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Home My WebLink About1992 Ordinance No. 025,. ORDINA,'IICENO. ~5 SERIES OF 199!)_ BY AlJ!liORITY COUNCIL BD.L NO . 22 INIRODUCED BY COUNCIL MEMBER BUI.LOCK AN ORDINANCE AMENDING SECTIONS 4 AND 5 , CHAPTER 2 OF 1Tl1.E 7 , OF THE ENG LEWOOD MUNICIPAL CODE 1985 TO ESTABLISH 1liE PROCEDURE FOR THE ADMINISIBATION AND DISPOSmON OF UNCI.AIMED PROPERTY. 10 11 WHEREAS , cenaln property held by or under the control of the City of Eng lewood which Is owned by an Individual or enUty may be unclaJmed by the owner; and WHEREAS , the City of Englewood desires lo establish an admlnlstratlve procedure for notlflca tlon and, where possible, transfer of unclaJmed property 10 th e owner: and WHEREAS~the City of Englewood desires to dispose of u nclaJmed property after notlfl cauon has been provided; and WHEREAS , the City of Englewood desires to enact a local law providing a local proce dure for admlnlstraUon a nd disposition of unclaJmed property; and WHEREAS , the State LeglslaUon has passed House Bill 92-1152 which would take this revenue sources from the City of Englewood: NOW , TIIEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF TI-IE CITY OF ENGLEWOOD . COLORADO, AS FOU.OWS; ~-SecUons 4 and 5 , Chapter 2 ofntle 7 . E.M.C. 1985 ls hereby repealed and amended to be read as foll ows; 7-2-4; ADMINISIBATION AND DISPOSmON OF UNCLAIMED PROPERTY. 7-2-4-1; DEFINITIONS. UNLESS OTI!ERWISE REQUIRED BY COJlr!EXT OR USE. WORDS AND TERMS SHAU, BE DEFINED AS FOU.OWS: UNC LAJMED PROPERTY ANY TANGIBLE OR INTANGIBLE PROPERTY, INCLUD ING ANY INCOME OR INCREMENT DERIVED THEREFROM. L 'sSS ANY LAWFUL CHARGES , THAT IS HELD BY OR UNDER THE CONTROL OF THE CITY OF ENGLEWOOD AND WHICH HAS NOT BEEN CLAIMED BY rrs OWNER FOR A PERIOD OF MORE THAN THIRTY (30} DAYS AFTER IT BECAME PAYABLE OR DIS1RIBUTABLE . OWNER A PERSON OR ENTITY, INC LUDI NG A CORPORATIO N, PAR'J111ERSHIP, ASSOCIATIO N. GOVERNME NTAL E NTllr OTI!ER THAN THIS MUNICIPALITY . OR A DULY AlJ!liORIZED LEGAL REPR<.SENTATIVE OR SUCCESSOR IN INTEREST OF SA!~E. WHICH OWNS UNC LAJ MED PROPERIY HELD B'( THE CITY OF ENGLEWOOD . DIRECTOR THE DIRECTOR OF SAFElr SERVlCES OR HIS DESIGNEE . 7-2-1-2: PROCEDURE FOR DISPOSmON OF PROPERTY. A . PRIOR TO DISPOSmON OF ANY UNCIAIMED PROPERTY HAVlNG AN ESTIMATED VALUE OF FIFiY DOLLARS ($50.00) OR MORE. 1liE DIRECTOR SHALL SEND A WRITIBN NOilCE BY FIRST CLASS POSTAGE, TO 1liE LAST KNO\'lN ADDRESS, IF ANY , OF ANY OWNER OF UNCIAIMED PROPER!Y. 1liE LAST KNOWN ADDRESS OF 1liE OWNER SHALL BE TilE ADDRESS OF 1liE OWNER AS SHOWN BY RECORDS OF 1liE MUNICIPAL DEPARTME NT OR AGENCY HOLDING 1liE PROPERIY. 1liE N0!1CE SHALL INCLUDE A DESCRIPTION OF 1liE PROPERIY. THE AMOUNT OF ESTIMATED VALUE OF 1liE PROPERIY. AND . WHEN AVAII.J\BLE. THE PURPOSE FOR WHICH THE PROPERIY WAS DEPOSITED OR OTHERWISE HELD . THE NOTICE SHALL STATE WHERE 1liE OWNER MAY MAKE INQUIRY OF OR CIAIM TilE PROPERIY. THE N0!1CE SHALL N.SO STATE THAT IF THE OWNER FAILS TO PROVlDE TilE DIRECTOR wml A WRJTraN CIAIM FOR 1liE RE11JRN OF TilE PROPERIY WT!lilN 1lilRTY (30) DAYS OF TilE DATE OF TilE NOTICE . THE PROPERTY SHALL BECOME THE SOLE PROPERIY OF 1liE CTIY OF ENGLEWOOD M'D A.W CLAIM OF THE OWNER TO SUCH PROPERIY SHALL BE DEEMED FORFEITT:D . B. PRIOR TO DISPOSmON OF A.'fY UNCIAIMED PI\OPERTl' HAVlNG AN ESTIMATED VALUE OF LESS THAN FIFTY DOLLARS ($5\J.OO) OR HAVlNG NO LAST KNOWN ADDRESS OF 1liE OWNER. T, iE Diru;CTOR SHALL CAUSE A NOTICE TO BE PUBUSHED IN A NEWSPAPER CF GENERAL CIRCULATIO N IN 1liE CTIY OF ENGLEWOOD . 