HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 07/19/2016 - FIRST READING OF ORDINANCE NO. 093, 2016, AMENDINGAgenda Item 18
Item # 18 Page 1
AGENDA ITEM SUMMARY July 19, 2016
City Council
STAFF
Wendy Williams, Assistant City Manager
SUBJECT
First Reading of Ordinance No. 093, 2016, Amending the City Code Pertaining to the Disposition of Tangible
Personal Property.
EXECUTIVE SUMMARY
The purpose of this item is to amend the City Code to eliminate the current provisions pertaining to disposition
of tangible personal property and replace with a reference to administrative procedures. The disposition of
lost, abandoned, unclaimed or unattended tangible personal property found within a natural area, park, trail,
other outdoor City property, and within a City facility will be governed by administrative policies adopted by the
City Manager and on file in the City Clerk’s Office. The disposition of firearms, illegal property, identification
documents, financial transaction devices, computers or electronic items that store personal identification
information will be governed by Fort Collins Police Services Standard Operating Procedures.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
This amendment to the City Code is intended to provide a practical and consistent approach to disposing of
lost, abandoned, unclaimed or unattended tangible personal property. The volume of abandoned, unclaimed or
unattended items left within City natural areas, parks, trails, and other outdoor City property has increased
significantly over the last few years. This type of property typically includes sleeping bags, clothing, backpacks,
tents and other items. By virtue of the property’s exposure to the elements, these articles frequently become
deteriorated to the point they are no longer of value or utility.
The resulting workload from the collection of such property is rapidly exceeding City staff’s ability to safely and
effectively handle the items as current City Code provision requires that the material be inventoried and logged
into Police Services’ property and evidence system for a thirty (30) day holding period followed by a ten (10)
day publication period. This handling, transport and storage is complicated when these items are soiled with
bodily fluids, saturated from precipitation, or contain broken glass, hypodermic needles, or other hazardous
material. Likewise, this material left uncollected presents a public safety risk and is incompatible with the City’s
responsibility of maintaining public property in a clean and safe condition.
An administrative policy provides the flexibility of being able to make changes if and when needed to address
any unanticipated issues. The proposed administrative policy states that:
Trash, perishable or hazardous property will be disposed of or destroyed immediately.
Property will be tagged at the site with a notice that property must be removed no later than 72 hours
after date and time posted. Tagging requirement will not apply to single items left abandoned,
unclaimed, or unattended.
Unclaimed property will be evaluated for value or utility.
Property determined to have little or no apparent value or utility will be removed and destroyed.
Agenda Item 18
Item # 18 Page 2
Property determined to have apparent value or utility will be removed and stored at the Fort Collins
Parks Maintenance Office (Park Shop) for 30 days.
Owner may contact the Park Shop to make an appointment to reclaim items removed by the City.
Items unclaimed after 30 days will be handled in accordance with Purchasing policies. At this time, it
is expected that these materials will be provided to a non-profit organization (currently expected to be
Homeless Gear) to support a local program that enables residents to have equal access to clothing,
gear and other types of personal property to address their basic human rights and needs.
Owner may request an administrative review of the destruction or disposal of property.
ENVIRONMENTAL IMPACTS
Replacing the City Code provisions with an administrative policy will make it easier to remove abandoned,
unclaimed or unattended items from City property. Cleanup of this material will include the removal of
hazardous waste associated with drug and alcohol abuse, disposal of clothing, sleeping bags and other
material with bodily waste, rodent droppings, and other factors that raise human health considerations.
Cleaned sites will improve aesthetics and safety for lawful users of natural areas, parks, and trails. Finally,
long-term reduction of deteriorated items throughout our public spaces will reduce exposure of hazardous
material to City cleanup crews.
While the amount of waste going to the landfill will increase, this is preferable to personal property being left to
deteriorate in Natural Areas and Parks.
SOCIAL IMPACTS
Prior outreach to stakeholders regarding proposed changes to Section 23-130 identified several concerns
which have been addressed in the proposed administrative policy. Property will be tagged for 72 hours before
removal. Tangible personal property will be removed and held for 30 days at a site where owners are more
likely to feel comfortable claiming their property. Involvement by a non-profit organization will result in the
distribution of lost, abandoned, unclaimed or unattended items to residents in need of such property.
CITY FINANCIAL IMPACTS
No significant City financial impacts are expected.
BOARD / COMMISSION RECOMMENDATION
The current Code provisions which pertain to the disposition of tangible personal property were reviewed at the
February 18 Super Board meeting. The key components of the proposed Administrative Policy were also
presented, with no concerns expressed.
