ITEM 6-B
City Council Meeting 5/10/94 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
At its meeting on April 26, 1994, the City Council
introduced for first reading 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 ordinance is now presented to the City Council for
adoption.
RECOMMENDATION
It is respectfully recommended that the accompanying
ordinance be adopted.
PREPARED BY: Marsha Jones Moutrie, 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 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 Police
Department, which 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
possession. 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 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 Police Department shall follow the
procedures set forth below:
(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.
SECTION 3. Santa Monica Municipal Code Section
2.32.230 is
amended to read as follows:
2.32.230 Finance Director.
Any such money in the custody of the
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
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 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
or money which remains in the custody of the
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 Police Department, if known,
shall have been given at least five days
written notice that such money is to be
turned over to the 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 five day period
said person shall claim such money or
property and establish that he or she
delivered the same into the custody of the
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 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.
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
the custody of the 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 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