HomeMy WebLinkAboutNS-2119 - Amending Section 2-705 of Santa Ana Municipal Code Pertaining to Disposal of Unclaimed Property
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29B
ORDINANCE NS-2119
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA AMENDING SECTION 2-705
OF THE SANTA ANA MUNICIPAL CODE PERTAINING
TO DISPOSAL OF UNCLAIMED PROPERTY
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOW:
Section 1: That Section 2-705 of the Santa Ana Municipal
is hereby amended 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 the state as the
same now exists or may hereafter be amended, and
provisions of this section shall not prevail insofar as
they may be inconsistent with state statutes.
Such property must be held by the police
department for at least three (3) months. After property
has been held for the period prescribed above and
accumulations 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 such 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 employed professional auctioneer.
Property for which no bid is made at such sale may be
given to a nonprofit charitable organization 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 dispense 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 public purposes shall become the
294
ORDINANCE NO. NS-2119
Page two
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 validity
of the remaining portions of this ordinance. The city council of
the city of Santa Ana hereby declares that it would have adopted
this ordinance and each section, subsection, sentence, clause,
phrase or portion thereof irrespective of the fact that anyone 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 provision
applicable to any violation thereof, nor to affect the validity of
any bond or cash 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.
ADOPTED this 1st
April
199~.
day of
ATTEST:
~1!~
Mayor
~q. ~.~
nice c. Guy
Clerk of the Counci
COUNCILMEMBERS:
Young
Pulido
Acosta
Griset
McGuigan
Norton
Richardson
Aye
Aye
Ayp
Aye
Aye
Aye
Aye
APPROVED AS TO FORM:
~d6;r
city Attorney
--
1
CERTIFICATE OF ORIGINALITY & PUBLICATION
state of California
County of Orange
I, JANICE C. GUY, Clerk of the Council, do hereby certify the
attached Ordinance
NS-2119
to be the original ordinance
adopted by the City Council of the City of Santa Ana on
4- / - 7/
; and that said ordinance was published in
accordance with the Charter of the City of Santa Ana.
y.
Clerk of the cou~,
City of Santa Ana
Date
295
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