PUBLIC OUTREACH
Feedback was sought from the primary service providers in the City, including the Fort Collins Homeless
Coalition, Homeward 2020, Homeless Gear and the Murphy Center to an earlier proposal to modify Section
23-130, Disposition of lost, abandoned or other unclaimed property.
ATTACHMENTS
1. Proposed Administrative Policy (PDF)
2. Powerpoint presentation (PDF)
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2.9 Lost, Abandoned, Unclaimed or Unattended Tangible Personal Property
A. Definition.
Tangible property shall mean corporeal personal property of any kind that can be
seen, weighed, measured, felt, or touched, or is in any other way perceptible to the
senses, but excluding the property defined in City Code Section 23-132 (Chapter
23, Article IV, Division 3, Section 23-125). This definition shall apply to
Sections 2.9, 2.10 and 2.11 of these policies.
B. Lost, Abandoned, Unclaimed or Unattended Tangible Personal Property
within a Natural Area, Park, Trail or other outdoor City property.
(1) Property Must be Noticed
a) With the exceptions of trash, perishable or hazardous property,
currency, and as provided in 2.9C and 2.10 of the City Manager’s Policies,
all lost, abandoned, unclaimed or unattended tangible personal property
found within a natural area, park, trail or other outdoor City property, by a
peace officer or specially commissioned officer of the City, or his or her
designee(s) (hereafter referred to as “Officer”), shall be tagged with a
notice (both in English and Spanish) at the site of the property not less
than seventy-two (72) hours before removal, which states the following:
i. That the property must be removed not later than the date
and time posted (seventy-two hours from posting) pursuant to
administrative policies adopted by the City Manager and on file in
the office of the City Clerk;
ii. That unremoved items of little apparent value or utility will
be destroyed or otherwise disposed of; and
iii. That the owner may contact the Fort Collins Parks
Maintenance Office (Park Shop) between 8:00 a.m. & 3:30 p.m.
Monday thru Friday at given phone numbers to make an
appointment to reclaim items of value or utility that are removed
by the City.
(2) Property Must be Evaluated for Value or Utility
a) All lost, abandoned, unclaimed or unattended tangible personal
property found within a natural area, park, trail or other outdoor City
property shall be evaluated for value or utility. In making the
determination regarding value or utility, an Officer shall consider the
following factors:
ATTACHMENT 1
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i. The apparent condition of the property, including, but not
limited to, whether it is damp, soiled, moldy, infested, or in a state
of substantial disrepair, and its apparent ability to serve its
intended purpose in its current condition; and
ii. The material of which the property is made or constructed;
and
iii. Whether the property would have significant marketable
value in its current condition; and
iv. The degree to which the property is protected from or
exposed to the elements of nature and therefore susceptible to
damage or deterioration; and
v. Whether the property could reasonably appear to have
personal value to the owner for sentimental or business purposes,
such as photos, documents of identification, letters, or other written
materials; and
vi. Any other factors apparent to the Officer which would have
an impact on its value or utility.
b) If the material is other than currency, firearms, illegal property,
identification document, financial transaction device or computer or
electronic item that stores personal identification information, and is
reasonably determined by an Officer to be of apparent value or utility, it
will be removed following a posting of notice in the form described above,
and stored at The Fort Collins Parks Maintenance Office (Park Shop) for
thirty (30) days. Currency, firearms, illegal property, identification
document, financial transaction device or computer or electronic item that
stores personal identification information will be processed in the manner
described at 2.12 of the City Manager’s Policies.
(3) Property Determined to be of Little or No Apparent Value or Utility
a) Lost, abandoned, unclaimed, or unattended personal property of
little or no apparent value or utility, as reasonably determined by an
Officer, that is found upon and within a City natural area, park, trail or
other outdoor City property may be removed and destroyed or otherwise
disposed if it has been determined that:
i. No person is within the immediate vicinity of such property
at the time the Officer discovers such property and the Officer has
posted notice as indicated above; or
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ii. A person claiming ownership of the property is within the
immediate vicinity of such property, and fails to remove all of his
or her property within seventy-two hours after posting of the notice
above; or
iii. Identifying contact information is readily apparent at the
site of the property and the Officer has attempted to, but has not
been successful in, contacting the property owner to obtain
removal of the property.
(4) Trash
If the material is reasonably determined by an Officer to constitute trash, it
will be destroyed or disposed of immediately without notice or hearing.
Trash shall mean material that is worthless, useless, or constitutes litter,
and includes, but is not limited to, used food containers, soiled food,
plastic or paper bags, destroyed objects, broken pieces of objects, debris,
pieces of paper dropped on the ground, and similar detritus.
