HomeMy WebLinkAboutOrd 2019-3455ORDINANCE NO. 3455
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
CHULA VISTA MUNICIPAL CODE SECTION 2.60, LOST
AND STOLEN PROPERTY, TO CHANGE THE TITLE,
MINIMUM HOLDING PERIOD AND TO MAKE OTHER
UPDATES
WHEREAS, the Police, Parks, and Public Works departments of the City routinely
encounter lost or unattended personal property in City parks and other City-owned property; and
WHEREAS, City staff collects, tags, and stores such for safekeeping to give the owner an
opportunity to claim the property; and
WHEREAS, such property is retained at the Police Department, which has limited
capacity, or at 707 F Street, the former City shops building; however, this location will become
unavailable for storage use in the spring of 2019, requiring the City to find alternative means and
locations to store lost and unattended property; and
WHEREAS, Chula Vista Municipal Code section 2.60.010, enacted in 1967, requires
retention of such property for at least six (6) months; and
WHEREAS, pursuant to California Civil Code section 2080.4 and Civil Code section
2080.6, a city may provide by ordinance or regulations for the care, restitution, sale, or
destruction of unclaimed property in the city’s possession, so long as the ordinance requires the
city to hold such unclaimed property for the State-law minimum of ninety (90) days; and
WHEREAS, staff has requested and demonstrated a need to reduce the required retention
period for lost and unclaimed property from six (6) months to ninety (90) days for consistency
with State law and to allow more efficient management of limited storage space in the Police
Department and other City property; and
WHEREAS, Chula Vista Municipal Code section 2.60.150, Vesting of title to unclaimed
property in finder, which applies to a found item turned in by a finder who wants to claim the
item, requires the Police Department to advertise the found item in a newspaper of general
circulation when the item is valued at $25 or more; while these instances are rare, the staff time
and ad costs to City for advertising exceeds the value of the found item because the value
threshold is so low; and
WHEREAS, pursuant to California Civil Code section 2080.3, the value threshold
requiring advertising found property when the finder wishes to claim the item is $250; and
WHEREAS, staff has requested and demonstrated a need to increase the value threshold
for advertising found property in which a finder seeks to claim the item from $25 to $250, to
save staff time and City funds and for consistency with State law; and
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WHEREAS, staff has requested to change the title from “lost and stolen” property to
“unclaimed” property for consistency with State law and the ordinances of other cities.
NOW, THEREFORE the City Council of the City of Chula Vista does ordain as follows:
Section I.
Chapter 2.60
UNCLAIMED PROPERTY*
Sections:
2.60.010 Holding period – Minimum term – Exceptions.
2.60.020 Holding period – Bicycles and perishable material – Sale permitted when.
2.60.030 Sale – Procedure generally.
2.60.035 Transfer of property to city.
2.60.040 Sale – Notice of time and place required.
2.60.050 Sale – Payment of purchase price – Receipt – Transfer of title.
2.60.060 Recovery of property by owner permitted when.
2.60.070 Disposition of proceeds of sale – Generally – Manner of selling items.
2.60.080 Disposition of proceeds of sale – Perishable property procedure.
2.60.090 Responsibility for care and preservation – Liability for loss or damage.
2.60.095 Destruction of unclaimed property – Liability for destruction.
2.60.100 Identification tag required – Contents.
2.60.110 Register to be maintained – Contents.
2.60.120 Chapter not applicable to animals.
2.60.130 Identification markings for certain impounded articles – Purpose and intent.
2.60.140 Identification markings for certain impounded articles – Procedure authorized.
2.60.150 Vesting of title to unclaimed property in finder.
* For statutory provisions regarding the disposition of lost or unclaimed property, see Civil
Code § 2080, et seq.; for authority for municipalities to regulate the disposition of lost property
in the hands of the police, see Civil Code § 2080.4.
CROSS REFERENCE: Purchasing Systems, see Ch. 2.56 CVMC.
2.60.010 Holding period – Minimum term – Exceptions.
All unclaimed personal property, except animals, bicycles and perishable property, in the
possession of the police department or other City department shall be held by the police
department or other City department for a period of at least 90 days. (Ord. 1067 § 1, 1967; prior
code § 2.37).
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2.60.020 Holding period – Bicycles and perishable material – Sale permitted when.
