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HomeMy WebLinkAboutResolution No. 69310 0 RESOLUTION No. 6931 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA DECLARING ITS INTENTION TO BE GOVERNED BY THE PROVISIONS OF STATE LAW WITH RESPECT TO DISPOSITION OF FOUND OR SAVED PERSONAL PROPERTY. TIT CITY COUNCIL OF THE CITY OF AZUSA DOES RESOLVE AS FOLLOTOIS: SECTION 1. The Civil Code of the State of California at Chapter 4, Article 1, consisting of Sections 2080 - 2080.7 provides for the disposition of personal property found or saved within the juris- diction of the City. The Citv Council hereby declares its election to be governed by said provisions of State Law with respect to the disposition of personal property found or saved on property within the same jurisdiction. SECTION 2. The provisions of the California Civil Code at Sections 2080 - 2080.7, a copy of which is attached as Exhibit A, are hereby incorporated herein by reference. SECTION 3. '"his .Resolution shall become effective upon the effective date of the repeal of Chapter 8.32 of the Azusa Municipal Code. SECTION A. The City Clerk shall certify_ to the adoption of this Resolution. ADOPTED AND APPROVED this 4thday of Aug. , 1980. / MAYOR I hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Azusa at a regular meeting thereof, held on the 4th day of August 1980, by the following vote of the Council: AYES: COUNCILMEN: Decker, Fry, Cruz, Moses, Solem NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None 4/ ADOI_H SOLIS, City Clerk CIVIL CODE § 2084,$ p� I ! 2080.5 Authority to sell - ball cause notice of the property to ;cneral circulation. If, after seven i The police department or sheriff's department may sell such property by public ars and proves his e, no owner apps � auction, In the manner and upon the notice of sale of personal property under execu- found or saved the property Paye tion, 1f it Is s thing which is commonly the subject of sale, when the owner cannot, In the person who found or saved with reasonable diligence, be found, or, being found, refuses upon demand to pay the n the course of employment by an lawful charges provided by Sections 2080 and 2080.1, In the following cases: :he property shall be sold at public (1) When the thing is 1n danger of perishing, or of losing the greater part of its the person who found or saved the value; or, - , J, aution unless the cost of publics- (2) When the lawful charges provided by Sections 2080 and 2080.1 amount to two- ,nd County whose police or sheriff's thirds of Its value. .. .. (Added Stats.1967, c, 1512, p. 3601, ¢ 3.) rss than • • • fifty dollars (056) Former section 2080.5 was repeated by Former section 1873. added by Stats.1947. Stats.1967, C. 1512, P. 3601, 1 2. See, now, C. 893, 2091, 'l of the property within 90 days. the aeccion 2080.3. - D• ! 1, amended by State.1961, Derivation: Former sections 1869, 1870, C. 159, D. 410, I I. ed the property, unless the property enacted 1872. '• I employee Of any public agency, in action. - 1 2080.6 Public agency; adoption of regulations mended by Stats.1970, c. 260, P. 524, Any public agency may elect to be governed by the provisions of this article with c. 250. P. —, ! 1.) _ respect to disposition of personal property found or saved on property subject to Its Jurisdiction, or may adopt reasonable regulations for the care, restitudon, sale- 's Amendment. increased the mone3 wn[ from 925 to 950 In two pines. or destruction of unclaimed property in its possession. Any public agency adopt- i arivatlon: Former .action 1971, en- in SUCK re B regulations shall provide therein (1) that such unclaimed property shall be Pe y A 1372, amended by state -1906, C. 453. P. held by such agency for a period of at least three months, (2) that thereafter such >rmer sections 2D9o. s. zo80.6, asses by property will be sold at public auction to the highest bidder, and (3) that notice of oral.1' sea6' vent . ` 2. CalltorMa Coda such