(5) Perishable or Hazardous Property
If the material is reasonably determined by an Officer, to constitute
perishable or hazardous property, it will be immediately destroyed or
disposed of without notice or hearing. Perishable or Hazardous property
shall include consumable substances and other materials of a nature
subject to decay, environmental contamination, or otherwise deemed
inadvisable to retain for public health and safety reasons.
C. Single Items of Tangible Personal Property Left Abandoned, Unclaimed or
Unattended in a Natural Area, Park, Trail or Other Outdoor City Property.
Except as otherwise provided in Section 2.10, single items of tangible personal
property left abandoned, unclaimed or unattended in a natural area, park, trail or
other outdoor City property will be handled as follows:
(1) Trash, perishable or hazardous property will be disposed of or destroyed
immediately.
(2) Unclaimed property will be evaluated for value or utility.
(3) Property determined to have little or no apparent value or utility will be
removed and destroyed.
(4) Property determined to have value or utility will be taken directly to the
Fort Collins Parks Maintenance Office (Park Shop), and then shall be used or
disposed of as determined by the Purchasing Agent.
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2.10. Lost, Abandoned, Unclaimed or Unattended Tangible Personal Property within or
on the grounds of a City Facility
Lost, abandoned, or unclaimed personal property within or on the grounds of a City
facility, owned or operated by the City shall be handled as follows:
(1) Trash, perishable or hazardous property will be disposed of or destroyed
immediately.
(2) Unclaimed property will be evaluated for value or utility.
(3) Property determined to have little or no apparent value or utility will be removed
and destroyed.
(4) Property determined to have apparent value or utility will be stored on site for 30
days.
(5) Items unclaimed after 30 days will be taken to the Fort Collins Parks Maintenance
Office (Park Shop), and then shall be used or disposed of as determined by the
Purchasing Agent.
2.11 Administrative Review
(1) Administrative review of the destruction or disposal of any property under
Sections 2.9 and 2.10 and review of any request for reasonable compensation in
connection with the same shall be as provided in this Subsection.
a) To request a hearing to review the decision regarding the destruction or
disposal of property and to request reasonable compensation, the owner of the
property must notify, in writing, the City Manager’s Office within thirty (30) days
of destruction or disposal.
b) Except as agreed by the requesting party, any requested hearing must take
place within thirty (30) days of receipt by the City of the request for hearing. The
hearing officer may be an independent contractor to the City or any employee or
officer of the City appointed as the hearing officer by the City Manager’s Office,
so long as such appointee was not involved in the removal, destruction, or
disposal of the property at issue.
c) The hearing decision may be appealed in accordance with Colorado law.
d) A request for a hearing by said property owner as provided in this Section
shall not constitute a written notice of injury as defined in §24-10-109, Colorado
Revised Statutes.
2.12 Firearm, Illegal Property, Identification Document, Financial Transaction Device
Or Computer Or Electronic Item That Stores Personal Identification Information
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Any firearm, illegal property, identification document, financial transaction device or
computer or electronic items that stores personal identification information that is found
upon and within a City natural area, park, trail or other outdoor City property or within a
City facility shall be immediately turned over to Fort Collins Police Services.
1
Disposition of Tangible Personal Property
Wendy Williams
ATTACHMENT 2
Background
Current Code regarding disposition of lost, abandoned, or other
unclaimed property requires City to:
• Inventory and log into Police Services property and evidence system
• Store for not less than 30 days
• Then publish notice to afford owner opportunity to reclaim the
property
2
Background
• Concern about amount of abandoned and unclaimed items left on
City property, specifically in natural areas, parks or trails
• Handling, transport and storage is complicated when items are
soiled, wet, or contain hazardous material
• Material left uncollected may present a public safety risk
• Replace Code section with Administrative policy adopted by the City
Manager
3
Draft Administrative Policy
• Trash - destroy or dispose of without notice;
• Of little or no value - post notice that property not removed
within 72 hours will be destroyed or otherwise disposed of;
• Reasonably determined to be of apparent value or utility -
removed after no less than 72 hours and stored for 30 days at
Fort Collins Maintenance Office
• Administrative review of the destruction or disposal of any
property
4
Stakeholder Concerns
• 24 hour notification period too short
• Existing protocol for reclaiming items of value at Police Services
discourages owners from claiming property
• No local service provider involvement
5
Summary
• Remove Disposition of Lost, Abandoned, or
Otherwise Unclaimed Property from City Code
• Administrative Policy that:
• establishes method to notify persons of need to remove
personal property
• provides practical approach to dispose of items of little or no
apparent value
• partners with service provider to redistribute unclaimed items
• maintains City property and public spaces in a clean and
safe condition
6
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ORDINANCE NO. 093, 2016
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE CITY CODE PERTAINING TO THE
