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HomeMy WebLinkAboutOrdinance 1818 - Unclaimed PropertyCITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER SNELL Council Bill No. 05 Ordinance No. 1818 Series 2025 TITLE: AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS CONCERNING DISPOSITION OF LOST, ABANDONED, OR UNCLAIMED PROPERTY WHEREAS, the City of Wheat Ridge is a home rule municipality having all powers conferred by Article XX of the Colorado Constitution; and WHEREAS, pursuant to its home rule authority and C.R.S. § 31-23-101, the City, acting through its City Council (the “Council”), is authorized to adopt ordinances for the protection of the public health, safety or welfare; and WHEREAS, in the exercise of this authority the Council has previously adopted provisions within the Code of Laws concerning lost or abandoned property; and WHEREAS, the Council wishes to amend Section 2-5 of the Code on disposition of unclaimed property generally and Article IV of Chapter 19 of the Code concerning unclaimed property held by the police department. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 2-5 of the Code of Laws is amended to read in its entirety as follows: Sec. 2-5. Disposition of unclaimed property. (a) Purpose, PREEMPTION OF STATE LAW. The purpose of this section AND OF ARTICLE IV OF CHAPTER 19 OF THE CODE is to provide for the administration and disposition of unclaimed property which is in the possession of or under the control of the municipalityCITY. THE CITY COUNCIL DECLARES ITS INTENT TO FULLY OCCUPY THE FIELD OF UNCLAIMED PROPERTY DISPOSITION AND TO CONFLICT WITH AND PREEMPT ARTICLE 13 OF TITLE 38 OF THE COLORADO REVISED STATUTES TO THE EXTENT PERMITTED BY CRS 38-13-1504. (b) Definitions. Unless otherwise required by context or use, words and terms shall be defined as follows: (1) .Unclaimed property means INTANGIBLE PROPERTY AND TANGIBLE PROPERTY AS DEFINED HEREIN. Any tangible or intangible property, including any income or increment derived therefrom, less any lawful charges, that is held by or under the control of the CITYmunicipality and which has not been claimed by its owner AS PROVIDED HEREIN. for a period of more than two (2) years after it became payable or distributable. For purposes of this section, "unclaimed property" shall not mean lost, abandoned, stolen or confiscated personal property as provided in article IV, chapter 19 of this Code. The disposition of lost, abandoned, stolen or confiscated personal property shall be governed by the provisions contained in article IV, chapter 19, notwithstanding the provisions of this section. (2) INTANGIBLE PROPERTY MEANS CASH AND FINANCIAL INSTRUMENTS AS DEFINED AT CRS 38-13-102 AND CRS 38-13-205, AND THE CONTENTS OF SAFE DEPOSIT BOXES. (3) Municipality means the City of Wheat Ridge, Colorado. (4) Owner means a person or entity, including a corporation, partnership, association, governmental entity other than the municipality, or a duly authorized legal representative or successor in interest of same, which owns unclaimed property held by the municipalityCITY. (5) TANGIBLE PROPERTY MEANS ALL PROPERTY OTHER THAN INTANGIBLE PROPERTY. (c) Procedure for disposition of property DISPOSITION PROCEDURE. (1) INTANGIBLE PROPERTY MAY BE RETAINED OR DISPOSED OF FIVE (5) YEARS AFTER IT HAS BEEN HELD BY THE CITY AS UNCLAIMED. TANGIBLE PROPERTY MAY BE DISPOSED OF 60 DAYS AFTER IT HAS BEEN HELD BY THE CITY AS UNCLAIMED. (2) Prior to disposition of any unclaimed property, the city clerk shall cause a notice to be SENTpublished in a newspaper of general circulation in the municipality. In addition, the city clerk shall send a written notice by certified mail, return receipt requested, to the last known address, if any, of any owner of THE unclaimed property. The last known address of the owner shall be the last address of the owner as shown by the records of the municipal department or agency holding the property. Each such notice shall include a description of the property, the amount or estimated value of the property and when available, the purpose for which the property was deposited or otherwise held. Each suchTHE notice shall state where the owner may make inquiry of or claim the property. Each such notice AND shall also state that if the owner fails to provide the city clerk with a written claim for the return of the property within sixty (60) days of the date of the notice, the property shall become the sole property of the CITYmunicipality and any claim of the owner to such property shall be deemed forfeited. (3) If the city clerk receives no written claim within the above sixty-day claim period, the property shall become the sole property of the CITYmunicipality and any claim of the owner to such property shall be deemed forfeited. (4) If the city clerk receives a written claim