sale shall be given by the chief administrative officer of such agency at least res, civil. fire days before the time fixed therefor by publication once In a newspaper of gen, .. eral circulation published in the county in which such property was found. Any property remaining unsold after being offered at such public auction may be de- ,,, ., stroyed or otherwise disposed of by the public agency. In a county having a pur- chasing agent, the purchasing agent may conduct such Bale, in which case the pro - 2080.3 or Section 2080.6, the legiela- ! visions o[ subdivisions (2) and (3) of this section shall not be applicable. Such sale lty may provide by ordinance for the shall be made by the county purchasing agent in the manner provided by Article 7 sed property in the possession of the ally or o1 the sheriff of such county. IcommenUng with Section 25500) o[ Chapter 5 of Part 2 of Dlvlsion 2 o1 Title 3 of euch au ordinance shall provide they^- the Government Code for the sale of su lus personal property. If the public agen- rp p p p y, .claimed bicycles, shall be held by the er determines that any such property transferred to It for sale Is needed for a pub, least four months, and that unclaimed llc use, such property may be retained by the agency and need not be sold. three months, and (2) that thereafter the highest bidder, with notice of such 1 ?Added by Stats.1967, a 1512, p. 3601; § 3. Amended by Sta[s.1869, C 857, p. 1890, 1 2.) riff at least five days before the time paper of general circulation published , ix Former section 2080.6 was repealed by 1969 Amendment. Added the fourth, Stau-1967, c. 1512, p. 3601, 1 2, See, now, l y will be transferred to the local gov- t 111th, and sixth sentences. ec uon 2080.3. Forma: See West's California Code er similar agency for sale to the pub—, Forms. Civil. ! 2080.7 Abandoned property -' caterred to a county purchasing agent ' _ The provisions of this article have no application to things which have been in- Icle 7 (commencing with Section 25500) tentionally abandoned by their owner. 3 of the Government Code for the sale; (Added Stats,1967, c. 1512, P. 3601, § 3.) i transferred to the local government Slate college scholarships. funds received 1. Oonstructlon and application - `�1r �elr this section, see Educatlon Code agency t0 this such .i 4 Former section 1864 et seq. dealt only Former "lost" r other edtosection, iC[ or OLhge person entitled to section 2080.7 was repealed by with things and had no 'application "U.n96q c. 1512, to thing. which had r agposses-� d stores agency o[ other simile[ Ogen -1 Cher p. 3601, 1 2. See, naw, been Intentionally Far 2080.2. abandoned by their owners and hence were 'rred to It for sale Is needed for a pub ` Forms. See Weave California Insppllcable In determining ownership of rms. Civil. Code 'ring found by akin diver In sunken an. agency and need not be sold. - tient vessel on unggrranted tide and aue- merged lands within three-mile Wended by Stats.1969, C 857, p. 1689. marg. incl belt oft the coast. 28 Ops.Atty.tlem 1. - { 2080$ University regents Or police department nor Derivation: c.ormeD.section ecti n1 1873. addedl 1■17jp a for is of the University of California may provide by resolution regu- I Sfata.1951, C. 159, P. 410, 1 1; Stals.1969, 47D, P. 1325, 1 1. OT Cbe care, restitution, sale Or destruction Of unclaimed property In the pos- °f1Bion of .9 Forma: See West's California Code irons, Civil. the Regents of the University of California or of the University of Call - Anter Iak■ 10, • • • Indicate deletions by amendment is changes or additions by amendment t •.1 0 2080.3 CIVIL CODE 11 the police department or sheriff's department shall cause notice of the property to be published at Ieast once in a newspaper of general circulation. If, after seven days following the first publication of the notice, no owner appears and proves bis 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 autlon unless the cost of publica- tion 1s first paid to the city, county, or city and county whose police or Sheriffs department caused the notice to be published. (b) If the reported value of the property Is less than • • • -fifty dollars (850) and no owner appears and proves his 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. " - -,---''' (Added by Stats.1167, c. 1512, p. 3601, 5 3. Amended by Stats.1970, c.. 260, p. 524, 1 1 ; Stats.1977, c. 1254, p. 2465, 1 1 ; Stats.1977, c. 250, p. —, 1 1.) Former section 2080.3 was repealed by '. 