California Civil Code Sections 2080-2080.10
2080. Any person who finds a thing lost is not bound to take charge of it, unless the person is otherwise required to do so by contract
or law, but when the person does take charge of it he or she is thenceforward a depositary for the owner, with the rights and
obligations of a depositary for hire. Any person or any public or private entity that finds and takes possession of any money, goods,things in action, or other personal property, or saves any domestic
animal from harm, neglect, drowning, or starvation, shall, within a reasonable time, inform the owner, if known, and make restitution
without compensation, except a reasonable charge for saving and taking care of the property. Any person who takes possession of a
live domestic animal shall provide for humane treatment of theanimal.
2080.1. (a) If the owner is unknown or has not claimed the
property, the person saving or finding the property shall, if the
property is of the value of one hundred dollars ($100) or more,
within a reasonable time turn the property over to the police
department of the city or city and county, if found therein, or to
the sheriff's department of the county if found outside of city
limits, and shall make an affidavit, stating when and where he or she
found or saved the property, particularly describing it. If the
property was saved, the affidavit shall state:
(1) From what and how it was saved.
(2) Whether the owner of the property is known to the affiant.
(3) That the affiant has not secreted, withheld, or disposed of
any part of the property.
(b) The police department or the sheriff's department shall
notify
the owner, if his or her identity is reasonably ascertainable,
that
it possesses the property and where it may be claimed. The
police
department or sheriff's department may require payment by the
owner
of a reasonable charge to defray costs of storage and care of
the
property.
2080.2. If the owner appears within 90 days, after receipt of
the
property by the police department or sheriff's department,
proves his
ownership of the property, and pays all reasonable charges, the
police department or sheriff's department shall restore the
property
to him.
2080.3. (a) If the reported value of the property is two hundred
fifty dollars ($250) or more and no owner appears and proves his
or
her ownership of the property within 90 days, the police
department
or sheriff's department shall cause notice of the property to be
published at least once in a newspaper of general circulation.
If,
after seven days following the first publication of the notice,
no
owner appears and proves his or her ownership of the property
and the
person who found or saved the property pays the cost of the
publication, the title shall vest in the person who found or
saved
the property unless the property was found in the course of
employment by an employee of any public agency, in which case
the
property shall be sold at public auction. Title to the property
shall not vest in the person who found or saved the property or
in
the successful bidder at the public auction unless the cost of
publication is first paid to the city, county, or city and
county
whose police or sheriff's department caused the notice to be
published.
(b) If the reported value of the property is less than two
hundred
fifty dollars ($250) and no owner appears and proves his or her
ownership of the property within 90 days, the title shall vest
in the
person who found or saved the property, unless the property was
found in the course of employment by an employee of any public
agency, in which case the property shall be sold at public auction.
2080.4. Notwithstanding the provisions of Section 2080.3 or
Section
2080.6, the legislative body of any city, city and county, or
county
may provide by ordinance for the care, restitution, sale or
destruction of unclaimed property in the possession of the
police
department of such city or city and county or of the sheriff of
such
county. Any city, city and county, or county adopting such an
ordinance shall provide therein (1) that such unclaimed property
shall be held by the police department or sheriff for a period
of at
least three months, and (2) that thereafter such property will
be
sold at public auction to the highest bidder, with notice of
such
sale being given by the chief of police or sheriff at least five
days
before the time fixed therefor by publication once in a
newspaper of
general circulation published in the county, or that thereafter
such
property will be transferred to the local government purchasing
and
stores agency or other similar agency for sale to the public at
public auction. If such property is transferred to a county
purchasing agent it may be sold in the manner provided by
Article 7
(commencing with Section 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 local government
purchasing and stores agency or other similar agency pursuant to
this
section, such property shall not be redeemable by the owner or
other
person entitled to possession. If the local government
purchasing
and stores agency or other similar agency 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.
2080.5. The police department or sheriff's department may sell
such
property by public auction, in the manner and upon the notice of
sale of personal property under execution, if it is a thing
which is
commonly the subject of sale, when the owner cannot, with
reasonable
diligence, be found, or, being found, refuses upon demand to pay
the
lawful charges provided by Sections 2080 and 2080.1, in the
following
cases:
(1) When the thing is in danger of perishing, or of losing the
greater part of its value; or,
(2) When the lawful charges provided by Sections 2080 and 2080.1
amount to two-thirds of its value.
2080.6. (a) Any public agency may elect to be governed by the
provisions of this article with respect to disposition of
personal
property found or saved on property subject to its jurisdiction,
or
may adopt reasonable regulations for the care, restitution, sale
or
destruction of unclaimed property in its possession. Any public
agency adopting such regulations shall provide therein
(1) that
such
unclaimed property shall be held by such agency for a period of
at
least three months,
(2) that thereafter such property will be
sold a
public auction to the highest bidder, and
(3) that notice of
such
sale shall be given by the chief administrative officer of such
agency at least five days before the time fixed therefor by
publication once in a newspaper of general circulation published
in
the county in which such property was found. Any property
remaining
unsold after being offered at such public auction may be
destroyed or
otherwise disposed of by the public agency. In a county having a
purchasing agent, the purchasing agent may conduct such sale, in
which case the provisions of subdivisions (2) and (3) of this
section
shall not be applicable. Such sale shall be made by the county
purchasing agent in the manner provided by Article 7 (commencing
with
Section 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
the public agency 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) "Public agency" as used in this section means any state
agency, including the Department of General Services and the
Department of Parks and Recreation, any city, county, city and
county, special district, or other political subdivision.
2080.7. The provisions of this article have no application to
things which have been intentionally abandoned by their owner.
2080.8. The Regents of the University of California may provide
by
resolution or regulation for the care, restitution, sale or
destruction of unclaimed property in the possession of the
Regents of
the University of California or of the University of California
Police Department. Any resolution or regulation adopted pursuant
to
this section shall provide therein
(1) that such unclaimed
property
shall be held by the Regents of the University of California or
the
University of California Police Department for a period of at
least
three months,
(2) that thereafter such property will be sold at
public auction to the highest bidder, and (3) that notice of
such
sale shall be given by the Regents of the University of
California or
the University of California Police Department at least five
days
before the time therefor by publication once in a newspaper of
general circulation published in the county in which such
property is
held. The Regents of the University of California may dispose of
any such property upon which no bid is made at any such sale.
2080.9. The Trustees of the California State University may
provide
by resolution or regulation for the care, restitution, sale, or
destruction of unclaimed, lost, or abandoned property in the
possession of any state university. Any resolution or regulation
adopted pursuant to this section shall include therein
(1) that
such
unclaimed or lost property shall be held by the particular state
university for a period of at least six months,
(2) that
thereafter
such property, as well as abandoned property, will be sold at
public
auction to the highest bidder, and
(3) that notice of such sale
shall
be given by the Trustees of the California State University at
least
five days before the time therefor by publication once in a
newspaper of general circulation published in the county in
which
such property is held. The Trustees of the California State
University may dispose of any such property upon which no bid is
made
at any such sale.
2080.10. (a) When a public agency obtains possession of personal
property from a person for temporary safekeeping, the public
agency
shall do all of the following:
(1) Take responsibility for the storage, documentation, and
disposition of the property.
(2) Provide the person from whom the property was taken with a
receipt and instructions for the retrieval of the property. The
receipt and instructions shall either be given to the person
from
whom the property was taken at the time the public agency
obtains the
property or immediately mailed, by first-class mail, to the
person
from whom the property was taken.
(3) If the public agency has knowledge that the person from whom
the property was taken is not the owner, the agency shall make
reasonable efforts to identify the owner. If the owner is
identified, the public agency shall mail, by first-class mail, a
receipt and instructions for the retrieval of the property.
(b) The receipt and instructions shall notify the person from
whom
the property was taken that the property must be claimed within
60
days after the public agency obtains possession or the property
will
be disposed of in accordance with the disposal provisions of
this
article. Within 60 days, the person may do one of the following:
(1) Retrieve the property.
(2) Authorize in writing another person to retrieve the
property.
(3) Notify the public agency in writing that he or she is unable
to retrieve the property, because he or she is in custody, and
request the public agency to hold the property. If a person
notifies
the public agency that he or she is unable to retrieve the
property
within 60 days, or have an authorized person retrieve the
property,
the public agency shall hold the property for not longer than 10
additional months.
(c) The public agency shall not be liable for damages caused by
any official action performed with due care regarding the
disposition
of personal property pursuant to this section and the disposal
provisions of this article.
(d) As used in this section, "public agency"; means any state
agency, any city, county, city and county, special district, or
other
political subdivision. |
|
