HomeMy WebLinkAbout3920Ordinance No. 3920
1 AN ORDINANCE REGARDING UNCLAIMED, FOUND PROPERTY, AMENDING SECTIONS
2-87, 2-88, 2-90, and 2-91 OF ARTICLE XII OF CHAPTER 2 OF THE BUTTE
2 COUNTY CODE, TO COMPLY WITH TO CALIFORNIA CIVIL CODE SECTIONS 20$0
et seq, AS WELL AS PENAL-CODE SECTION 1411.
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4 The Board of Supervisors of the County of Butte ordains as
5 follows:
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7 Section 1. Legislative Finding. The Board of Supervisors hereby
8 finds that the adoption of this ordinance is necessary to bring
9 Article VII of Chapter 2 of the Butte County Code into compliance
10 with the California Civil Code and Penal Code.
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12 Section 2. Article XII, Sections 2-87, 2-88, 2-90, and 2--91 of the
13 Butte County Code are amended to read as follows:
14 2-87. Length of Time to be Held.
15 All unclaimed found property in the possession of the
16 sheriff of the county shall be held by the sheriff for a
17 period of at least three (3) months.
18 2-88. Sale at Public Auction; Notice of Sa~.e,
19 a. All unclaimed found property in possession of the
20 sheriff of the county, at the expiration of three (3)
21 months or thereafter may either be sold at public auction
22 to the highest bidder far cash; and notice of the time and
23 place of such sale shall be given by the sheriff at least
24 five (5) days before the time fixed therefor, by
25 publication once in a newspaper of general circulation
26 published in the county; or the property may be
27 transferred to the county purchasing agent for sale in the
28 manner provided by Article 7 (commencing with Section
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25500) of Chapter 5 of Part 2 of Division 2 of Title 3 of
the Government Code for the sale of surplus personal
property. If property is transferred to the county
purchasing agent pursuant to this section, such property
shall not be redeemable by the owner or other person
entitled to possession. If the county purchasing agent
determines that any such property transferred to it for
sale is needed for a public use, such property may be
retained by the agency and need not be sold.
b. Notwithstanding subsection (a} above, pursuant to
section 2I7 of the Welfare and Institutions Code, any
bicycles or toys, or both, in the possession of the
sheriff of the county which have been unclaimed for a
period of at least sixty (60) days may, instead of being
sold at public auction to the highest bidder pursuant to
the provisions of section 2080.5 of the Civil Code, be
turned over to the probation officer, to the welfare
department of the county, or to any charitable or
nonprofit organization which is authorized under its
articles of incorporation to participate in a program or
activity designed to prevent juvenile delinquency and
which is exempt from income taxation under federal or
state law, or both, for use in any program or activity
designed to prevent juvenile delinquency.
c. Nothing in this section shall preclude the sheriff
of the county from disposing of abandoned and other
unclaimed property in accordance with this section, or by
any other means prescribed by law.
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1 2-90. Disposition of Property when no Bids are Received at
2 Auction.
3 In the event of any such sale of unclaimed property
4 pursuant to section 2--88 for which no bids are received,
5 the sheriff of the county or the county purchasing agent
6 may, in his or her discretion, destroy or retain such
7 property and offer it for sale at a subsequent time, or
8 dispose of such property to any fraternal, civic,
9 religious or charitable organization or group.
10 2-91. Record of Disposition.
11 The sheriff and the county purchasing agent shall keep and
12 maintain an accurate record of the disposition of all
13 unclaimed property disposed of pursuant to the terms of
14 this article.
1S 2-92. Article Enacted Pursuant to State Law.
16 This article is enacted pursuant to the provisions of
17 Civil Code section 2080 et seq and section ~41Z of the
18 Penal Code and any amendments thereof.
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20 Section 3. Severability.
21 if any provision of this Ordinance or the application thereof
22 to any person or circumstances is for any reason held to be invalid
23 by a court of competent jurisdiction, such provision shall be deemed
24 severable, and the invalidity thereof shall not affect the remaining
25 provisions or other applications of the Ordinance which can be given
26 effect without the invalid provision or application thereof.
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Section g. Effective Date and Publication. This Ordinance sha].1
take effect thirty (30) days after the date of its passage. The
Clerk of the Board of Supervisors is authorized and directed to
publish this ordinance before the expiration of fifteen (15) days
after its passage. This Ordinance shall be published once, with the
names of the members of the Board of Supervisors voting for and
against it, in the Chico Enterprise Record, a newspaper of general
circulation published in the County of Butte, State of California.
PASSED AND ADOPTED by the Board of Supervisors of the County of
Butte, State of California, on the 24th day of January 2006, by the
following vote:
AYES: Supervisors Connelly, Dolan, Houx, Yamaguchi and Chair~Tosiassen
NOES: None
ABSENT: None
NOT VOTING: None
C "J SSEN, Chalr, Butte County
oard Supervisors
19 TTEST:
20 AUL MCINTOSH, Chief Administrative Officer
nd Clerk of the Board of Supervisors
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