1977 Amendment. Increased the money Stats.1967, C. 1612, p. 3601, 1 2. amount from 825 to 850 in two places. 1970 Amendment. Provided that title . Derivation: Former Section 1871, en - shall vest if no owner appears "and the acted 1872. amended by Stats.1905, c. 463, P. person who found or saved the property 614. 1 2. pays the coat of such publication"; and Former sections 2080.5, 2080.6, added by added the last sentence in the first para- Stats.1951, c,656, p. 1867, 1 2. " graph. Forma: see West's California Code 1971 Amendment. Required reported Forms, Civil. " value of $25 or more in the first paragraph, - �.r:�:::.,I.:S': a". and added the Second paragraph. 1 2080.4 Local regulations Notwithstanding the provisions of Section 2080.3 or Section 2080.6, the legisla- tive 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 there - In (1) that such unclaimed property except unclaimed bicycles, shall be held by the police department or sheriff for a period of at least four months, and that unclaimed bicycles shall be held for a period of at leastthree 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 Ina newspaper of general circulation published In the county, or that thereafter such property will be transferred to the local gov- ernment purchasing and stores agency or other similar agency for sale to the pub- lic 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 posses- slon. If the local government purchasing and stores agency or other similar agen- cy determines that any such property transferred to It for sale is needed for a pub• lie use, such property may be retained by the agency and need not be sold. . , , c. 1512, p. a 857, p. 1 1.) Former section 2080.4 wan repealed by Derivation: Former section 1873, added Stats.1967, C. 1512, D. 3601, 1 2. ' by Stats.1947, C. 893, V. 2091, 1 1, amended 1969 Amendment. Inserted the third nen- by State.1961. c. 159, p. 410, 1 1; Stats.1963, lenceand added the fifth sentence. C. 470, p. 1325, 1 1. Form.. 800 West's California Code Forma, Civil. Underline Indicates changes or additions by amendment 94 1 7080.5 Authority to The police departme Auction, In the manner lion, If It is a thing wl with reasonable dillgen lawful charges provide (1) When the thing I value; or, (2) When the lawful thirds of Its value. (Added Stats.1967, e- 15 Former Section 2080.5 Stats.1967, C'1612, p. 360 sectlan 2080.3. Derivation: Former N enacted 1872. 1 2080.6 Public agency. Any public agency not respect to disposition o Its Jurisdiction, or may -d or destruction of unclal Ing such regulations she -held by such agency for property will be sold at such sale shall be given fire days before the thu era( circulation publlshe Property remaining anso strayed or otherwise dlsl chasing agent, the parch visions or subdivisions (2 shall be made by the cot (commencing with Section the Government Code for cy determines that any si llc use, such property me (Added by Stats.1967, c, i 2.) Former section 2080.6 w stat°.1967. C. 1612, p. 3601, section 2080.3. 1 2080.7 Abandoned prop The provisions of this 1 tendonally abandoned by I (Added Stats.1967, C. 1512, State college scholarships. under this section, see Edt 24002. Former section 2080.7 we section680 c. 1512, P. 3601, 1 Form; .2. Forms, CIa13S.ee b'est's Cs 1 2080.8 University regent ptlo0 Regents of the Univ o for the care, restitutl ,"Mon of the Regents of tl Asterisk, • • • Indicate de i [REPEALED] pealed by Stats.1979, e. 373, P. ..)IEN (REPEAJ.ED) - 'Pealed by Stats.1979, C. 373, p. L•'ItS [REPEALED] repeated by Siats.1979, e. $73, .AIMED PROPERTY Section 2080 IND GOODS [NEN) charges. .. ing of title In finder. nt.. .. .. . c. 1512 p. 3601, ¢ S. - r Stata.1967, C. 1512, S 2. on premises vacated by tenant. 