3.08.130 Unclaimed property.
   (a)   Generally. Pursuant to Civil Code Sectopm 2080.6, the City has elected to adopt and follow reasonable regulations, in lieu of the default provisions in the Civil Code, for the care, restitution, sale, or destruction of unclaimed property in its possession. Unclaimed property found, recovered, or held by the City shall be disposed of in the following manner:
      (1)   All property which is subject to the provisions of the Penal Code and regulated thereby shall be handled in accordance with such provisions, notwithstanding any other provisions of this Chapter.
      (2)   If the owner of property appears and claims it within four months, the City shall release such property to the owner.
      (3)   If the property is not claimed in accordance with Subsection (2) above, such property shall be transferred to the custody of the City Manager, or their designee, to be disposed of as follows:
         (A)   Any such property may be determined by resolution of the City Council to be needed for City use and shall thereby be converted for such use.
         (B)   Property not otherwise needed for City use may be disposed of pursuant to Section 3.08.110 and Section 3.08.120.
   (b)   Money. Notwithstanding Subsection (a) above, pursuant to Government Code Sections 50050 and 50051, the following process shall apply to unclaimed property that is money (excluding restitution to victims):
      (1)   Three-year period to claim. Money that remains unclaimed for a period of more than three years becomes the property of the City not less than 45 days nor more than 60 days after an initial public notice is published, as set forth in Subsection (2) below.
      (2)   Initial public notice. At any time after the expiration of the three-year period, the City Manager, or their designee, shall cause a notice to be published once a week for two consecutive weeks in a newspaper of general circulation. The notice shall include the following information:
         (A)   The individual or business name as shown on the issued check;
         (B)   The check date, number, and the amount of money on the issued check; and
         (C)   A statement announcing that the money shall become the property of the City on the date that is not less than 45 days after the first publication of the notice.
      (3)   Proof of publication. A proof of publication from the newspaper is to be retained in accordance with the City's records retention policy as proof that the City published the required notice for two consecutive weeks.
      (4)   Claim. Before the date the unclaimed money becomes the property of the City, a party of interest may file a claim which must include the following information:
         (A)   The claimant's name, address, and telephone number;
         (B)   Social security number or federal employer identification number;
         (C)   Proof of identity such as a copy of a driver's license, social security card, or birth certificate;
         (D)   The amount of the claim; and
         (E)   The grounds for which the claim is found.
      (5)   Review. The City Manager, or their designee, shall accept or reject that claim. If rejected, the party who submitted the claim may file a verified complaint seeking to recover all, or a designated part, of the money in a court of competent jurisdiction within the county and serve a copy of the complaint and the summons upon the City Clerk. The copy of the complaint and summons shall be served within 30 days of receiving notice that the claim was rejected. The City Manager, or their designee, shall withhold the release of the portion of unclaimed money for which a court action has been filed as provided in the section until a decision is rendered by the court.
(Ord. 247, passed 5-8-2024)