TC Ord. No. 2016-01 Amending Chapter 3.30 - Unclaimed Property of the Avon Municipal CodeTOWN OF AVON, COLORADO
ORDINANCE 16 -01
AMENDING CHAPTER 3.30 - UNCLAIMED PROPERTY
OF THE AVON MUNICIPAL CODE
RECITALS
WHEREAS, the Town of Avon ( "Town ") is a home rule municipal corporation and body
politic organized under the laws of the State of Colorado and possessing the maximum powers,
authority and privileges to which it is entitled under Colorado law; and
WHEREAS, in 1998 Section 3.30.10 of Chapter 3.30 of Title 3 of the Municipal Code of the
Town of Avon was added for the purpose of providing for the administration and disposition of
unclaimed property which is in the possession of or under the control of the Town; and
WHEREAS, the amendment and update of the Unclaimed Property Code will ease the
administrative burden of the disposition of unclaimed property; and
WHEREAS, the Avon Town Council finds that the health, safety and welfare of the Avon
community will be enhanced and promoted by the adoption of this Ordinance; and
WHEREAS, approval of this Ordinance on First Reading is intended only to confirm the
Town Council desires to comply with the requirements of the Avon Home Rule Charter by
setting a Public Hearing in order to provide the public an opportunity to present testimony and
evidence regarding the application, and that approval of this Ordinance on First Reading does not
constitute a representation that the Town Council, or any member of the Town Council, supports,
approves, rejects, or denies this Ordinance;
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO:
Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein
by reference and adopted as findings and determinations of the Town Council.
Section 2. Amendment to Section 3.30.040. Section 3.30.040 of the Avon Municipal Code
is repealed in its entirety and re- enacted to read as follows:
"3.30.040 - Procedure for disposition of clothes and personal effects collected at Town
facilities and having an estimated value of less than one thousand dollars.
Notwithstanding any other provision of this Chapter to the contrary, any single item of clothing or
personal effects, including sports equipment, having an estimated value of less than one thousand
dollars ($1,000.00) which has been left for a period of thirty (30) days or more at a Town facility or
on Town property or turned into Town personnel is deemed abandoned and shall become the sole
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property of the Town. Such property is subject to disposal in such way as the Director, at his or her
discretion, deems to be in the best interests of the Town."
Section 3. Amendment to Section 3.30.050. Sections 3.30.050(a) and (b) of the Avon
Municipal Code are repealed in its entirety and re- enacted to read as follows:
"3.30.050 - Procedure for disposition of all other property.
(a) Notice —value one thousand dollars ($1,000.00) or more. Prior to disposition of any other
unclaimed property having an estimated value of one thousand dollars ($1,000.00) or more, the
Director shall send a written notice by mail, to the last known address, if any, of any owner of
unclaimed property. The last known address of the owner shall be the last address as shown by
the records of the municipal department or agency holding the property. The notice shall include a
description of the property, 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 of or claim the property. The notice shall also state that if the owner
fails to provide the Director with a written claim for the return of the property within thirty (30) days
of the date of the notice, the property shall become the sole property of the Town and any claim of
the owner to such property shall be deemed forfeited.
(b) Notice —value less than one thousand dollars ($1,000.00) or no last known address. Prior to
disposition of any unclaimed property having an estimated value of less than one thousand dollars
($1,000.00) or having no last known address of the owner, the Director shall cause a notice to be
published in a newspaper of general circulation in the municipality. The notice shall include a
description of the property, the owner of the property, 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 state where the owner may make inquiry of or claim the property. The notice shall
also state that if the owner fails to provide the Director with a written claim for the return of the
property within thirty (30) days of the date of the publication of the notice, the property shall
become the sole property of the Town and any claim of the owner to such property shall be
deemed forfeited."
Section 4. Codification Amendments. The codifier of the Town's Municipal Code,
Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes
as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal
Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any
typographical error in the enacted regulations, provided that such correction shall not
substantively change any provision of the regulations adopted in this Ordinance. Such
corrections may include spelling, reference, citation, enumeration, and grammatical errors.
Section 5. Severability. If any provision of this Ordinance, or the application of such
provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall
not affect other provisions or applications of this Ordinance which can be given effect without
the invalid provision or application, and to this end the provisions of this Ordinance are declared
to be severable. The Town Council hereby declares that it has passed this Ordinance and each
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provision thereof, even though any one of the provisions might be declared unconstitutional or
invalid. As used in this Section, the term "provision" means and includes any part, division,
subdivision, section, subsection, sentence, clause or phrase; the term "application" means and
includes an application of an ordinance or any part thereof, whether considered or construed
alone or together with another ordinance or ordinances, or part thereof, of the Town.
Section 6. Effective Date. This Ordinance shall take effect thirty (30) days after public
notice following final passage in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 7. Safety Clause. The Town Council hereby finds, determines and declares this
Ordinance is promulgated under the general police power of the Town of Avon, that it is
promulgated for the health, safety and welfare of the public and this Ordinance is necessary for
the preservation of health and safety and for the protection of pubic convenience and welfare.
The Town Council further determines that the Ordinance bears a rational relation to the proper
legislative object sought to be obtained.
Section 8. Publication. The Town Clerk is ordered to publish this Ordinance in accordance
with Chapter 1.16 of the Avon Municipal Code.
[execution page follows]
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INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC
HEARING on January 12, 2016 and setting such public hearing for January 26, 2016 at the
Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado.
1'w" ym0
ATTEST -
Debbie Hoppe, 'Town Jerk
ADOPTED ON SECOND AND FINAL READING on January 26, 2016.
B ATTEST:
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Jennie Fancher, Mayor Debbie I opk'fWnfC5e—rk
I
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