Humboldt County Municipal Code Ch. 1 Provisions for the Disposal of Unclaimed Property by the Sheriff

Sections: Applicability. Time Requirement. Public Auction. Notice of Sale. Destruction of Valueless Property. Bicycles and Toys.

Any property in the possession of the Sheriff which is not required to be retained by him/her in the performance of his/her official duties, and which is unclaimed by any person showing evidence of the satisfaction of the Sheriff that he/she is the true owner thereof, may be disposed of in the manner hereinafter set forth if no provision is otherwise made by law for the disposal of such property and if no suit has been commenced for the recovery of such property. (Ord. 1164, § 1, 9/20/1977)

Such unclaimed property shall be held by the Sheriff for a period of at least three (3) months from the time he originally came into possession thereof. (Ord. 1164, § 2, 9/20/1977; Ord. 1786, § 1, 1/6/1987)

Thereafter, except as herein otherwise provided, such property shall be sold at public auction to the highest bidder and the proceeds thereof paid over to the Treasurer of the County of Humboldt and deposited in the General Fund. (Ord. 1164, § 3, 9/20/1977)

Notice of such sale of property as aforesaid shall be given by the Sheriff at least five (5) days before the time fixed therefor by publication once in a newspaper of general circulation published in the County. Said published notice shall give the time and place of sale and shall contain a brief description of the property involved, together with a brief statement of the circumstances surrounding its coming into the possession of the Sheriff, and a statement that unless, prior to the date of sale, the same is claimed by some person giving evidence satisfactory to the

Sheriff that he is the true owner thereof, or unless some person files a suit for the recovery thereof, the same will be sold at public auction to the highest bidder. (Ord. 1164, § 4, 9/20/1977)

Any unclaimed property which has been held by the Sheriff for a period specified in § 281-2 of this chapter and which property is, in the opinion of the Sheriff, worthless, or the proceeds of the sale would not offset the cost of conducting a sale thereof, may be destroyed by him/her with the written consent of the County Treasurer. Property which is of no value and presents a storage problem may be destroyed immediately. (Ord. 1164, § 5, 9/ 20/1977; Ord. 2308, § 10, 9/23/2003)

Any bicycles or toys, or both, in the possession of the Sheriff and which have been unclaimed for a period specified in § 281-2 of this chapter may, instead of being sold at public auction to the highest bidder as above specified, be turned over to the Probation Officer for use by him/her in any program of activities designed to prevent juvenile delinquency or released to other agencies that are involved in youth programs with the consent of the Sheriff. (Ord. 1164, § 6, 9/20/1977; Ord. 2308, § 10, 9/23/2003) Chapter 1 – § 291-1. TITLE II – ADMINISTRATION

SENTENCE REPORT Applicability of § 1203.1b of the Penal Code in Humboldt County Exercise of Authority. § 291-1.