this Ordinance.
SECTION 8. If any section, subsection, sentence, clause, or
phrase of this Ordinance is for any reason held to be invalid or
unconstitutional by a decision of any court of any competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby
declares that it would have passed this Ordinance, and each and
every section, subsection, sentence, clause, or phrase not
declared invalid or unconstitutional without regard to whether
any portion of the Ordinance would be subsequently declared
invalid or unconstitutional.
SECTION 9. The Mayor shall sign and the City Clerk shall
attest to the passage of this Ordinance. The City Clerk shall
cause the same to be published once in the official newspaper
within 15 days after its adoption. This Ordinance shall become
effective after 30 days from its adoption.
APPROVED AS TO FORM:
____________________________
MARSHA JONES MOUTRIE
City Attorney