Loading...
SR-6-B (83) ~ . , 68 CA:atty\muni\strpts\mtt\prop City council Meeting 5/10/94 Santa Monica, Californ1.a MAY 1 0 1991t 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 MAY 1 0 199It 68 i . . CA:f\atty\muni\laws\mtt\prop3.ord Santa Monica, California City Council Meeting 5-10-94 1740 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 1 . . 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, rema1n 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 2 - 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 1n 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 (l) 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 3 . 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 rema1ning 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: 4 = . 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 5 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 Sectlon 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 6 . 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 he 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 Sum~ary sale. Should any such property mentioned in 7 ~ 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 unconst1tutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or 8 -- --- ~ . . . unconstitutional. SECTION 9. The Mayor shall sign and the Ci ty 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 3Q days from its adoption. APPROVED AS TO FORM: ~k~7u~ MARSHA JONEitMOUTRIE City Attorn y 9 . . . Adopted and approved thIS 10th day of May, 1994 o /J; 44 fIayol I hereby eemfy that the foregOIng Ordmanee No 1740 (CCS) was duly and regularly adopted at a meetmg of the CIty Couned on the 10th day of May, 1994. by the followmg CouncIl vote. Ayes Councllmembers' Abdo, Genser, Greenberg, Holbrook. Olsen. Rosenstem, Vazquez Noes Councllmembers None Abstarn Councrlmembers None Absent CouncIlmembers None ATTEST ./ ./ ./ _../""" /.~ "- --.:- '. ~ 1/ ~(,auee ~ I J";'- ~ -- .,,~,,~ ------- City Clerk