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ORDINANCE 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