within the sixty-day claim period, the city manager shall evaluate the claim and DETERMINE WHETHER THE CLAIM IS give written notice to the city clerk and the claimant within ninety (90) days thereof that the claim has been accepted or denied in whole or in part. The city manager may request further supporting documentation from the claimant prior to disbursing or refusing to disburse the property. In the event that there is more than one claimant for the same property, the city manager may, at the city manager's option, resolve such claims or may resolve such claims by depositing the disputed property with the registry of the District Court in an interpleader action. (5) In the event that all THE claims filed are IS denied, the property shall become the sole property of the CITYmunicipality and any claim of the owner of such property shall be deemed forfeited. (6) Any legal action filed challenging a decision of the city manager shall be filed pursuant to Rule 106 of the Colorado Rules of Civil Procedure within thirty (30) days of such decision or shall be forever barred. If any legal action is timely filed, the property shall be disbursed by the city manager pursuant to the order of the court having jurisdiction over such claim. (7) The City Manager is authorized to establish and administer procedures for the administration and disposition of unclaimed property consistent with this section. including compliance requirements for other municipal officers and employees in the identification and disposition of such property. (8) THE CITY MANAGER SHALL CAUSE AN ANNUAL REPORT TO THE STATE TREASURER OF INTANGIBLE PROPERTY BEING HELD BY THE CITY, PURSUANT TO CRS 38-13-1504. Section 2. Code section 19-80 is repealed and reenacted in its entirety to read as follows: Sec. 19-80. - Disposition if OF unclaimed PROPERTY. If property held in custody BY THE CHIEF OF POLICE remains unclaimed sixty (60) days after such property is no longer required to be held in evidence pursuant to section 19-77, or sixty (60) days after such property has come into the possession of the chief of police or thirty (30) days after the mailing of any letter of notice provided for in section 19-79, such property may be retained by the police department and kept for use by the city for training programs or otherwise, or disposed of from time to time by the chief of police or his designee IN THE MANNER PROVIDED BY CODE SECTION 1-5, WHEREBY THE CHIEF OF POLICE SHALL HAVE THE POWERS AND DUTIES OF THE CITY MANAGER AND CITY CLERK WITH RESPECT TO NOTICE TO OWNERS AND DISPOSAL AS DESCRIBED THEREINas follows: Section 3. The following sections of Article IV of Chapter 19 of the Code of Laws are repealed: 19-81, 19-83, 19-84, 19-85, 19-86, 19-87, 19-88, 19-89, 19-90, and 19-92. Section 4. Present Code sections 19-82 and 19-91 are renumbered as 19-81 and 19-82, respectively. As renumbered, Code section 19-82 is amended to read in its entirety: Sec 19-82 Rights of Finder. Notwithstanding any other provision of this article, whenever any item of lost or abandoned property has been found and delivered to the chief of police or to one (1) of his subordinates for care, custody and control, such item shall be returned to the original finder whenever claim has been made by the finder and the following conditions have been met: (1) The claimant is the person who originally found the lost or abandoned property. (2) The claimant, after surrendering the property to the chief of police, has served written notice of his intention to make a claim on that item within sixty (60) days of the surrender of the item. (3) The lost or abandoned property has remained unclaimed by the owner or person having a right to the property for sixty (60) days after surrender of the property to the chief of police. (4) The lost or abandoned property is not stolen or confiscated property, nor property held under the exceptions outlined in sections 19-86 to 19-89, nor property held as evidence pursuant to section 19-77. Section 5. Severability, Conflicting ordinances repealed. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 6. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on the 10th day of February 2025, order it published by title in a newspaper of general circulation in the City of Wheat Ridge and in full on the City’s website, and Public Hearing and consideration on final passage set for February 24, 2025 at 6:30 p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of 8 to 0, this 24th day of February 2025. SIGNED by the Mayor on this 25th day of February 2025. Bud Starker, Mayor ATTEST: Margy Greer, Senior Deputy City Clerk Approved as to Form Gerald E. Dahl, City Attorney First Publication: February 11, 2025 Second Publication: February 25, 2025 Effective Date: March 13, 2025 Published: Jeffco Transcript and www.ci.wheatridge.co.us