Unclaimed perishable property may be sold at public auction or transferred in the manner set
forth in this chapter for personal property other than perishable property, prior to the expiration
of the 90-day period. Bicycles may be sold at public auction in the same manner, or donated to a
nonprofit, charitable organization designated by the chief of police, after being held by the police
department for a period of at least 90 days. (Ord. 2657 § 1, 1995; Ord. 2098 § 1, 1985; Ord. 1067
§ 1, 1967; prior code § 2.38).
2.60.030 Sale – Procedure generally.
After holding such unclaimed property for the period described herein, the same shall be sold by
the chief of police, or his duly authorized representative, at public auction to the highest bidder
or, in the case of unclaimed bicycles only, may be donated to a nonprofit, charitable organization
designated by the chief of police. Any donation of bicycles shall be made pursuant to department
policy for designation of eligible nonprofit, charitable organizations, which shall set forth
standards including, but not limited to: that the recipient organization will use the bicycles for
donation to youths determined to be “at risk” or of special financial need and that donations of
bicycles will not be made to members of the police department or their respective families.
Alternatively, pursuant to the provisions of CVMC 2.60.035, said unclaimed property may be
transferred to the city. (Ord. 2657 § 2, 1995; Ord. 2098 § 1, 1985; Ord. 1067 § 1, 1967; prior
code § 2.39).
2.60.035 Transfer of property to city.
Upon recommendation of the chief of police or his duly authorized representative, the city
purchasing agent may determine that unclaimed property is suitable for use by the city. The
provisions of this chapter relating to the holding period and notice shall be complied with prior to
the transfer to and acquisition by the city. (Ord. 2098 § 2, 1985).
2.60.040 Sale – Notice of time and place required.
Prior to the sale at public auction or transfer, notice of the time and place of such sale and articles
to be sold or transferred shall be given by the chief of police, at least five days before the time
fixed therefor, by publication once in a newspaper of general circulation published in the city.
(Ord. 2098 § 1, 1985; prior code § 2.40).
2.60.050 Sale – Payment of purchase price – Receipt – Transfer of title.
At the time of the sale of any unclaimed property, the purchaser shall pay the cash purchase price
into the finance department, and the finance department shall issue a validated receipt for such
money for the personal property being purchased, and the chief of police or the authorized
member of his department shall, upon presentation of such validated receipt, transfer such
property to the purchaser. (Prior code § 2.40.1).
2.60.060 Recovery of property by owner permitted when.
Any person may claim property in possession of the police department at any time prior to the
first publication of notice of sale or transfer by proving, to the satisfaction of the chief of police,
ownership of such property and paying the required fee(s). (Ord. 2506 § 1, 1992; Ord. 2098 § 1,
1985; prior code § 2.41).
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2.60.070 Disposition of proceeds of sale – Generally – Manner of selling items.
All moneys derived from the sale of unclaimed property other than perishable property shall be
deposited in the general fund of the city and shall belong to the city. If more than one article is
offered for sale at auction, they may be sold individually or collectively, as the chief of police
may determine. (Prior code § 2.42).
2.60.080 Disposition of proceeds of sale – Perishable property procedure.
All moneys, if any, derived from the sale of unclaimed perishable property shall be held for the
owner of such property, providing he shall prove ownership of the perishable property prior to
the expiration of the period of 90 days from the date of first possession of such property by the
chief of police. If no owner claims such property within the 90-day period, then the moneys
derived from such sale shall be placed in the general fund of the city. (Prior code § 2.43).
2.60.090 Responsibility for care and preservation – Liability for loss or damage.
The chief of police or City staff designated by the chief of police shall be responsible for the care
and preservation of the unclaimed property hereinbefore referred to, until the same is sold,
destroyed, or returned to the lawful owner thereof, but in no event shall the chief of police,
designated staff or the city be liable in damages for the loss or damage to such unclaimed
property. (Ord. 2147 § 3, 1986; prior code § 2.44).
2.60.095 Destruction of unclaimed property – Liability for destruction.
The chief of police or his representative may destroy all unclaimed property after holding the
unclaimed property for the period prescribed herein, with no owner appearing and proving
ownership of the property within the prescribed period, or the unclaimed property may be
destroyed upon the failure of the property to be sold at public auction pursuant to this chapter;
but in no event shall the chief of police or the city be liable for damages for the destruction of
such unclaimed property. (Ord. 2147 § 2, 1986).
