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HomeMy WebLinkAbout07121ORDINANCE NO. 7121 AN ORDINANCE AMENDING CHAPTER 7 OF TITLE XI OF THE PUEBLO MUNICIPAL CODE RELATING TO LOST OR ABANDONED PROPERTY AND PROVIDING FOR THE SALE OF UNCLAIMED PROPERTY BY CONSIGNMENT BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that (brackets indicate matter deleted, underscoring indicates matter added): SECTION 1 Chapter 7 of Title XI of the Pueblo Municipal Code is hereby amended to read as follows Sec. 11 -7 -1. Custodian; appointment; duties; sale of perishables. (a) Appointment. The Chief of Police shall appoint, according to law, an employee of the Police Department to act as custodian of all property seized or taken by the police. (b) Title. The person so appointed shall be designated and known as the custodian of [stolen goods] unclaimed property. (c) Records. It shall be the duty of such custodian to keep a record of all property which may be seized or otherwise taken possession of by the Police Department. (d) Sale. If such property so seized or taken possession of shall not be claimed by the rightful owner thereof and possession surrendered to such owner, such property excluding guns [shall be sold a public auction] shall be disposed of as provided by this Chapter; provided that if any property so seized or taken possession of by the Police Department shall be of a perishable nature or so bulky or of such a nature as to make it dangerous or inadvisable to retain possession thereof for the length of time herein specified, the custodian, upon certifying such fact to the City Manager, setting forth his or her reasons why such property should not be retained for the period fixed herein before selling the same, may, with the approval of the City Manager, cause such property to be forthwith advertised once in the official newspaper, and sell such property at public auction at any time after three (3) days shall have elapsed from the seizure or taking possession thereof. Nothing in this Section shall be held to require the custodian to take possession of, or make a disposition of, any lost or stolen property, the disposition or possession of which is otherwise provided for in this Code or by ordinance. Sec. 11 -7 -2. Place for safekeeping. It shall be the duty of the City Manager to provide for the custodian of [stolen goods] unclaimed property a suitable place for the safekeeping of such lost or stolen property recovered by any officer, and the same shall be under his or her entire control. Sec. 11 -7 -3. Delivery to owner. In case any lost or stolen property shall come into the custody of the custodian of [stolen goods] unclaimed property and the same shall be claimed by any person, it shall be the duty of the Chief of Police to make such inquiry and examination as to the ownership of such property as he or she may deem necessary, and if the Chief of Police shall be satisfied that such property belongs to the person claiming the same, he or she is hereby authorized to direct the custodian to deliver such property to him or her upon his or her giving a proper receipt therefore. Sec. 11 -7 -4. Annual report; contents. It shall be the duty of the Chief of Police to make a report to the City Manager at least once during each and every year, at a date to be determined by the Chief of Police, which report shall show all of the stolen or lost property which has come into the hands of the [custody of stolen goods] custodian of unclaimed property during the preceding year, and also all of such property which has been turned over to any person claiming the same, to whom the same was delivered, and the date when the same was so turned over. Such report shall also show the date when each and every article of such property was received by the custodian [of stolen goods], and shall also show whether or not any person has made claim to any of such property which has been turned over to him or her by the custodian [of stolen goods] and by whom such claim was made, and what article or articles he or she claimed and when the claim was made. Sec. 11 -7 -5. [Notice of sale; contents, advertisement.] Final public notice. (a) As soon as practicable after such report shall be received by the City Manager from the Chief of Police, the City Clerk shall prepare a notice, which notice shall be published in an official paper published in the City on two (2) different occasions, which notice shall be directed to the public and shall contain a statement of the following matters: [A list of all such property which is then in the hands of the custodian of stolen goods excluding guns and which shall have remained in his or her hands unclaimed for the period of ninety (90) days prior to the filing of the report mentioned herein, and notice to all persons who may have any claim of ownership or title to any of such property mentioned therein to present their claim for the same to the City Manager prior to a time which shall be fixed in such notice for the sale of such property which shall remain unclaimed at the time and place where all such unclaimed property shall be sold by the Director of Finance. The time fixed in such notice of such sale shall not exceed five (5) days from the last publication of such notice.] A general description of the property which is in the hands of the custodian of unclaimed property and which has remained unclaimed for a period of ninety (90) days prior to the filina of the report identified in Section 11 -7 -4: A statement that a detailed list of such property is available for inspection at the office of the custodian of unclaimed property, including the address and the hours during which such list may be inspected; and A statement that such property will be deemed abandoned and become the property of the City and disposed of by the City unless the owner reclaims the property within ten (10) days after the last publication of the notice. (b) If no person establishes a right to such property by the expiration of the time period set forth in the notice, the property shall escheat to the City, become the sole property of the City and anv claim of the owner to such orooerty shall be deemed forever extinauished and forfeited. Sec. 11 -7 -6. Claim to property; notice to Director of Finance. In