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ORDINANCE NO. NS-1251 <br /> <br />AN ORDINANCE OF THE CITY COUNCIL OF THE <br />CITY OF SANTA ANA AMENDING SECTION 2-705 <br />OF THE SANTA ANA MUNICIPAL CODE TO PROVIDE <br />FOR APPROPRIATE DISPOSITION OF UNCLAIMED <br />PROPERTY <br /> <br /> THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS <br />FOLLOWS: <br /> <br /> SECTION l: That the Santa Ana Municipal Code is hereby <br />amended by repealing and re-enacting Section 2-705 thereof to <br />read as follows: <br /> <br />Sec. 2-705. Disposal of Unclaimed Property. <br /> <br /> Whenever unclaimed property found, recovered or held by <br />the police department shall accumulate to the point where the <br />chief of police desires to dispose of the same, it may be sold <br />after complying with the provisions of Section 2080.4 of the <br />Civil Code of this state as the same now exists or may here- <br />after be amended, and provisions of this section shall not pre- <br />vail insofar as they may be inconsistent with state statutes. <br /> <br /> Such property must be held by the police department for <br />at least four (4) months; except unclaimed bicycles, which <br />must be held for a period of at least three (3) months. After <br />property has been held for the period prescribed above and accumu- <br />lations are deemed adequate in number of items for the conduct of <br />an auction, the property may be transferred to the purchasing <br />division for sale to the public at public auction. Notice of <br />such auction sale will be given by the purchasing and property <br />control officer at least five (5) days before the time fixed <br />therefor by publication once in the newspaper publishing city <br />legal notices. <br /> <br /> After said notices are given, the sale shall be conducted by <br />the purchasing and property control officer or, with the <br />approval of the city manager, some other city employee or em- <br />ployed professional auctioneer. Property for which no bid is <br />made at such sale may be given to a non-profit charitable orga- <br />nization or destroyed as the purchasing and property control <br />officer may direct. <br /> <br /> If the purchasing and property control officer determines <br />that unclaimed property transferred to his jurisdiction for sale <br />is needed for a public use, he may retain such property and dis- <br />pense with the provisions of this section pertaining to sale. <br />The purchasing and property control officer shall thereafter <br />account for such property as though it had been acquired by the <br />city through regular purchasing procedures, with the exception <br />that accountability for the use and disposition of unclaimed <br />property transferred back to the police department for official <br />police purposes shall become the responsibility of the chief of <br />police. <br /> <br /> SECTION 2: If any section, subsection, sentence, clause <br />phrase or portion of this ordinance is for any reason held to <br />be invalid or unconstitutional by the decision of any court of <br />competent jurisdiction, such decision shall not affect the vali- <br />dity of the remaining portions of this ordinance. The City Coun- <br />cil of the City of Santa Ana hereby declares that it would have <br /> <br /> <br />