11 Cal. L.Revision Comm'n Reports 951, 963 (1973). .. .td �to take charge of It, but If he does rwner, with the rights slid obligations ,Is and takes possession of any money, operty, or saves any domestic animal reasonable time, Inform the owner, If satlou, except a reasonable charge for ..t. braxy references t Finding Lost Goads p5. - C.I.S. Finding Lost (goods 1 2 et Seq. , •, �. In general [Ph ether a finder of a raptorial bird may tomers who took carte had no of permanently depriving etorei retain the bird would depend upon whether property, and where stores retri the lost bird has reverted to a wild state themselves on a regular basis. �ownersNp In the sovereign) or has been so Stay (1971) 96 Cai.Rptr. 651, 19 tamed and domesticated as to lose its die- Former section 1864 et seq. posltlon to return to a primitive state In with things Jolt" and had no apt zhlch case a qualified ownership would re- things which had been Intention .In with the owner from whom the bird don ed by their owners, and hi escaped and the finder would have to corn- Inapplicable In determining owt Plywith the lost and unclaimed property ,ring found by skin diver 1n at provisions of g 2080 et seq. which specify ' clent vessel on ungranted tide whet meta must be complied with In order merged lands within three-mile to obtain ownership 1n the event the owner belt off the coast. 29 Ops.Atty.GerZ cannot be located. - 66 Ops.Atty.Oen. 190,'- - fr4-73. 2. Definitlons - .•. t Shopper g cht to arts. which had been left by Inon g person ho htakeelacharge mak- customers of chain stores at various lova- tan of loan Den C;w a depository for ere, and within .one within a six -block bydef ndant where they Pen.C. 1 485 making m Person guilty of were picked up b defendant for purpose out f who appropriates effort loot property store of collecting a finder's m tee, were not 'lode" out first making efforts a find and restore Rhin this section making a person s de- property to owner, special used In its ordinary paetory for hire when he takes charge of . sense and hoe no al.Rmeaning. People loot property, nor lost Pro 1 485 where proscribing cum. v. Stay (1971) 96 Ca1.RDV. 661, 19 C.A.3d appropriation of lost Droperty, where cue- 198, - 1 2080.1 Delivery to pollee or Sheriff, affidavit; Charges (al If the owner Is unknown or has not claimed the property, the person saving 0r finding the property shall, If such property is of the value of ten dollars ($10) or more, within a reasonable time turn the property over to the polies. department of the city or city and county, if found therein, or to the sheriff's department of the county if fouled outside of city limits, and make an affidavit, stating when and where he foundor saved the property, particularly describing It. If the property was saved, he shall state: .. (1) From what and how It was saved: (2) Whether the owner of the property is known to him. (3) That he has not secreted, withheld, or disposed of any part of the property. t (b) The police department or the sheriffs department shall notify the owner, if his identity is reasonably ascertainable, that it possesses the property and where it may be claimed. The police department or 'sheriffs department may require pay- ment by the owner of a,reasonable charge todefray costsof storage and care of the property, .,,`,— (•added Stats.1967, c. 1512, p. 3601 13) ,,„ j ,,, „_ 1., _! t Former section -2080.1 was repealed by 1. In general Stats.1967, C. 1512, p• 3601, 1 2. See, now. Warrantless search of Jacket Dockets and section 2tion; - bindle found to contain marijuana could not Derivation; Former section 1965, en- be Justified on ground that defendant would toted 3672, amended by State 190 c. 453, have destroyed evidence which linked him Formed aect8on 1951. 