1liE NOTICE SHALL INCLUDE A DESCRIPTION OF THE PROPERlY, THE OWNER OF THE PROPERIY. TilE A."'10UNT OR ESTIMATED VALUE OF THE PROPERJY AND, WHEN AVAILABLE, THE PURPOSE FOR WHICH THE PROPERTY WAS DEPOSITED OR OTHERWISE HELD. THE NOTICE SHALL STATE WHERE 1liE OWNER MAY MAKE INQUIRY OF OR CLAIM THE PROPERTY. THE NOTICE SHALL Al.sO STATE THAT IF THE OWNER FAILS TO PROVIDE THE DIRECTOR WTl1i A WRITIBN CLAIM FOP THE RETURN OF THE PROPERTY WT!lilN THIRTY (30) DAYS OF THE DATE OF THE PUBLICATION OF THE N0!1CE, THE PROPERIY SHALL BECOME 1liE SOLE PROPERIY OF THE CTIY OF ENGLEWOOD AND ANY CLAIM OF 1liE OWNER TO SUCH PROPERIY SHALL BE DEEMED FORFEm:D. C. IF TilE DIRECTOR RECEIVES NO WRITTEN CLAIM WITHIN THE ABOVE THIRIY (30) DAY CLAIM PERIOD . THE PROPERTY SHALL BECOME THE SOLE PROPERTY OF THE CTIY OF ENGLEWOOD AND ANY CIAIM OF TilE OWNER OF SUCH PROPERTY SHALL BE DEEMED FORFEm:D. D . IF THE DIRECTOR RECEIVES A WRITTEN CIAIM \V11lilN THE 1lilRIY 130) DAY CIAIM PERIOD, THE DIRECTOR SHALL EVALUATE THE CIAIM AND GIVE WRITTEN NOTICE TO THE CLAIMANT \V11li lN NINETY 190) DAYS THEREOF THAT THE CIAIM HAS BEEN ACCEPTED OR DENIED IN WHOLE OR IN PART. TilE DIRECTOR MAY INVESTIGATE THE VALIDITY OF A CLAIM AND MAY REQUEST FUR!liER SUPPORTI NG DOCUMENTATIO N FROM THE CLAIMANT PRIOR TO DISBURSING OR REFUSING TO DISBURSE THE PROPERTY. E . IN THE EVEl\1 THAT THERE IS MORE THAN O NE CLAIMAXT FOR THE SAME PROPERTY . TrlE DIRECTOR MAY, IN THE DIRECToR·s SOLE DISCRETION. F<ESOLVE SAID CLAIMS, AN INTE?.PLEADER ACTIO N. -2 · I e · f . IN TilE EVENT TiiAT ALL CLAIMS FILED ARE DENIED . THE PROPER1Y SHALL BECOME TiiE SOLE PROPERIY Of TiiE CITY Of ENGLEWOOD M 'D ANY CLAIM Of TIJE OWNER Of SUCH PROPERIY SHAU. BE DEEMED FORFEITED . G. ANY LEGAL ACTION FILED CHALLENGI NG A DECISION Of TIJE DIRECTOR SHALL BE FILED PURSUANT TO COLORADO I.AW W11lilN THIRIY 1301 DAYS Of SUCH DECISION OR SHALL BE FOREVER BARRED . If ANY LEGAL ACTION IS TIMELY FILED, TIJE PROPER1Y SHALL BE DISBURSED BY THE DIRECTOR PURSUANT TO TiiE ORDER Of TilE COURT HA YING JURISDICTION OVER SUCH CLAIM . H. TIJE DIRECTOR IS AUTHORIZED TO ESTABLISH AND ADMINISTE R PROCEDURES FOR THE ADMI NISTRATION AND DISPOSmON Of UNCLAIMED PROPER1Y CONSISTENT W11li TIJIS ORDI NANCE , INCL UD ING COMPL1ANCE REQ UIREMENTS FOR OTIJER MUNIC IPAL OFFI CERS AND EMPLOYEES IN THE IDENTIFICATION AND DISPOSITI ON Of SUCH PROPERIY. 7-2-4-3: SALE Of UN CI.AIMED PROPERIY. THE CITY Of E NGLEWOOD MAY DIS POS E Of ANY UN CLAIMED PROPERIY BY AUCTION OR DESTRUCTION. Ul'\CI.Al~IED PROPERIY MAY ALSO BE SOLD AFTER TIJE SOLICITATION Of SEALED RIDS . 7-2---44: AT TIJE OPTION Of THE DIRECTOR Of ADMINISTRATIVE SERVICES. AW TOYS Of WHATSOEVER NATURE . INCLUDING BICYCLES AND TRICYCLES AND OTIJER ARTICLES MADE FOR USE BY CHILDREN WHICH ARE LEFT UNCI.AIMED FOR TIJIRIY 1301 DAYS OR MORE, MAY BE SOLD IN ACCORDANCE \VITIJ SECTION 7-2·4 OR IN THE ALTERNATIVE MAY BE GIVEN TO SUCH NEEDY AND UNFORTUNATE CHILDREN WnHI N TIJE CITY AS TIJE DIRECTOR Of ADMI NISTRATIVE SERVICES DE E MS APPROPRIATE. IN TIJE EVENT Of DISPOSmON Of S UCH ARTICLES WITHOUT SALE . THE DIRECTOR Of ADMINISTRATIVE SERVICES SHALL . AT LEAST TE N 110) DAYS PRIOR T'.J SUCH DISPOSmON. CAUSE A PUBLIC NOTICE Of TIJE DESCRIPTION Of SUCn ARrlCLES TO BE PUBLISHED AND SHALL PROVIDE FOR A REASONABLE OPPORTUNITY FOR THE RIGHTFUL O\VNE ~ "'Cl CLAIM THE SAME . ~-Effective date . Tots ordinance ls efTec Uve July l. 1992. 1992. Introduced. read In full , and passed on first rea ding on the 1st day of J une . 1992 . Publlshed as a Bill for an Ordina nce on the 4th day of June. 1992 . Rea d by ti t le an d pas sed on finol reading on th e 15th day of J un e, 199 2. Publis hed by ti tle a s Ordi nonce No .~~ Ser ies of 199 2, on the 18th day of J une, _00,,J, L c.\ .. ~~ ·'ci;l'J."E. Wiggin s ) yor ~~ ~-v5v .(Llr-' Patrieta H. Crow , City Cle rk .3. I, Patricia H. Crow, City Clerk of the City of Englewood, Colorado, hereby certify thot th e above and foregoine is a true copy of the Ordinance pa11ed on final reading and pu b lis hed by titl e as Ordinance No .cz?.z Series of 1992. c~r.u..a_1.ti/A H1r Patricio H. Crow COUNCIL COMMUNICATION REGARDING : C .B. 22, Series of 1992 -Confiscated Goods. FROM : Rick DeWitt, City Attorney DATE : May 27, 1992 The Legislature in the last session passed H .B. No . 92-1152, this Bill concerns unclaimed property, i.e. confiscated property, abandoned vehicles and unclaimed articles as far as the City of Engle·vood is concerned . In recent years the legislature has been assuming authority and control over such property, through a series oflegislative efforts as a means of raising revenue. They have had some success with bank accounts and now the State is expanding it to include virtuaJly every type of abandoned property. fhe Property becomes the subject of the State. With respect to the efforts of the City of Englewood we hav~ a substantial vested interest in certain confiscated and/or abandoned property. Although the Act allows for certain administrative coats, this has been a revenue source for the City of Englewood to off set its Police and Code Enforcement functions in areas dealing with cars, bicycles and other types of property that have some value. Without Council ,macting this legislation there maybe some question under Colorado Law whether the City would have the authority to retain the r evenues from the sale of the confiscated articles. The Act does provide a specific exemption if the City does so, I should point out that I beli eve that the City may legislate regardless in this area given it's home rule authority. In order to avoid the issue it is efficient to pass this legislation . In 1991 the City received $14,518.00 gross revenue in terms of abandoned , confiscated and unclaimed property. Without this legislation the City would lose this revenue, but the City would break even according to the terms of the current State Statue. It is recommended that the City Council pas s C.B . No. 22 , Seri es of 1992. 11 d