DISPOSITION OF TANGIBLE PERSONAL PROPERTY
WHEREAS, City Code provisions currently require tangible personal property,
regardless of its value or utility, to be inventoried and logged into Police Services’ property and
evidence system for a thirty-day holding period followed by a ten-day publication period; and
WHEREAS, the handling, transport and storage of such property often times creates a
public safety risk and is incompatible with the City’s responsibility to maintaining public
property in a clean and safe condition when the property is soiled with bodily fluids, saturated
from precipitation, contains broken glass, hypodermic needles or other hazardous materials; and
WHEREAS, over the years, City staff has been experiencing an environment in which it
is becoming impractical to comply with the current City Code provisions due to both the type of
tangible personal property and the ever-increasing volume of such property; and
WHEREAS, City staff has identified a benefit in establishing administrative procedures
in lieu of the City Code provision to govern tangible personal property in order to allow more
administrative flexibility to adjust the procedures; and
WHEREAS, City staff has formulated administrative procedures pertaining to the
disposition of lost, abandoned, unclaimed or unattended tangible personal property found within
a natural area, park, trail, other outdoor City property, and within a City facility to provide a
practical, flexible, consistent, and updated approach, including evaluating the property for value
or utility, and to dispose of tangible personal property in compliance with constitutional due
process requirements; and
WHEREAS, these administrative procedures will be approved by the City Manager and
remain on file in the Office of the City Clerk; and
WHEREAS, staff recommends eliminating the current provisions in the City Code
pertaining to the disposition of tangible personal property so that the City Manager’s
administrative procedures will consistently govern all City department processes concerning
tangible personal property; and
WHEREAS, for these reasons, the City Council believes that these amendments to the
City Code are in the best interests of the citizens of Fort Collins.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
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Section 2. That the title of Chapter 23, Article IV, Division 3 of the Code of the City
of Fort Collins is hereby amended to read as follows:
Division 3
Real and PersonalTangible Personal Property
Section 3. That Chapter 23, Article IV, Division 3 of the Code of the City of Fort
Collins is hereby amended by the addition of a new Section 23-125 which reads in its entirety as
follows:
Sec. 23-125. Definitions.
The following words, terms and phrases, when used in this Division, shall have the
meanings ascribed to them in this Section.
Tangible property shall mean corporeal personal property of any kind that can be seen,
weighed, measured, felt, or touched, or is in any other way perceptible to the senses, but
excluding the property defined in City Code Section 23-132.
Section 4. That Section 23-126 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 23-126. - Surplus and obsolete tangible property; definition.
All items of surplus and obsolete tangible property owned by the City shall be disposed
of by public sale or otherwise at the discretion of the Purchasing Agent according to
established administrative procedures approved by the City Manager and on file in the
office of the City Clerk. Such procedures shall be designed so as to recover the market
value of the disposed of property except where the administrative cost is expected to
exceed the recoverable value or otherwise in accordance with rules, regulations, and
policies of the Purchasing Agent. For the purposes of this Division, sSurplus and obsolete
tangible property shall mean all items of personaltangible property previously purchased
by the City or converted to City use through the procedures described in this Division
which in the judgment of the Purchasing Agent are no longer useful or necessary for the
efficient administration of City affairs.
Section 5. That Section 23-127 of the Code of the City of Fort Collins is hereby
deleted in its entirety as follows:
Sec. 23-127. - Disposition of stolen property.
(a) The provisions in this Division shall control the disposition of all stolen property
found, seized or otherwise delivered into the possession of the City and remaining
unclaimed by the lawful owner.
(b) Upon a determination that property coming into the possession of the City is
stolen or as soon thereafter as is practicable, such property shall be delivered to the Chief
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of Police as custodian, who shall keep a record of all such property together with the date
when and the place from which the property was obtained.
(c) With respect to bicycles, any bicycle that is identified as stolen and that is no
longer necessary as evidence in a criminal prosecution may be delivered to
Transportation Planning and disposed of pursuant to § 23-130.
Section 6. That Section 23-128 of the Code of the City of Fort Collins is hereby
deleted in its entirety as follows:
Sec. 23-128. - Disposition of illegal property.
Any property, the possession of which is illegal, including controlled substances or drug
paraphernalia which is no longer of any evidentiary value in any pending criminal
proceeding and the destruction of which has been authorized by court order pursuant to
any applicable provisions of law, may be destroyed by the Chief of Police. For the
purposes of this Section, controlled substance and drug paraphernalia shall have the same
meaning as those set forth in Sections 12-22-303(7) and 12-22-502(2), C.R.S.
