HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 11/17/2015 - POSTPONEMENT OF FIRST READING OF ORDINANCE NO. 107Agenda Item 9
Item # 9 Page 1
AGENDA ITEM SUMMARY November 17, 2015
City Council
STAFF
John Stokes, Natural Resources Director
Rick Bachand, Environmental Program Manager
SUBJECT
Postponement of First Reading of Ordinance No. 107, 2015, Amending Section 23-130 of the Code of the City
of Fort Collins Regarding the Disposition of Lost, Abandoned or Other Unclaimed Property Indefinitely.
EXECUTIVE SUMMARY
Staff requests an indefinite postponement of First Reading of Ordinance No. 107, 2015. Adoption of a motion
to postpone indefinitely will kill this agenda item. Based on direction from the City Manager’s office, staff will
explore and develop a different approach to modifying City Code pertaining to abandoned personal property.
Staff will bring the item back to Council for its consideration in the first quarter of 2016.
STAFF RECOMMENDATION
Staff recommends postponing First Reading of the Ordinance indefinitely.
ATTACHMENTS
1. Ordinance No. 107, 2015 (to be postponed indefinitely) (PDF)
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ORDINANCE NO. 107, 2015
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTION 23-130 OF THE CODE OF THE CITY OF FORT COLLINS
REGARDING THE DISPOSITION OF LOST, ABANDONED OR OTHER
UNCLAIMED PROPERTY
WHEREAS, Section 23-130 of the City Code currently sets forth a process by which lost,
abandoned, or other unclaimed property coming into the City’s possession may be sold, kept, or
destroyed by the City; and
WHEREAS, said City Code provision currently requires the City to store the lost,
abandoned, or other unclaimed property for not less than thirty (30) days and to thereafter
publish notice in an effort to afford the owner the opportunity to reclaim the property; and
WHEREAS, while this current City Code provision is effective in ensuring that property
of obvious value or utility is returned to its owner, City staff has reported that other items of lost,
abandoned, or unclaimed property of less obvious value and utility found upon and within City
natural areas, parks, trails, and other City properties is creating handling and storage challenges
for City employees and volunteers who are responsible for maintaining those City properties for
the intended public use; and
WHEREAS, some types of lost, abandoned, or unclaimed property, such as sleeping
bags, blankets, clothing, tents, backpacks, personal hygiene items, and other camping related
items are often found in wet, soiled, contaminated, or deteriorated condition which has caused
them to be of little or no apparent value or utility; and
WHEREAS, the presence of such personal property detracts from the lawful uses of the
City property, whether for the lawful physical use of the City property or for its aesthetic value;
presents health and safety concerns to those using or maintaining the City property in that such
personal property can be a source of disease and infestation; and presents handling and storage
concerns once it is removed from the City property, both from a space and infestation standpoint
in the storage area; and
WHEREAS, while in original condition, these items of personal property would be
considered to be of some value or utility, the exposure to the outside elements and the other
circumstances of care and use render such items of little or no value or utility; and
WHEREAS, the City is responsible for maintaining its public property in a clean, safe,
and obstruction-free manner; and
WHEREAS, the workload resulting from the seizure of such property currently exceeds
City staff’s capacity to effectively handle such items because the current City Code provisions
require that they be inventoried and logged into Police Services’ property and evidence system
for a thirty (30) day holding period and ten (10) day publication period; and
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WHEREAS, in light of the foregoing, City staff has proposed that the City Code be
amended to allow for the destruction of such lost, abandoned, or other unclaimed property of
little or no apparent value or utility twenty-four (24) hours after posting notice at the location
where the property is found; and
WHEREAS, this Ordinance will result in: (i) a reasonable and effective method of
notifying persons of the need to remove personal property from City property when they are not
with the property at the time it is discovered, (ii) adequate time for the property owner to move
the property to a lawful location, (iii) notice that unremoved items of little apparent value or
utility will be destroyed, (iv) an opportunity for a post deprivation hearing after the items of little
apparent value or utility have been destroyed to contest the destruction; (v) notice that
unremoved items of apparent value or utility will be removed and stored, and (vi) notice of how
the owner may reclaim items of value or utility that are removed by the City; and
WHEREAS, the Ordinance will continue to recognize the need to reasonably protect the
personal property rights of all citizens while balancing those rights with the rights of all citizens
to make lawful use of and experience the enjoyment of City property and the legitimate needs of
the City related to handling and storage of such property.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby adopts the foregoing recitals and findings.
Section 2. That Section 23-117 of the Code of the City of Fort Collins is hereby
amended by the addition of a new definition “Trash” which reads in its entirety as follows:
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.
Section 3. That Section 23-130 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 23-130. Disposition of lost, abandoned or other unclaimed property.
Except as otherwise specifically provided for by law, or ordinance, or Subsections (4)
through (8) below, any 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:
(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;
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(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.
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:
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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).
(5) Notwithstanding any of the forgoing provisions to the contrary, lost,
abandoned, or unclaimed personal property of little or no apparent value or utility,
as reasonably determined by a peace officer or specially commissioned officer of
the City, that is found upon and within a City natural area, park, trail, or on other
City property, may be destroyed or otherwise disposed of immediately if the
conditions of subsections (a) and (b) are both met:
a. It has been determined that:
1. No person claiming ownership of the property is within the
immediate vicinity of such property; or
2. A person claiming ownership of the property is within the
immediate vicinity of such property, and refuses to immediately
remove all of his or her property; or
3. 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.
b. Notice in English and Spanish, has been posted at the site of the
property not less than twenty-four (24) hours before removal,
stating the following:
1. That the property must be removed not later than the date
and time posted (twenty-four hours from posting); and
2. That unremoved items of little apparent value or utility will
be destroyed or otherwise disposed of; and
3. That unremoved items of apparent significant value or
utility will be removed and stored; and
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4. That the owner may contact the City at given phone
numbers and/or locations to ask questions or reclaim items of value
or utility that are removed by the City; and
5. The citation to this City Code provision permitting the
destruction or disposal of the property; or
(6) If the material is reasonably determined by a peace officer or specially
commissioned officer of the City to constitute trash, it will be destroyed or
disposed of without notice or hearing.
(7) In making the determination regarding value or utility of the personal
property as described in Subsection (5) above, the officer shall consider the
following factors if applicable:
a. 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
b. The material of which the property is made or constructed; and
c. Whether the property would have significant marketable value in
its current condition; and
d. The degree to which the property is protected from or exposed to
the elements of nature and therefore susceptible to damage or
deterioration; and
e. 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
f. Any other factors apparent to the officer which would have an
impact on its value or utility.
(8) Administrative review of the destruction or disposal of any property under
Subsection (5) 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 under Subsection (5) and to request
reasonable compensation, the owner of the property must notify, either
orally or in writing, the Safety, Security and Risk Management
Department within thirty (30) days of destruction or disposal.
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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 Director of the Safety, Security and Risk Management
Department, 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 to the City Manager
pursuant to the appeals procedure set forth in Article VI of Chapter 2 of
this Code. The City Manager’s decision will be final.
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.
Introduced, considered favorably on first reading, and ordered published this 1st
day of September, A.D. 2015, and to be presented for final passage on the 15th day of
September, A.D. 2015.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 15th day of September, A.D. 2015.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk