HomeMy WebLinkAboutNS-1251ORDINANCE NO. NS-1251
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA AMENDING SECTION 2-705
OF THE SANTA ANA MUNICIPAL CODE TO PROVIDE
FOR APPROPRIATE DISPOSITION OF UNCLAIMED
PROPERTY
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
SECTION l: That the Santa Ana Municipal Code is hereby
amended by repealing and re-enacting Section 2-705 thereof to
read as follows:
Sec. 2-705. Disposal of Unclaimed Property.
Whenever unclaimed property found, recovered or held by
the police department shall accumulate to the point where the
chief of police desires to dispose of the same, it may be sold
after complying with the provisions of Section 2080.4 of the
Civil Code of this state as the same now exists or may here-
after be amended, and provisions of this section shall not pre-
vail insofar as they may be inconsistent with state statutes.
Such property must be held by the police department for
at least four (4) months; except unclaimed bicycles, which
must be held for a period of at least three (3) months. After
property has been held for the period prescribed above and accumu-
lations are deemed adequate in number of items for the conduct of
an auction, the property may be transferred to the purchasing
division for sale to the public at public auction. Notice of
such auction sale will be given by the purchasing and property
control officer at least five (5) days before the time fixed
therefor by publication once in the newspaper publishing city
legal notices.
After said notices are given, the sale shall be conducted by
the purchasing and property control officer or, with the
approval of the city manager, some other city employee or em-
ployed professional auctioneer. Property for which no bid is
made at such sale may be given to a non-profit charitable orga-
nization or destroyed as the purchasing and property control
officer may direct.
If the purchasing and property control officer determines
that unclaimed property transferred to his jurisdiction for sale
is needed for a public use, he may retain such property and dis-
pense with the provisions of this section pertaining to sale.
The purchasing and property control officer shall thereafter
account for such property as though it had been acquired by the
city through regular purchasing procedures, with the exception
that accountability for the use and disposition of unclaimed
property transferred back to the police department for official
police purposes shall become the responsibility of the chief of
police.
SECTION 2: If any section, subsection, sentence, clause
phrase or portion of this ordinance is for any reason held to
be invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the vali-
dity of the remaining portions of this ordinance. The City Coun-
cil of the City of Santa Ana hereby declares that it would have
ORDINANCE NO. NS-1251
· PAGE TWO
adopted this ordinance and each section, subsection, sentence,
clause, phrase or portion thereof irrespective of the fact that
any one or more sections, subsections, sentences, ~clauses phrases
or portions be declared invalid or unconstitutional.
SECTION 3: Neither the adoption of this ordinance nor the
repeal hereby of any ordinance shall in any manner affect the
prosecution for violation of ordinances, which violations were
committed prior to the effective date hereof, nor be construed
as affecting any of the provisions of such ordinance relating
to the collection of any such license or penalty or the penal
provisions applicable to any violation thereof, nor to affect
the validity of any bond or case deposit in lieu thereof, required
to be posted, filed or deposited pursuant to any ordinance and
all rights and obligations thereunder appertaining shall continue
in full force and effect.
AF£TTnN 4: The Clerk of the Council shall certify to the
passage and adoption of this ordinance and shall cause the same
to be published in the official newspaper of the City of Santa
Ana within fifteen (15) days after its adoption.
SECTION 5: This ordinance shall take effect thirty (30)
days from and after the date of its adoption.
PASSED AND ADOPTED by the City
Ana at its adjourned regular
of March ,
ATTEST:
Council of the City of Santa
meeting held on the 10t5 day
1975.
MAYOR
CLERK OF THE COUNCIL
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SANTA ANA )
I, FLORENCE I. MALONE, do hereby certify that I am the Clerk
of the Council of the City of Santa Ana; that the foregoing Ordi-
nance was introduced to said Council at its
regular meeting held on the 18th day of February ,
1975, and was again considered by said Council ~'~ its adjourned
regular meeting held on the lOth day of March ,
1975, and was at said meeting passed and adopted by the following
vote, to wit:
AYES,
COUNCILMEN: Griset, Markel, Yamamoto, Garthe
NOES, COUNCILMEN: Ward, Evans, Bricken
ABSENT, COUNCILMEN: None
ORDINANCE NO.
PAGE THREE
NS- 1251
CLERK OF THE COUNCIL
AP~ED AS TO FORM: