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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
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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
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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
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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
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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:
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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
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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
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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
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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
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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:
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MARSHA JONEitMOUTRIE
City Attorn y
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Adopted and approved thIS 10th day of May, 1994
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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
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City Clerk