HomeMy WebLinkAbout11126Docusign Envelope ID: 40F853DD-FFBE-42AE-94FF-FE6FD4354943
ORDINANCE NO. 11126
AN ORDINANCE AMENDING SECTION 11-7-1 AND SECTION
11-7-5 OF THE PUEBLO MUNICIPAL CODE TO AUTHORIZE
THE PUBLICATION NOTICE ON THE PUBLIC WEBSITE OF THE
CITY OF PUEBLO
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
Section 11-7-1 of the Pueblo Municipal Code is hereby amended to read as follows:
[brackets] indicate matter being deleted; underscoring indicates new matter being added.
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 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 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 Mayor, 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 Mayor, cause such property to be forthwith advertised on the
public website of the City of Pueblo [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.
SECTION 2.
Section 11-7-5 of the Pueblo Municipal Code is hereby amended to read as follows:
[brackets] indicate matter being deleted; underscoring indicates new matter being added.
Sec. 11-7-5. Final public notice.
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(a) As soon as practicable after such report shall be received by the Mayor from the Chief of
Police, the City Clerk shall prepare a notice, which notice shall be published on the public
website of the City of Pueblo for no less than five (5) days, [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:
(1) 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 filing of
the report identified in Section 11-7-4 above;
(2) 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
(3) 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 of Pueblo, become the sole property of the
City and any claim of the owner to such property shall be deemed forever extinguished and
forfeited.
SECTION 3
The officers and staff of the City of Pueblo are authorized to perform any and all acts
consistent with the intent of the Ordinance to implement the policies and procedures described
herein.
SECTION 4.
This Ordinance shall become effective on the date of final action by the Mayor and City
Council.
Action by City Council:
Introduced and initial adoption of Ordinance by City Council on February 23, 2026.
Final adoption of Ordinance by City Council on March 9, 2026. DocuSigned by:
President of City Council
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Action by the Mayor:
® Approved on
03/10/2026
❑ Disapproved on
based on the following objections:
Action by City Council After Disapproval by the Mayor:
❑ Council did not act to override the Mayor's veto.
❑ Ordinance re -adopted on a vote of
on
Mayor
❑ Council action on failed to override the Mayor's veto.
President of City Council
ATTEST Signed by:
Utn,WIAn P01,6 t t
Deputy City C erk
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City Clerk's Office Item # R1
COUNCIL MEETING DATE: March 9, 2026
TO: President Mark Aliff and Members of City Council
CC: Mayor Heather Graham
VIA: Vincent Petkosek, Deputy City Clerk
FROM: Chris Noeller, Chief of Police
SUBJECT: AN ORDINANCE AMENDING SECTION 11-7-1 AND SECTION 11-7-5
OF THE PUEBLO MUNICIPAL CODE TO AUTHORIZE THE
PUBLICATION NOTICE ON THE PUBLIC WEBSITE OF THE CITY OF
PUEBLO
SUMMARY:
This proposed Ordinance will amend Section 11-7-1 and Section 11-7-5 of the Pueblo
Municipal Code to remove the requirement that prior to sale of seized or abandoned
property, notice of such sale of property shall be published in the "official newspaper"
and authorize such notice to be published on the City of Pueblo's website.
PREVIOUS COUNCIL ACTION:
In 2024, City Council approved the submission of a Charter amendment to remove the
requirement that notice be posted in a newspaper.
BACKGROUND:
The Pueblo Police Department maintains control of found property for a period of 90
days. If no owner makes a report which the found property can be matched, the property
is deemed forfeit/unclaimed and can be disposed of through auction, simple
destruction/trash or CONVERSION for department use.This is consistent with other
departments throughout the state.
Currently, the Pueblo Municipal Code requires the posting, in a local newspaper of
general circulation, of property requesting to be converted no less than two times. The
only local publication available in the City of Pueblo is the Pueblo Chieftain. A simple
posting in the Pueblo Chieftain was tested, recently, and was found to cost $133.00.
Recently, a found generator that was not claimed was requested to be converted for the
Pueblo PD Drone Unit. A search of the item on the internet found a cost of approximately
$100.00. This made the cost to convert the item to department use ineffective.
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FINANCIAL IMPLICATIONS:
It is very infrequent that the Pueblo Police Department comes across items that are not
claimed and can provide a use to the department. In this case, following the letter of the
Ordinance would not benefit the department.
If the department was able to post the item on their own website, it would provide a cost -
favorable option for the City in which an actual savings could be realized. In this case, it
would save no less than the $100.00 that a new generator would cost.
BOARD/COMMISSION RECOMMENDATION:
Not applicable.
STAKEHOLDER PROCESS:
Not applicable.
ALTERNATIVES:
None.
RECOMMENDATION:
Approve the amendment.
ATTACHMENTS:
None