case any person shall make claim to any of such property mentioned in the notice to the City Manager, it shall be the duty of the City Manager to notify at once the Director of Finance of such claim and the disposition made of the property claimed. Sec 11 -7.7. Distribution to charity. The Director of Finance is hereby authorized to donate any and all property unclaimed as aforesaid, at any time, to local organizations which by written petition have shown that such property will be distributed by such organization to the needy or deserving citizenry of the City. Sec. 11 -7 -8. Unclaimed property; disposition by sale or otherwise; proceeds. (a) [At the time and place mentioned in the notice for the sale of the property unclaimed as aforesaid, the Director of Finance shall attend and dispose of all such unclaimed property excepting guns as follows: first, all unclaimed personal property which is of use or benefit to any department of the City shall be delivered over to the City Purchasing Agent, and such property shall become the sole property of the City and any claim of the owner to such property shall be deemed forever extinguished and forfeited; next, all remaining unclaimed personal property excepting guns shall be sold by the Director of Finance at public auction for the highest and best price the same will bring in cash, and the Director shall receive from the purchaser of every article the amount paid by such purchaser for the same, and deliver the article purchased to the purchaser.] All unclaimed property, excepting guns, which has escheated to the City pursuant to Section 11 -7 -5 shall be disposed of as follows: Any such property which is of use or benefit to the City or any department of City shall be delivered to the Purchasing Agent; All remaining property shall be sold at the discretion of the Director of Finance in either of the followina two ways: a the property will be sold at public auction by the Director of Finance for the hiahest and best price the same will brina in cash or certified funds: or b the property will be sold under consignment pursuant to contract with a third party consignee and approved by the City Council. The third party consignee shall be nationally or regionally recognized and shall be required to list the property and use its best effort to sale the Property by auction to the public on the World Wide Web of the Internet. (b) The manner of auction sale [of lost and confiscated property] held pursuant to Subsection 11- 7- 8(a)(2)a shall be as follows: first, the articles shall be offered in lots as small as practicable in order to afford individuals the opportunity to bid thereon; second, all articles that are not thus disposed of shall be offered in wholesale lots; and third, any articles then remaining shall be returned to the City Manager who may give such remaining articles to charitable organizations or have them destroyed, saved or retained for the City's use, at his or her discretion. (c) [When such sale is completed, it] It shall be the duty of the Director of Finance to make [a] an annual report to the City Manager, giving in detail a description of the articles [so sold by him or her] disposed of pursuant to this Section and the amount of money received for each of the articles. Such money shall be placed in the general fund. Sec. 11 -7 -9. Sale of guns prohibited; confiscation, destruction. (a) The sale of guns under this Chapter is hereby prohibited. (b) All guns seized or taken possession of by the Police Department shall be disposed of as follows: (1) Any gun which is determined by the [property] custodian of unclaimed Property and the Chief of Police to be of beneficial use to the Police Department shall be made part of its weapon inventory. (2) All other guns shall be destroyed by melting said guns in a smeltery, said smelting to be witnessed by the [property] custodian of [the Police Department] unclaimed property and a member of the Finance Department of the City. (c) When such disposition is completed, it shall be the duty of the [property custodian of the Police Department] custodian of unclaimed property to make a report to the Chief of Police, giving in detail a description of the guns placed in Police Department inventory or destroyed by smelting. Sec. 11 -7 -10. Applicability. This Chapter shall apply only to unclaimed personal property coming into the hands of the custodian of [stolen goods] unclaimed property as provided herein, and shall not apply to money, funds, certificates of deposit, negotiable instruments, intangible property or other property subject to the provisions of Chapter 10 of Title XIV of this Code, nor to any abandoned vehicles 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. SECTION 2 This Ordinance shall become effective immediately upon final passage and approval. INTRODUCED March 22, 2004 m Michael Occhiato Councilperson E..♦ r ATTESTED BY: T CITY CLERK PASSED AND APPROVED April 12, 2004 Background Paper for Proposed ORDINANCE AGENDA ITEM # C�& PA DATE: March 22, 2004 DEPARTMENT: Police Department Chief James W. Billings, Jr. TITLE AN ORDINANCE AMENDING CHAPTER 7 OF TITLE XI OF THE PUEBLO MUNICIPAL CODE RELATING TO LOST OR ABANDONED PROPERTY AND PROVIDING FOR THE SALE OF UNCLAIMED PROPERTY BY CONSIGNMENT ISSUE Should City Council allow for an alternative manner of sale of unclaimed property by consignment, provided such sale by consignment is pursuant to contract approved by City Council. RECOMMENDATION The ordinance be approved. BACKGROUND The proposed Ordinance allows for the sale of unclaimed property by consignment pursuant to contract approved by City Council. This method of sale is an alternative to a sale by the Finance Director at public auction as provided for under the current provision of Chapter 7. It is anticipated that sale by consignment will reduce costs to the City and increase the revenue generated by City given the low bids generally received at public auctions conducted locally. The consignment contract shall be limited to a consignee who can market and sell the unclaimed property by auction to the public on the Internet. FINANCIAL IMPACT The proper utilization of consignment sale of unclaimed property will reduce costs to City and increase revenue generated by City.