2080c� added by 6State, withcrimJacket and police would oal haveting lost 751 ninal er6'-cll.. e llonr 2080 .1, addedbyStats. Immediate custodyofre Jacketcould byhaving t 1)61, c, 656, P. 1866, 1 2, amended by Stats. turned over to them as lost property and U;3. c. 602, p. 1847, 1 1. defendant could have been detained long Forma; See West's California Code ..enough to question him about relationship Forms, C1v1i. to Jacket. People v. Hawkins (1969) 78 Cal.Rptr. 286, 273 C.A.2d 629. 1 2080.2 Restoration to owner If the owner appears within Ola) days, 'after dreceipt of the property by the pollee epartment or sheriff's department, proves his ownership of the property, and pays all reasonable charges, the police department or sheriffs department shall restore Property to him. 'Added Stats.1067, C. 1512, p. 3601, q 3.)-_•! -r Farmer section 2080.2 was repealed by Former section 2080.7, added by Slants. 8,Deriva7, c. 1512, D. 3601, 1 2. - 19S1, C. 656, p. 1867, 1 2. Derivation: Former eectlon 1966, en- a::ea 1672. . . Inde: to Notes 1 2080,3 Advertisement; payment of cost; vesting of title In finder general'4) Attrr le) If the reported value of the property Is • • • fifty dollars ($50), or more atinwona and no owner appears and proves his ownership of the property within 00 days, fight to Possession 1 :s changes or additions by amendment' Isks • • • Indicate deletions by amendment 93 § 2080 CIVIL CODE - general - R"hether a finder of ARTICLE 4. SHIPMASTERS [REPEALED] retain the bird would d lost bird has rever the loa'nerahlp 1n the cover Heading of lrt(cle 4 of Chapter 2 teas repealed by Stat8.1979, c. 373, p. limed and domesticate Pool tl on to return to t -, 493. which cane s Qualified main wlth the owner escaped and the finder _ ply with the lost and - ARTICLE 5. :HATES AND SEAMEN [REPEALED] provisions of 4 2080 At • what acts must be cor m obtain ownership in Headingo Article 5 a Chapter 2 teas repealed b Stats.1979, e. 373, f ) p g P• cannot be located. ' 6G 499 '...... ... •..., 5.4-72. 1. Right to possession . - ,. ... ... :. r . - - Shopping carte, who customers of chain sic ARTICLE 6. SHIPS' MANAGERS (REPEALED] - tions within a elx-bloc were picked up by do of collecting a finder's Heading of Article 6 o1 Chapter 2 tea& repealed b9 Stats.1979, C. $73, within this section me for hire whet 500. P. -, 1 - - .. ., ppoosltory. losnor Pen party prop of loot CHAPTER 4. LOST AND UNCLAIMED PROPERTY _ - _1 2080.1 Delivery to (a) If the owner 1: Article,.. Section :. ,.... 1 .:.:.:..:.. ... _ or finding the propel I. Lost Money and Goods [New] - • - ----------- -2080 - more, within a reaso: - city or city and coon ARTICLE 1. LAST MONEY AND GOODS [NEW] • - •- 1[ found outside found or saved thee .j See. ,. ,;._ . :: _ _ rn - he shall state: _ 2050. Duties of finder. - (1) From what am ti 2080.1 Delivery to police or sheriff affidavit charges. (2) Whether the o' 2080.2 Restoration to owner. (:i) That be has r 2080.3 Advertisement; payment of cost; vesting of title In finder.. t ;, : - (b) The Pollee deef 2080.4 Local regulations. `.'•- his identity Is meso - 2080.5 Authority to sell. s m¢y be claimed. T 2080.6 Public agency; adoption. of regulations �+ . •, - ment by the owner 2080.7 Abandoned property. • - -University the property. 2080.8 regents or police department -, 1 :,. (Added Stats.1967, c 2080.9 Trustees of state university and colleges ',"fit-- Former section 20: s C. 1512, P. ,•Article 1 added by State.1967, a 1512, p. 3601, 13 .. .. cts.1367, section 2080.1. ". - �•: Former Article I toas repealed by Stais.1967, c. 1512, 12. .�,{ �� .. t Derivation: n: Form acted 187_, amended Libraryreferences - - - on premises vacated b tenant,�ll Cal. y P. 613. 