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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 10/06/2015 - POSTPONEMENT OF FIRST READING OF ORDINANCE NO. 107Agenda Item 12 Item # 12 Page 1 AGENDA ITEM SUMMARY October 6, 2015 City Council STAFF John Stokes, Natural Resources Director Rick Bachand, Environmental Program Manager JR Schnelzer, Director of Parks 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 to November 17, 2015. EXECUTIVE SUMMARY Staff requests postponement of First Reading of Ordinance No. 107, 2015, to November 17, 2015 to allow for further clarification on procedures and decision making processes (flow chart) to distinguish personal property from abandoned property. Staff presented this Ordinance for First Reading on September 1, 2015. At that time, Council voted to postpone First Reading to October 6 and requested that staff meet with local service providers to determine how the providers may assist in the collection of a redistribution of abandoned property. A meeting with the service providers has been scheduled for September 22, 2015. Based on this feedback, staff will continue to meet to refine this process. STAFF RECOMMENDATION Staff recommends Council adopt a motion to postpone Council’s consideration of this Ordinance on First Reading until its November 17, 2015, meeting. ATTACHMENTS 1. First Reading Agenda Item Summary, September 1, 2015 (w/o attachments) (PDF) 2. Ordinance No. 107, 2015 (PDF) Agenda Item 15 Item # 15 Page 1 AGENDA ITEM SUMMARY September 1, 2015 City Council STAFF Rick Bachand, Environmental Program Manager SUBJECT 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. EXECUTIVE SUMMARY The purpose of this item is to significantly reduce the volume of abandoned and unclaimed items left and abandoned on City property. Section 23-130 of City Code 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. Current City Code requires the City to store this property for not less than thirty (30) days and then publish notice to afford the owner the opportunity to reclaim the property. City staff is finding an increasing volume of abandoned and unclaimed items in deteriorated condition within City natural areas, parks, trails, road underpasses and other public places. In addition to the unsafe condition this property presents to the public in situ, it is also creating handling concerns and storage challenges to those involved. This Ordinance amending Section 23 -130 sets forth a process by which abandoned items of no utility or value may be promptly removed and destroyed following a 24-hour notification. Finally, this amendment also adds a 30 day appeals provision to contest the disposal of personal property. Based on recent experience, staff believes the impact of this Ordinance will be minor as the target is abandoned or unclaimed items, not property that can be associated with an individual or property with real or marketable value. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION City staff is seeing a significant increase in the volume of abandoned and unclaimed items left within City natural areas, parks, trails, bridge underpasses and other public areas. 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 more frequently than not become deteriorated to a condition upon which even the initial owner no longer desires to retain ownership. 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. This amendment to Section 23 -130 of City Code is intended to: 1. Reduce the volume of items left as unclaimed or abandoned on City property; 2. Set forth a method of notifying persons of the need to remove personal property from City property; ATTACHMENT 1 Agenda Item 15 Item # 15 Page 2 3. Provide reasonable and effective tools for City Staff to dispose of items that are soiled, deteriorated, or otherwise of little or no marketable value; 4. Maintain City property and public spaces in a clean and safe condition; 5. Distinguish trash from property with little or no value so that trash can be disposed of without a hearing. ENVIRONMENTAL IMPACTS The removal of abandoned or unclaimed items from City property has significant positive outcomes on 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. A negative consequence of this rule would be an increase of waste generated to the landfill. However, staff believes a net positive outcome due to appropriate handling in the landfill setting rather than exposed in the natural environment. SOCIAL IMPACTS City staff believes the impact of this Ordinance will be minor as the target is abandoned or unclaimed items, not property that can be associated with an individual or party with real value or marketable value. The most significant impact will be to those who own property of real value or utility that is logged into Police Services’ property and evidence system and goes unclaimed after the 30 day holding period. This amendment provides a 30 day appeals provision to allow citizens affected by the disposal of items to contest actions taken by the City. Further, as to some of the citizens who will be affected, City staff is engaging in outreach and provides a suite of support services for those who have difficulty maintaining temporary or permanent housing. CITY FINANCIAL IMPACTS This will be a process improvement for City staff for Police Services staff as well as City Ranger Staff. This ordinance amendment would reduce the task load in the property and evidence division of Police Services. BOARD / COMMISSION RECOMMENDATION At its May 13, 2015 meeting, the Land Conservation and Stewardship Board voted unanimously in support the motion to support changes to the ordinance amending Section 23-130 of the City Code related to the Disposition of Lost, Abandoned or Other Unclaimed Property. PUBLIC OUTREACH City staff worked with the assistance of the Social Sustainability Department to seek feedback from the primary service providers in the city, including the Fort Collins Homeless Coalition, Homeward 2020, Homeless Gear and the Murphy Center. In sum, Stakeholders expressed the following concerns: 1. The 24 hour notification period as a timeframe appeared short in duration. A hypothetical situation could include an individual with a camp who would spend a cold night in a shelter but then return to the camp once the weather improved. A longer notification period may also provide an individual with more time to clean their own site. 2. Subjectivity as to what constitutes “utility” or “real value” of the property. Stakeholders urged to err on the side of caution when determining if material is of value. Agenda Item 15 Item # 15 Page 3 3. Existing protocol for reclaiming items of value at Police Services. Service providers suggest that their constituency is reluctant to collect items at Police Services for fear of being charged for illegal camping or other code violations while trying to reclaim their property. 4. Process for reclaiming property of value. Service providers expressed desire to participate in the effort with the intent of collecting items for cleaning, recycling, and redistribution. Staff response to Stakeholder feedback: The 24 hour notification period is too short a timeframe.  Once abandoned property is tagged staff believes it sends a conflicting message to the owner if items are allowed to stay. This is abandoned property, regardless of how long it stays on City property.  The shorter the notification period to remove the items the more routine it can be for staff who tagged the camp to monitor and remove it themselves.  The longer property is left, the more likely it will get further damaged by weather/bugs/rodents, etc.  The longer items are left out the more potential for an innocent citizen to happen upon it and become exposed to hazardous waste such as needles, glass, human waste, etc.  If property is not removed promptly by the owner there is a high likelihood that the owner has abandoned it for newer property or moved on to another community. Subjectivity as to what constitutes “utility or “real value” of the property.  Police Services and Ranger staff will have to use professional discretion to determine what “is” and what “is not” of utility or real value relative to a homeless individual.  Police Services and Ranger staff will need to collect and process property of real value prior to cleanup by City crews. Existing protocol for reclaiming items of value at Police Services.  This amended Ordinance does not propose any changes to the collection and processing of property that may have value or utility. At this time the only legal way to process such property is through the property and evidence system. Process for reclaiming property of value.  Input from local service providers is welcome as to property that has real value or utility; however, property subject to this amendment and which has little or no value will be destroyed or disposed of by the City. ATTACHMENTS 1. Abandoned Property Notice (PDF) 2. Land Conservation & Stewardship Board minutes, May 13, 2015 (PDF) - 1 - 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 - 2 - 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; - 3 - (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: - 4 - 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 - 5 - 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. - 6 - 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