Section 7. That Section 23-129 of the Code of the City of Fort Collins is hereby
deleted in its entirety as follows:
Sec. 23-129. - Disposition of perishable or hazardous property.
(a) If any property seized or otherwise obtained by the City is of a perishable nature
or of such nature as to make it inadvisable in the opinion of the Chief of Police to retain
possession, such property shall be forthwith advertised for sale at public auction with
public notice to be published in a newspaper of general circulation throughout the City or
shall be advertised via electronic media not less than three (3) days prior to such sale,
which notice shall contain the date, time and place of such sale and the reason for the
immediate sale. At the discretion of the Purchasing Agent, such public sale or auction
may also take place via means of electronic media.
(b) Notwithstanding the foregoing, nothing herein shall preclude the immediate
disposal or destruction of property which in the judgment of the Chief of Police, or in the
judgment of such other City service director whose service area has obtained the
property, presents an immediate danger to the health, safety or welfare of the community
if otherwise retained in the possession of the City for the period of time provided for
herein or which by reason of its nature, condition or substance is not properly the subject
of a sale.
(c) Nothing contained in this Section shall be construed to refer to any impounded
animals as may be provided for in any other City ordinance.
(d) For purposes of this Division, electronic media shall mean the Internet, the City
website or other widely available resource on the World Wide Web.
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Section 8. That Section 23-130 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 23-130127. - Disposition of lost, abandoned or other unclaimed tangible
property.
Except as otherwise specifically provided for by law or ordinance, any tangible property
seized or otherwise obtained by the City and not sold or destroyed as perishable,
hazardous or illegal property and which property has not been claimed by or surrendered
to the rightful owner may be disposed of in the following manner:may be disposed of in
accordance with administrative policies adopted by the City Manager and on file in the
office of the City Clerk. Such policies shall provide reasonable notice of any proceedings
and an opportunity to be heard prior to the disposal of any tangible property.
(1) All such property must first be retained for a period of no less than thirty (30)
days from the date that possession was acquired by the City;
(2) After the expiration of such period of time and as soon thereafter as is practicable,
the Purchasing Agent must cause to be published once in a newspaper of general
circulation in the City, or advertise via electronic media, a general description of the
articles of property to be disposed of, which notice must contain the following
information:
a. That a detailed list of each and all articles of such property is available and
may be obtained from Purchasing, including the address and the hours during
which such list may be obtained;
b. That if such property is not claimed by the rightful owner within ten (10)
calendar days from the date of the publication, such property will become the
property of the City to be disposed of by public auction or otherwise, and if by
public auction provide the date, place and location of any such public auction.
(3) If within ten (10) days from the publication of the notice, no claim for such
property described in the notice shall have been made by the rightful owner, such
property shall become the property of the City and shall be disposed of in the following
manner:
a. Any property which was delivered to the City, the possession or use of
which is not illegal or dangerous, may be returned to the person who delivered the
same to the City. The City shall thereupon relinquish any claim of ownership to
such property and shall thereafter be relieved of any liability to the original owner
of such property or any other person.
b. Any other such property may, in the discretion of the Purchasing Agent,
be retained and used by the City in the administration of City affairs or for use in
City or community events or programs, so long as the use and distribution of such
property is in accordance with the Purchasing Agent's established policies and
guidelines approved by the City Manager.
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c. All other property shall be sold at public auction, including an auction via
electronic media in the manner and upon the terms described in the above notice,
with the proceeds of any such sale or sales to be paid to the Financial Officer to
be placed in the general fund of the City after deducting the cost of storage,
advertising and selling.
d. Any unclaimed property which is of little or no marketable value may be
destroyed.
(4) Notwithstanding any of the foregoing provisions to the contrary, the disposition of
firearms or other weapons shall be governed by the following additional provisions:
a. Firearms and other weapons shall be disposed of at the sole discretion of
the Chief of Police, who may:
1. Authorize sale or destruction; or
2. Authorize retention for the purpose of training members of Police
Services in the safe handling and operation of those weapons. Any firearm
so retained shall be rendered inoperable.
b. Sales of firearms shall be restricted to licensed dealers or licensed
collectors (licensed under the Federal Gun Control Act of 1988).
Introduced, considered favorably on first reading, and ordered published this 19th day of
July, A.D. 2016, and to be presented for final passage on the 16th day of August, A.D. 2016.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 16th day of August, A.D. 2016.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk