Chapter 3.35
UNCLAIMED PROPERTY
Sections:
3.35.030 Abandoned or lost property.
3.35.010 Purpose.
The purpose of this chapter is to provide for the administration and disposition of lost, abandoned and unclaimed property which is in the possession of or under the control of the town. [Ord. 812 § 1, 2014; Code 1999 § 2-15-1].
3.35.020 Definitions.
Unless otherwise required by context or use, words and terms shall be defined as follows:
“Abandoned property” or “lost property” means any property delivered to the town as lost or abandoned, or property found by the police department as lost or abandoned, and held by the police department.
“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 abandoned, lost or unclaimed property held by the municipality.
“Town” means the town of Granby, Colorado.
“Town manager” means the town manager or his or her designee.
“Unclaimed property” means 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 town and which has not been claimed by its owner for a period of more than 30 days after it became payable or distributable, excluding motor vehicles. [Ord. 812 § 1, 2014; Code 1999 § 2-15-2].
3.35.030 Abandoned or lost property.
Any personal property delivered to the town as lost or abandoned within the town, or personal property that is found lost or abandoned on town property, shall be held by the town manager pending presentation of satisfactory proof of ownership for a period of 30 days. If the property has not been claimed within this time period, the property shall be considered unclaimed and shall be disposed of in accordance with the provisions of this chapter. [Ord. 812 § 1, 2014].
3.35.040 Notice and procedure regarding unclaimed property.
(a) Prior to disposition of any unclaimed property having an estimated value of $200.00 or more, the town 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 municipal department or agency holding the property. The notice shall include a description 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 town manager with a written claim for the return of the property within 30 days of the date of the notice, the property shall become the sole property of the town and any claim of the owner to such property shall be deemed forfeited.
(b) Prior to disposition of any unclaimed property having an estimated value of less than $200.00 or having no last known address of the owner, the town manager shall cause a notice to be placed on the town’s website. The notice shall include a description of the property, the owner 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 town manager with a written claim for the return of the property within 30 days of the date of the publication of the notice, the property shall become the sole property of the town and any claim of the owner to such property shall be deemed forfeited.
(c) If the town manager receives no written claim within the above 30-day claim period, the property shall become the sole property of the town and any claim of the owner to such property shall be deemed forfeited.
(d) If the town manager receives a written claim within the 30-day claim period, the town manager shall evaluate the claim and give written notice to the claimant within 30 days thereof that the claim has been accepted or denied in whole or in part. The town 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.
(e) In the event that there is more than one claimant for the same property, the town manager may, in his or her sole discretion, resolve said claims or may resolve such claims by depositing the disputed property with the registry of the district court in an interpleader action.
(f) In the event that all claims filed are denied, the property shall become the sole property of the town and any claim of the owner of such property shall be deemed forfeited.
(g) Any legal action filed challenging a decision of the town manager shall be filed pursuant to Rule 106 of the Colorado Rules of Civil Procedure within 30 days of such decision or shall be forever barred. If any legal action is timely filed, the property shall be disbursed by the town manager pursuant to the order of the court having jurisdiction over such claim.
(h) The town manager is authorized to establish and administer procedures 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. 812 § 1, 2014].
3.35.050 Disposition of unclaimed property.
(a) Any tangible unclaimed property for which ownership has passed to the town pursuant to the provisions of this chapter may be disposed of at a public or private sale, in a manner determined by the town manager, in his or her sole discretion, to maximize the consideration received for sale or disposition of such property. If the town manager determines that the unclaimed property has minimal resale value, such that the administrative time and expense of disposition is not justifiable, the town manager may destroy or otherwise dispose of the property at any time. In such case, the town manager shall make best efforts to find a suitable charitable donee for the unclaimed property. In no event shall the town manager transfer unclaimed property to an officer or employee of the town, or a relative of an officer or employee.
(b) The town manager may return any unclaimed property for which ownership has passed to the town pursuant to the provisions of this chapter to the person who turned such property in to the town; provided, no such lost and found property turned in to the town by a town employee shall be returned to such employee. If the person who turned in such property to the town is under the age of 18 years, such property shall be delivered to such person’s parent or legal guardian.
(c) Any property that is unclaimed or unsold after a public sale may, at the discretion of the town manager, be donated to charitable organizations or destroyed. [Ord. 812 § 1, 2014; amended during 2011 recodification. Code 1999 § 2-15-3. Formerly 3.35.030].