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)
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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