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A. Sale. At any time after the expiration of the time periods, as set forth in Section 3.16.020 of this chapter, the chief of police shall turn all such unclaimed personal property over to the city finance department, who shall sell all such property at public auction to the highest bidder. At least five days prior to such sale, the finance director shall cause to be published in a newspaper of general circulation in the city a notice of the date, time and place of the auction.

B. Exceptions. This section shall not apply to:

1. Any property which is being held in evidence in a pending case;

2. Any property which has not been properly marked in accordance with Penal Code Section 537e;

3. Any property which is used or disposed of in accordance with Section 3.16.050 of this chapter. (Prior code § 5.16.020)