076 of 2016 - Lost, Mislaid and Unclaimed Property 0 16-1
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SALT LAKE CITY ORDINANCE
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
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(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;
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B.The finder signs a statement containing:
I.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
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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.
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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 6 day of
December ,2016.
CH ERSON
ATT
C TY RECORDER
Transmitted to Mayor on December 7, 2016 •
Mayor's Action: Approved. Vetoed.
MM YOR
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CITY RECORD R
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Pv ' APPROVED AS TO FORM
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Salt Lake City Attorneys Office
Bill No. 76 of2016. Date 101/s"
Sign Cl/f 1/NVv�
Published: December 15, 2016 /? Vero,-
HB_Arrv.eo2ao.vI.Amending 2.Io_Re_Losl_Mi,Iaid_nnd unclaimed Properly_
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