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No. 76 of 2016
(Lost, Mislaid and Unclaimed Property)
An ordinance amending Chapter 2.10, Article IV of the Salt Lake City Code, relating to lost, mislaid and unclaimed property.
Be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. That Chapter 2.10, Article IV of the Salt Lake City Code, relating to lost, mislaid and unclaimed property, is hereby amended as follows:
Chapter
2.10
Article IV. Disposition of Lost, Mislaid And Unclaimed Property;
Rationale
2.10.100: Definitions
2.10.110: Disposition Of Lost or Mislaid Property
2.10.115: Disposition Of Property No Longer Needed As Evidence
2.10.120: Disposition Of Found Unclaimed Property To Finder
2.10.130: Process For Disposition Of Unclaimed Property When There Is No Finder 2.10.140: Transfer Of Ownership Of Unclaimed Property
2.10.150: Public Interest Use
2.10.100: DEFINITIONS:
LOST OR MISLAID
PROPERTY:
(a) means any property that comes into the possession of a Salt Lake City employee in their capacity of a peace officer or a Salt Lake City law enforcement agency:
(i) that is not claimed by anyone who is identified as the owner of the property; or
(ii) for which no owner or interest holder can be found after a reasonable and diligent search;
(b) includes any property received by Salt Lake City employees in their capacity as a peace officer or law enforcement agency from a person claiming to have found the property; and
(c) does not include property seized by Salt Lake City employees in their capacity as a peace officer or law enforcement agency pursuant to Title 24, Forfeiture and Disposition of Property Act, Utah State Code.
PROPERTY HELD AS EVIDENCE: means any property received in evidence by a court submitted by a city agency.
PUBLIC INTEREST
USE: Use by a governmental agency as approved by the city council as provided in
section 2.10.150; or use by a bona fide charity registered with the State of
Utah as approved by the city council.
UNCLAIMED PROPERTY: Tangible and
intangible property that comes into possession of Salt Lake City employees
through circumstances not involving criminal procedures in which the owner is
either unknown or unavailable to take possession of property.
2.10.110: DISPOSITION OF LOST OR MISLAID PROPERTY:
Lost or mislaid property shall be disposed of in accordance with Utah Code chapter 77-24a as amended, or its successor statute.
2.10.115: DISPOSITION OF PROPERTY NO LONGER NEEDED AS EVIDENCE:
Property held as evidence that is no longer needed as evidence shall be disposed of in accordance with Utah Code chapter 24-3, as amended, or its successor statute.
2.10.120: DISPOSITION OF FOUND UNCLAIMED PROPERTY TO FINDER:
Unclaimed
property, which has been surrendered to the city by one who found the property
and for which no owner has been identified, shall be released to the finder on
the following conditions:
A. There has expired not less than thirty (30) calendar days from date of surrender to the city;
B. The finder signs a statement containing:
1. An explanation as to how the property came into the finder's possession, including the time, date and place,
2. A statement that the finder does not know who owns the property,
3. A statement that, to the finder’s knowledge, the property was not stolen,
4. A statement that the finder's possession of the property is lawful,
5. Such other information known to the finder that may lead to an identification of the owner, and
6. Other information the department receiving the property may request that will reasonably lead to discovering the true owner;
C. The true owner has not been determined from information provided by the finder or known to the city from other sources, after reasonable efforts by the city;
D. The intent to dispose of property has been
advertised by the procedure set forth in section 2.10.130 of this chapter, the finder has paid a
proportional share of the costs of advertising and storage, and eight days have
elapsed from the date of publication and posting of the notice.
No city
employee may claim or receive unclaimed property as a finder.
2.10.130: PROCESS FOR DISPOSITION OF UNCLAIMED PROPERTY WHEN THERE IS NO FINDER:
Unclaimed
property that is acquired by the city and is not claimed by the true owner
within thirty (30) calendar days following the receipt of the property by the
city, except for instances where there is a finder claiming an interest in the
unclaimed property pursuant to section 2.10.120
of this chapter, shall be disposed of by sale or appropriated for public use as
follows:
A. Notice of Disposition Procedure:
1. Public Notice: After the expiration of thirty (30) calendar days from receipt of the property, the city shall:
a. Publish at least one notice of intent to dispose of the unclaimed property in a newspaper of general circulation within Salt Lake County; and
b. Post a similar notice in a public place designated by the mayor or his/her designee for posting of notices within the city.
2. Notice Contents: The published and posted notice shall contain a general description of the items to be disposed and the date of intended disposition. Items may be listed by categories or other general groupings and shall state the date of intended disposition.
3. Waiting Period: The property shall be held by the city and not disposed of for a minimum of eight (8) calendar days, after the date of posting and publication of the notice.
B. If the true owner of the property claims the property prior to the expiration of the eight-day waiting period, upon providing adequate proof of ownership, the property will be returned to such true owner.
2.10.140: TRANSFER OF OWNERSHIP OF UNCLAIMED PROPERTY:
If the finder or
true owner does not claim unclaimed property, pursuant to sections 2.10.120 or
2.10.130 of this chapter, the city may appropriate the item for public interest
use, as provided in section 2.10.150
of this chapter; destroy the property in appropriate circumstances, or sell the
item by competitive sealed bid or at a public auction, with the proceeds being
made available for a public interest use.
2.10.150: PUBLIC INTEREST USE:
A. Executive Procedural Order: Subject to Utah Code section 10-8-2, or its successor, the mayor, by executive order, may specify the procedure to be used by a city department to dispose of property for public interest use, or sell the item by competitive sealed bid or at a public auction and apply the proceeds of the sale to a public interest use, which procedure shall include the following:
1. Bona Fide Charity Use: The mayor's order shall contain the minimum requirements to qualify as a "bona fide charity"; contain a limit on how many items and/or the total value of items that may be given to a "bona fide charity" in any one calendar year; and shall set forth the community needs that are to be accomplished by public interest usage.
2. City Usage: The mayor's executive order shall contain the procedure city departments must follow to obtain approval to employ items for public interest use. Approval for city department usage must be requested by a department head. All such property shall be tracked in accordance with city policies for fixed assets so long as the value of the item meets or exceeds the minimum value of fixed assets. Items of lesser value that would not be included on the city’s fixed asset system may be described generally. Upon approval of the city council, the property will be transferred to the requesting department.
B. Council Approval: Prior to applying the property or proceeds of sale to public use, city council approval must be obtained.
SECTION 2. Effective Date. That this ordinance shall take effect immediately upon the date of its first publication.
Passed by the City Council of Salt Lake City, Utah this 6th day of December, 2016.
Bill No. 76 of 2016.
Published: December 15, 2016.