1 1; Slats.195 former section 21 Recommendations relating to landlord- : L.Revision Comm -n Reports 951, 963 MI. c. 656, p. 1866, 1 tenant relations Personal property left (1973). ,.y ;. ... _.. Former section 20 1951, c. 656, P. 1866, 1 2080. Duties of finder 1953. c. 602, p.1847, 1 Any person who finds a thing lost is not bound to take charge of It, but if he does Forms Civil el We so he Is thenceforward a depositary for the owner, with the rights and obligations of a depositary for hire. Any person who finds and takes possession of any money, 1 2080.2 Restorall goods, things in action, or other personal property, or saves any domestic animal_ It the owner apt from drowning or starvation, shall, within a reasonable time, Inform the owner, it department or shet known, and make restitution without compensation, except a reasonable charge for all reasonable chai saving and taking care of the Property. the property to bin (Added Stats.1067, c. 1512, p. 3601, 13.) - "- - (Added Stats.1067, Former section 2080 was repealed by Library referencesFarmer Stata.1967, c. 1512, p. 3601, 1 2. See, now, Finding Lost Goode p}5. •'" section 2 Stata.1967. c. 1512, p sections 2080, 2080.1. C.J.S. Finding Lost Goods I.2 at seq. Derivation: Former section 1864, enacted - Dsrwatlon: For, acted 1872. 1872. Former section 1865, enacted 1872, amend. ,. - ed by Stats.1905, C. 453, p• 613, 1 1; Stats. - " Inde: to Notes 1 2080.3 Advartisi 1051, c. 1676. p 3862 1 4. .,. ,, ,. , Former section 2680, added by Stata.1051, In general y (a) I( the mporl e. 656, p. IBG6, 1 2. Defintti onsi Forms: See West's California Cade Right to possession 1 and no Owner api Forms, Civil. Asterlsks e • • It Underline Indicates changes or additions by amendment .•t •. 92 r 0 0 § 2080.7 LOST AND UNCLAIMED PROPERTY Div,. § 2080.7 Requisites for restoration; action by owner d# If the owner appears within one year, proves the property, and pays all reasonable charges, including fees of officers, the finder shall' restore the property to him. If the finder fails to restore the prop. erty or its appraised value on being tendered the charges and fees, the; owner may recover the property or its value by civil action in any` court having jurisdiction. (Added Stats.1951, c. 656, p. 1867, § 2.)_4, �A Notes of Decislons Action not barred by noncompliance 1 Pleading 2 Library references Finding Lost Goods C>.i, 7. C.S.S. binding Lost Goods § 7. I. Action not barred by noncompliance. Former Pol.C. § 3142 providing that the proof required of the owner of lost prop- erty was to be made before the clerk where the finder's claim was recorded ap- plied only where finder hid filed a list of such property with the clerk, and, in ab- sence of compliance by the finder, the owner was not precluded from having his title determined by normal processes in a court of law. Lilley v. Leggett (1943) 142 Ptd 57, 61 C.A.2d 25. 2. Pleading Complaint to quiet title to a United States Mint receipt for plaintiff's gold coins deposited by defendants was not re - quired to allege compliance with former. Pol-C. §§ 3130-3142 dealing with tbal method by which finders may acquire title to lost property. Lilley v. Leggett (1933) 142 P.2d 57, 61 C.J2d 25. A where complaint to quiet title to a• United States Duntreceipt for plaintiff's;, gold coins deposited by defendants alleged: ownership in plaintiff and a demand upon,.. and refusal by, defendants, plaintiff com- plied with former Pol.C. § 3140 relating to recovery of lost property. Id. - VA Where defendants received a United; States Mint receipt for plaintiffs gold', coins deposited by defendants Bud there_' was no allegation or finding that defend. ants, as the finders, find complied with -. former Pol.C. §§ 3136-3142 providing the method by which Enders could acquire ti- tle to lost property, former Pol.C. § 3142 providing that the proof required of the . owner was to be made before the clerk where the finder's claim was recorded was inapplicable. Id. § 2030.8 forfeiture for failure to make discovery If any person finds any money, property, or other valuable thing, and fails to make discovery of it pursuant to this article, he shall forfeit to the owner double its value. (Added Stats.1951, c. 656, P. 1S67, § 2.) 