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HomeMy WebLinkAboutOrd 1986-2147 ORDINANCE NO. 2147 AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 2.60 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO LOST AND STOLEN PROPERTY The City Council of the City of Chula Vista does ordain as follows: SECTION I: That Section 2.60.150 of Chapter 2.60 of the Chula Vista Municipal Code be, and the same is hereby amended by adding Paragraph C, to read as follows: Sec. 2.60,150 Vesting of Title to Unclaimed Property in Finder - Exception. A. Valuation of Twenty-Five Dollars or More. If the reported value of property is twenty-five dollars or more and no owner appears and proves ownership of the property within ninety 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 succeessful bidder at the public auction unless the cost of publication 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 Twenty-Five Dollars. If the reported value of the property is less than twenty-five dollars and no owner appears and proves his ownership of the property within ninety 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 ninety 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 pursuant to this chapter. SECTION II: That Chapter 2.60 of the Chula Vista Municipal Code be, and the same is hereby amended to add a new Section 2.60.095 to read as follows: Sec. 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 proscribed periodr 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. SECTION III: That Section 2.60.090 of Chapter 2.60 of the Chula Vista Municipal Code be, and the same is hereby amended to read as follows: Sec. 2.60.090 Responsibility for care and preservation - Liability for loss or damage. 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 or the city be liable in damages for the loss or damage to such unclaimed property. SECTION IV: This ordinance shall take effect and be in full force on the thirty-first day from and after its second reading and adoption. Presented by Approved as to form by ~db cw , Director of Charles R. Gill, Assistant City Attorney 0893a FIRST READ AT A REGULAR MEETING OF THE CITY COUNCIL OF THE 'ITY OF CHULA VISTA, CALIFORNIA, HELD April i5 . 19 86 · AND FINALLY PASSED AND ADOPTED AT A REGULAR MEETING THEREOF HELD April 22 ~ 19 ee , BY THE FOLLOWING VOTE· TO-WIT: AYES: Councilmen: COx, Malcolm, Moore, McCandliss NAYES: Councilmen: None ABSTAIN: Councilmen: None ABSENT: Councilmen: None Chula Vista ,,-'~ / Tvla'~ ~f(~the City of ATTES ':: / ' ~C~ty Clerk " ,~TATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) s s. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Vista, California, DO HEREBY CERTIFY that the above and foregoing is o full, true and correcf copy of ORDINANCE NO, 2147 ,and that the some has not been amended or repealed. DATED ~ City Clerk CITY OF CHULA VlS1'A CC-660 ORDINANCE NO. 2147 AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 2.60 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO LOST AND STOLEN PROPERTY By a unanimous vote on April 22, 1986, the City Council placed the ordinance on second reading and adoption. The amendments to the Municipal Code would allow the City to auction unclaimed bicycles which are not claimed within 90 days and allows for the destruction of found property not claimed and not sold at public auctions. Copies of the ordinance may be obtained from the office of the City Clerk, City Hall, 276 Fourth Avenue, Chula Vista, CA. Dated: 4/28/86 e~nnie~. Fulasz, ~