HomeMy WebLinkAbout05783ORDINANCE NO. 5783
AN ORDINANCE AMENDING TITLE XIV OF THE 1971
CODE OF ORDINANCES RELATING TO UNCLAIMED FUNDS
AND INTANGIBLE PROPERTY, AND PROVIDING PENAL-
TIES FOR VIOLATION THEREOF
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that:
(Brackets indicate material being deleted; underscoring indicates
new material being added.)
SECTION 1
Title XIV of the 1971 Code of Ordinances of the City of
Pueblo, as amended, is hereby amended by the addition of a new
Chapter 10 thereto, to read as follows:
TAXES AND FINANCE
CHAPTER 10
SECTION
14 -10 -1
14 -10 -2
14 -10 -3
14 -10 -4
14 -10 -5
14 -10 -6
14 -10 -1: DEFINITIONS
UNCLAIMED FUNDS AND INTANGIBLE PROPERTY
SUBJECT
Definitions
Legislative Intent
Procedures for Disposition of
Unclaimed Property
Rules and Regulations
Property Credited to City
False Claims Prohibited; Penalties
The following definitions shall apply to words and
phrases used in this Chapter:
(a) "Unclaimed property" shall mean any money, funds,
certificates of deposit, negotiable instruments, bonds
or intangible personal property, including any income
derived therefrom, less any lawful charges, or setoffs,
that is held by or under the control of the City or any
of City's Departments, Commissions or officials and
_which has not been claimed by its owner for a period of
more than three (3) years after it first became payable
or distributable to such owner. The term "unclaimed
property" shall not include any real or personal
property seized and forfeited to City pursuant to law,
nor any lost, abandoned or stolen property subject to
the procedures set forth in Chapter 7 of Title XI of
this Code, nor any abandoned vehicle subject to Chapter
1 of Title XV of this Code and the Model Traffic Code
for Colorado Municipalities, as adopted and amended by
Title XV of this Code.
(b) "Owner" shall mean a person or other lawful entity,
other than City, which owns unclaimed property held by
the City.
(c) "Director" shall mean the Director of Finance or
his authorized representative.
14 -10 -2: LEGISLATIVE INTENT
The City Council hereby finds and declares: that the
City has a local and municipal interest in the fair and
orderly disposition of unclaimed property which is held by
the City; that there is a need to establish finality con-
cerning the disposition of unclaimed property after reason-_
able efforts have been undertaken to notify the owner of
unclaimed property; that the procedures established in this
Chapter are both fair and reasonable based upon the value of
the unclaimed property, and are intended to supersede
procedures under state law concerning unclaimed property
which miaht otherwise be aoolicable.
14 -10 -3: PROCEDURES FOR DISPOSITION OF UNCLAIMED PROPERTY
(a) Prior to disposition of any unclaimed property,
other than such property having no value, the Director shall
cause a notice to be published at least once in a newspaper
of wide distribution and general circulation printed and
published daily in the City of Pueblo. The notice shall
include a description of the property, a statement of the
amount or estimated value of the property, and, when
available, the purpose for which the property was deposited
or otherwise held. The notice shall also state where the
owner may make inquiry concerning the property or assert a
claim to the property. The notice shall further state that
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if the owner fails to provide the Director with a written
claim for return of the property within sixty 60) days o
the date of publication of the notice, then the property
shall become the sole property of the City and that any claim
of the owner to such property shall be deemed forever
extinguished and forfeited. More than one owner or item of
property or both may be combined in a single publication.
(b) With respect to any unclaimed property having an
estimated value of one hundred dollars ($100.00) or more, as
determined by the Director, where the last known address of
the owner or purported owner is available to the City, the
Director shall, prior to publication or within 10 days
thereafter, also send a written notice by certified mail,
return receipt requested, to the last known address of the
owner of such unclaimed property. The last known address of
the owner shall be the last address of the owner as shown by
the records of the Department, Commission, or official of the
City holding the property. The notice mailed to the owner
shall contain all of the information required by subsection
(a) of this section to be published, shall include a
statement of the date by which a written claim must be
asserted and shall state that failure to submit a claim by
such date will result in the property becoming the sole
property of City and that any claim of the owner to the
property shall thereafter be deemed forever extinauished and
forfeited.
(c) In the event the Director receives no written claim
for unclaimed property within the period for submission of
such claims as provided in subsections (a) and (b) of this
section, then the property shall become the sole property of
the City and any claim of the owner to such property shall be
deemed forever extinauished and forfeited.
(d) If the Director receives a written claim within the
period for submission of claims as provided in subsections
(a) and (b) of this section, the Director shall evaluate the
claim and give written notice to the claimant within ninety
(90) days thereof that the claim has been accepted or denied
in whole or in part. The Director may investigate the
validity of the claim and may request further supporting
documentation from the claimant prior to determinina the
validity of the claim.
(e) In the event that there is more than one claim or
claimant for the same property, the Director may, in the
Director's sole discretion, resolve said claims or may
resolve such claims by depositing the disputed property with
the registry of the District Court in an interDleader action.
(f) In the event that all claims filed with respect to
an unclaimed property are denied, the property shall there-
after become the sole property of the City and any claim of
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the owner to such property shall be deemed extinguished and
forfeited.
(g) The decisions and determinations of the Director
under this section shall be final and conclusive unless
judicial review has been taken pursuant to Rule 106 of the
Colorado Rules of Civil Procedure within thirty days of the
date of the decision or determination sought to be reviewed.
14 -10 -4: RULES AND REGULATIONS
The Director is hereby authorized to adopt rules and
regulations not inconsistent with the provisions of this
Chapter regarding the administration of this Chapter and the
disposition of unclaimed property hereunder. A copy of all
such rules and regulations shall be available for public
inspection in the office of the Director.
14 -10 -5: PROPERTY CREDITED TO CITY
Whenever any unclaimed property has been forfeited to
the City hereunder, such property, or the proceeds thereof,
shall be credited and deposited to the General Fund; provided
however, that if the Department, Commission or official of
the City which had held such property held same to the credit
of or in connection with any local improvement district fund
or capital improvement fund, then such property, or the
proceeds thereof, shall be credited to such local improvement
district fund or capital improvement fund.
14 -10 -6: FALSE CLAIMS PROHIBITED; PENALTIES
(a) It shall be unlawful and a municipal offense for
any person to make or submit any false claim for property
under this Chapter; or in connection with any claim under
this Chapter, to knowingly make or submit any false statement
or representation.
(b) Any person convicted of violation of this section
shall be punished by a fine of not more than $300 or by
imprisonment for a period not to exceed 90 days, or by both
such fine and imprisonment.
SECTION 2.
This Ordinance shall become effective upon final passage and
approval, and shall apply to all unclaimed monies and intangible
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property held by City on or after July 1, 1992.
ATTEST:
C' y Clerk
INTRODUCED: November 9
By MICHAEL OCCHIATO
Councilperson
, 1992
APPROVED:
Presid nt of t e City Council
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