2080.9 Proof of ownership; procedure The proof required by this article shall be made before the clerk with whom the list is filed, and if he is satisfied that the person claim- ing it is the owner, he shall certify the fact under his hand and the seal of the court. (Added Stats.1951, c. 656, p. 1867, § 2.) Notes of Decisions Filing list by finder I Pleading 2 I. Filing list by finder Former Pol.C. § 3142 providing that filo Buell property with the clerk, and, in ab- sence of compliance by the finder, the owner was not precluded from having his title determined by normal processes in a court of law. Lilley v. Leggett (1943) 1402 P.2d 57,61 C.A.2,1 25. proof requmrd of the owner of lost prop. erty was to be made before the cfork 2. Pleading where the finder's claim was recorded ap- where defendants received a United plied only where finder had filed a list of States Aunt receipt for plaintiff', gold 202 3 P- u - A as .rt ed ut- be or be- rty. 1p - as he tth to Pt. 4 LOST 31ONET AND GOODS § 2080.6 the judge. (Added Stats.1951, c. 656, p. 1866, § 2, as amended Stats. 1953, c. 602, p. 1847, § 3.) Historical Note The 1953 nmendment substituted the See, also, Historical Note under section word "judge" for "justice of the peace". 2080.1. Cross References Valuation and description of property, see § 1S05. § 2030.4 Valuation and description lists; filing, recording and posting The judge shall file the list, and the finder shall within 15 days transmit the copy to the county recorder, who shall record it in a book known as the "estray and lost property book" or in the "official records." The finder shall also immediately post copies of the list at the courthouse door and four other public places in the judicial district. (Added Stats.1951, c. 656, p. 1866, § 2, as amended Stats.1953, c. 602, p. 1847, § 4.) Historical Note The 1053 amendment, at the beginning the judicial district" for "in the township of the first sentence, substituted the word or city". See, also, IIistorical Note under "judge" for the word "justice', and it the section 2080.1. cad of the final sentence substituted "in Cross References Entry in and estray and lost property book, see § 1865. § 2080.55 Vesting of property in finder; value tinder $20 If no owner appears and proves the property within six months, and its value does not exceed twenty dollars ($20), title vests in the finder. (Added Stats.1951, c. 656, P. 1867, § 2.) Cross References Title of finder, see § 1871. § 2080.6 Vesting of property in finder; value over $20 If the value exceeds twenty dollars ($20), within 30 days after Posting the list the finder shall cause a copy of the description to be published for three weeks in a newspaper printed in the county if there is one, or if there is no such newspaper, in a newspaper printed in the state. If the owner does not prove the property within one year after the publication it vests in the finder. (Added Stats.1951, c. 656, P. 1867, § 2.) Cross References Title of finder, see § 1871. 201 0 § 2080 LOST AND UNCLAI51ED PROPERTY Div. 3 starvation, when such property is of the value of ten dollars ($10) or more, shall inform the owner if known and make restitution with- out compensation, except a reasonable charge for saving and taking care of the property. (Added Stats.1951, c. 656, p. 1866, § 2.) Library references: Findiug Lost Goods Cr 5, 7; C.S.S. Finding Lost Goods § 7. Cross References Duties of finder, see § 1865. § 2080.1 Affidavit when owner unknown If the owner is unknown the person saving or finding the prop- erty shall within five days make an affidavit before a judge of a mu. nicipal or justice court in the county, stating when and where he found or saved the property, particularly describing it. If the property was saved, he shall