Chapter 2.32
UNCLAIMED PROPERTY HELD BY CITY
Sections:
2.32.030 Notice of unclaimed property.
2.32.040 Procedure for disposition of property.
2.32.050 Sale of unclaimed property.
2.32.060 Promulgation of procedural regulations.
2.32.010 Purpose.
The purpose of this chapter is to provide for the administration and disposition of unclaimed property which is in the possession of or under the control of the city. (Ord. 2013-9 § 1 (part): Ord. 1992-12 § 1)
2.32.020 Definitions.
Unless otherwise required by context or use, words and terms shall be defined as follows:
“Director” means the City Manager of the city or designee thereof.
“Intangible property,” in addition to the property included in the definition of “intangible property” in C.R.S. Section 38-13-102(7), means and includes but shall not be limited to: deposits for water, electric, gas, or cable TV service; overpayment on water, electric, gas or cable TV service; street cut permit deposits; developer cost recovery agreements; moneys unclaimed by beneficiaries in a pension fund; unredeemed gift certificates for recreation center services; property left in safekeeping at a municipal facility such as a coat check or locked locker, or weapons left with the police; uncashed payroll checks; bonds posted for reasons other than for Municipal Court; money or property from police forfeiture or seizure; lost and found money or property turned in to the municipality; and uncashed court-ordered restitution payments.
“Municipality” means the city of Glendale, Colorado.
“Owner” means a person or entity, including a corporation, partnership, association, governmental entity other than this municipality, or a duly authorized legal representative or successor in interest of same, which owns unclaimed property held by the municipality.
“Unclaimed property” means any tangible or intangible property, including any income or increment derived therefrom, less any lawful charges, held by or under the control of the municipality and which has not been claimed by its owner for a period of more than sixty (60) days after it became payable or distributable, except that bicycles and items removed from impounded vehicles shall be deemed unclaimed if held by or under the control of the municipality for thirty (30) days or more. Also included is all property held in a safe deposit box or any other safekeeping repository in this municipality which remains unclaimed by the owner for more than one (1) year after the lease or rental period on the box or other repository has expired. Unclaimed, abandoned or seized motor vehicles are excluded from this chapter as such property is governed by existing sections of the Glendale Municipal Code. Municipal court bond forfeitures are also excluded as such bonds are subject to the provisions of the Colorado Municipal Court Rules. (Ord. 2013-9 § 1 (part): Ord. 1996-2 § 1; 1992-12 § 1)
2.32.030 Notice of unclaimed property.
A. Prior to disposition of any unclaimed property having an estimated value of fifty dollars ($50.00) or more, the City Manager shall send a written notice by certified mail, return receipt requested, to the last known address, if any, of any owner of unclaimed property. The last known address of the owner shall be the last address of the owner as shown by the records of the municipality or any of its departments, or as determined by the City Manager. The 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. The notice shall state where the owner may make inquiry of or claim the property. The notice shall also state that if the owner fails to provide the City Manager with a written claim for the return of the property within thirty (30) days of the date of the notice, the property shall become the sole property of the municipality and any claim of the owner to such property shall be deemed forfeited. Unclaimed property contained within unclaimed, abandoned or seized motor vehicles is excluded from this chapter as such property is deemed to be part and parcel of the vehicle in which they are contained.
B. Prior to disposition of any unclaimed property an estimated value of less than fifty dollars ($50.00) or having no last known address of the owner, the city shall post a general notice on its website. The notice shall state where the owner may make inquiry of or claim the property. The notice shall also state that if the owner fails to provide the City Manager with a written claim for the return of the property within sixty (60) days of the date when the property came into the possession of the city, the property shall become the sole property of the municipality and any claim of the owner to such property shall be deemed forfeited. (Ord. 2013-9 § 1 (part): Ord. 1996-2 §§ 2 and 3; Ord. 1992-12 § 3)
2.32.040 Procedure for disposition of property.
A. If the City Manager receives no written claim within the above-described claim periods, the property shall become the sole property of the municipality and any claim of the owner to such property shall be deemed forfeited.
B. If the City Manager receives a written claim within the sixty (60) day claim period, the City Manager shall evaluate the claim and give written notice to the claimant within ninety (90) days thereof that the claim has been accepted or denied in whole or in part. The City Manager may investigate the validity of a claim and may request further supporting documentation from the claimant prior to disbursing or refusing to disburse the property.
C. 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.
D. In the event there is more than one claimant for the same property, the City Manager may, in the City Manager’s sole discretion, resolve the claims, or may resolve such claims by depositing the disputed property with the registry of the District Court in an interpleader action.
E. In the event all claims filed are denied, the property shall become the sole property of the municipality and any claim of the owner of such property shall be deemed forfeited.
F. The City Manager, within three (3) years of the forfeiture of unclaimed property, may cause any of such property other than money to be sold, at public sale or otherwise, or he may otherwise dispose of it, in the discretion of the City Manager, with the moneys collected to be paid into the general fund of the municipality.
G. If the City Manager determines after investigation that any forfeited unclaimed property has insubstantial commercial value, the City Manager may destroy, exchange, transfer or otherwise dispose of the property.
H. No action or proceeding may be maintained against the municipality or any officer or employee for or on account of any action taken by the City Manager pursuant to subsections F and G of this section. (Ord. 2013-9 § 1 (part): Ord. 1992-12 § 4)
2.32.050 Sale of unclaimed property.
A. Any public sale of unclaimed property must be preceded by a single publication of notice at least three (3) weeks in advance of sale, in a newspaper of general circulation within the limits of the municipality. The notice of sale shall describe the property and state where and when the sale shall take place.
B. Property sold at public sale shall be sold to the highest bidder, however, the City Manager, or his authorized agent, may decline the highest bid and reoffer the property for sale if in the judgment of the City Manager, or his authorized agent, the bid is insufficient.
C. The purchaser of property at any public sale conducted pursuant to this section takes the property free of all claims of the owner or previous holder thereof and all persons claiming through or under them. The City Manager, or his authorized agent, shall execute all documents necessary to complete the transfer of ownership. (Ord. 2013-9 § 1 (part): Ord. 1966-2 §§ 4, 5 and 6; Ord. 1992-12 § 5)
2.32.060 Promulgation of procedural regulations.
The City Manager may promulgate reasonable procedural rules and regulations for the administration and disposition of unclaimed property consistent with this chapter, including compliance requirements for other municipal officers and employees in the identification and disposition of such property. (Ord. 2013-9 § 1 (part): Ord. 1992-12 § 6)