2.60.100 Identification tag required – Contents.
Each article of unclaimed property shall be identified with a tag on the same, showing the first
date of possession by the chief of police and the circumstances surrounding his acquisition of
possession. (Prior code § 2.45).
2.60.110 Register to be maintained – Contents.
The chief of police or City staff designated by the chief of police shall maintain a register of all
unclaimed property received by the police department. Such register shall describe each item of
property; the time, date and place it was received; the name of the person from whom it was
received; and the circumstances surrounding its receipt, together with the date and manner of
disposition of such property. (Prior code § 2.45.1).
2.60.120 Chapter not applicable to animals.
This chapter shall not apply to lost, strayed or unclaimed animals. (Prior code § 2.46).
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2.60.130 Identification markings for certain impounded articles – Purpose and intent.
It is the purpose and intent of the city council to establish a procedure which authorizes the
police department of the city to place identifying numbers upon certain articles which have been
impounded during the course of investigation of theft, where said articles have had the
identifying numbers removed or obliterated, thus making the possession of said articles illegal
under the provisions of Section 537E of the California Penal Code. Said procedure is also
intended for application to any articles which come into the possession of the police department
for control or custody by any other process and which may also have had any identifying
numbers or markings obliterated therefrom. (Ord. 1193 § 1, 1969; prior code § 2.10.1).
2.60.140 Identification markings for certain impounded articles – Procedure authorized.
The chief of police is authorized and directed to assign a distinguishing number or identification
mark and affix said number or mark to any item, from which the manufacturer’s name plate,
serial number or any other distinguishing number or identification mark has been removed,
defaced, covered, altered or destroyed, so that said article may be properly and legally returned
to the possession of the person legitimately entitled to the ownership and possession thereof.
(Ord. 1193 § 1, 1969; prior code § 2.10.2).
2.60.150 Vesting of title to unclaimed property in finder.
A. Valuation of $250.00 or More. If the reported value of the property is $250.00 or more and no
owner appears and proves his 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. If after seven days following the first publication of the notice, no owner appears and
proves his 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 any public agency, in
which case the property shall be sold at public auction. 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
the required fee(s) is first paid to the city, county, or city and county whose police department
caused the notice to be published.
B. Valuation of Less Than $250.00. If the reported value of the property is less than $250.00 and
no owner appears and proves his 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 any public agency, in which case the property shall be sold at
public auction.
C. Exception – Bicycle. If the found or saved property is a bicycle, if no owner appears and
proves ownership of the bicycle within 90 days, the title shall not vest in the person who found
or saved the bicycle. All such unclaimed bicycles shall be sold at public auction or donated for
charitable purposes pursuant to this chapter. (Ord. 2657 § 3, 1995; Ord. 2506 § 1, 1992; Ord.
2147 § 1, 1986; Ord. 1766 § 1, 1977).
Section II. Severability
If any portion of this Ordinance, or its application to any person or circumstance, is for
any reason held to be invalid, unenforceable or unconstitutional, by a court of competent
jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or
unconstitutionality shall not affect the validity or enforceability of the remaining portions of the
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Ordinance, or its application to any other person or circumstance. The City Council of the City of
Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase
of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses
or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional.
Section III. Construction
The City Council of the City of Chula Vista intends this Ordinance to supplement, not to
duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in
light of that intent.
Section IV. Effective Date
This Ordinance shall take effect and be in force on the thirtieth day after its final passage.
Section V. Publication
The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause
the same to be published or posted according to law.
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Presented by Approved as to form by
Tracy Lamb Glen R. Googins
Director of Community Services City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 16th day of April 2019, by the following vote:
AYES: Councilmembers: Diaz, Galvez, McCann, Padilla, and Casillas Salas
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
Mary Casillas Salas, Mayor
ATTEST:
Kerry K. Bigelow, MMC, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Kerry K. Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Ordinance No. 3455 had its first reading at a regular meeting held on the 9th day of April 2019
and its second reading and adoption at a regular meeting of said City Council held on the 16th
day of April 2019; and was duly published in summary form in accordance with the
requirements of state law and the City Charter.
Dated Kerry K. Bigelow, MMC, City Clerk
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