state: (a) From what and how it was saved. (b) Whether the owner of the property is known to him. (c) That he has not secreted, withheld, or disposed of any part of the property. (Added Stats.1951, c. 656, p. 1866, § 2, as amended Stats.1953, c. 602, p. 1847, § 1.) Library references: Finding Lost Goods P5, 6; C.d.S. Finding Lost Goods §§ 2, 3. Historical Note The purpose of the 1153 amendment of In this section the amendment substitut- this section and sections 2050.2-2030.4 ed a requirement that an affidavit be was to conform the language of the sec- made before a "judge of a municipal or tions in referring to certain judicial offi- justice court in" the county, instead of be- cers to the present court structure. fore a "justice of the peace of the county. Cross References Affidavit when owner unknown, see § 1865. § 2080.2 Appointment of appraisers The judge shall summon three disinterested householders to ap- praise the property. (Added Stats.1951, C. 656, p. 1866, § 2, as amended Stats.1953, c. 602, p. 1847, § 2.) Historical Note ' The 1953 amendment substituted the _ word 'judge" for "justice'. See, also, Historical Note under section 2050.1. Cross References " Appointment of appraisers, see § 1865. § 2030.3 Valuation and description lists The appraisers, or any two of them, shall make two lists of the valuation and description of the property, and sign and make oath to the list. They shall deliver one list to the finder and the other to 200 iv. 3 of the 0001 aviga- io , n 1. gatlon Code '•ectlon - 832 cious- thing, ervice ,ence, com- actual n any or its iacted • Pt. 4 LOST MONEY AND GOODS § 2050 Notes of Decisions Rents and Profits, occupying co -tenants' possession of or right to chattels alleged - liability for, see Notes of Decisions under ly converted, but consists of interned -(;S5 dling with or use of or damage to chattels, references owner Ims a cause of action for trespass Library or case, and may recover only the actual Ilailment C=15, 18. damages suffered by reason of impairment C.J.S. Bailments §§ 30, 33. of the property or the loss of its use. I. Notice and grounds of action Zaslow v. Proenert (1'947) 170 P.^ -d 1,20 Where conduct complained of does not C.2d 541; 176 P.2d 8, 29 C.2d 873 amount to a substantial interference with § 2079. Repealed. Stats.1937, C. 368, p.1002, § 10001 Historical Note The repealed -section, enacted in 1872, created the Harbors and Navigation Code and amended by Code Am.1S73-74, C. 612, and the substance of its provisions were P. 247, § 212, related to salvage. The sec- incorporated into that code as Harbors tion was repealed in 1937 by the act which and Navigation Code i 53-L Chapter 4 LOST AND UNCLAIMED PROPERTY Article - . Section 1. Lost Money and Goods ----------------------------------------- 2080 2. Unclaimed Property ------------------------------------------- 2081 3. Fees of Officers ----------------------------------------------- 2082 Chapter 4 added by Stats.1951, c. 656, P. 1S66, § 2. Article 1 Article 1 added by Stats.1951, C. 656, p. 1S66, § 2. § 2030. Duties of finder; compensation Any person who find, any money, goods, things in action, or other personal property, or saves any domestic animal from drowning or 199 LOST MONEY AND GOODS Sec. 2080. Duties of finder; compensation. 2080.1 Affidavit when owner unknown. 2080.2 Appointment of appraisers. r` 2080.3 Valuation and description lists. 2080.4 Valuation and description lists; filing, recording and posting. ` x�Ti 2080.5 Vesting of property in finder; value under $20. .y 2080.6 Vesting of property in finder; value over $20. 2080.7 Requisites for restoration; action by owner. ^ 2080.8 Forfeiture for failure to make discovery. 2080.9 Proof of ownership; procedure. Article 1 added by Stats.1951, C. 656, p. 1S66, § 2. § 2030. Duties of finder; compensation Any person who find, any money, goods, things in action, or other personal property, or saves any domestic animal from drowning or 199