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TC Ord. No. 1998-12 Adding Chapter 3.30 of the Avon Muni CodeTOWN OF AVON ORDINANCE NO. 98-12 SERIES OF 1998 AN ORDINANCE ADDING CHAPTER 3.30 OF THE MUNICIPAL CODE OF THE TOWN OF AVON RELATING TO THE ADMINISTRATION AND DISPOSAL OF UNCLAIMED PROPERTY WHICH IS IN THE POSSESSION OF OR UNDER THE CONTROL OF THE TOWN BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. Amendment. ' Section 3.30.10 of Chapter 3.30 of Title 3 of the Municipal Code of the Town of Avon is amended with the addition of a new section as follows: 3.30.10 P=ose. The purpose of this section is to provide for the administration and disposition of unclaimed property which is in the possession of or under the control of the Town. 3.30.20 Definitions. Unless otherwise required by context or use, words and terms shall be defined as follows: "Town" means the Town of Avon, Colorado. "Director" shall mean the Finance Director or designee thereof. "Owner" means a person, or entity, including a corporation; partnership, association, governmental entity other than this municipality, or a duly authorized legal representative or successor in interest of same, which owns unclaimed property held by the Town. "Unclaimed property" means any tangible or intangible property, including any income or increment derived therefrom, less any lawful charges, that is held by or under the control of the Town and which has not been claimed by its owner for a period of more than one (1) year after it became payable or distributable. Except that "unclaimed property" shall not include abandoned motor vehicles or confiscated weapons. 3.30.30 Procedure for disposition of sums payable on a check. Notwithstanding any other provision of this article to the contrary, any sum payable on a check on which the Town is liable, which has been outstanding for a period of at least one (1) year after it was payable or after its issuance if payable on demand, is deemed abandoned and without providing notice the Town may write -off the amount of such check. 3.30.40 Procedure for disposition of clothes and personal effects collected at Town facilities and having an estimated value of less than one hundred dollars ($100). Notwithstanding any other provision of this article to the contrary, any single item of clothing or personal effects including sports equipment having an estimated value of less than one hundred dollars ($100) 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 property of the Town. Such property is subject to disposal in such way as the Director, at his discretion, deems to be in the best interests of the Town. 3.30.50 Procedure for disposition of all other property. (a) Notice -Value one hundred dollars ($100) or more. Prior to disposition of any other unclaimed property having an estimated value of one hundred dollars ($100) 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 - hundred dollars ($100) or no last known address. Prior to disposition of any unclaimed property having an estimated value of less than one hundred dollars ($100) 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. c) Forfeiture. If the Director receives no written claim within the above thirty (30) day claim period, the property shall become the sole property of the Town and any claim of . the owner to such property shall be deemed forfeited. d) Written claims. If the Director receives a written claim within the above thirty (30) day claim period, the Director shall evaluate the claim and file a written notice to the claimant within thirty (30) days thereof that the claim has been accepted or denied in whole or in part. The Director may investigate the validity of a claim and may request fuuther supporting documentation from the claimant prior to disbursing or refusing to disburse the property. e) Multiple Claimants. In the event that there is more than one (1) claimant for the same property, the Director may, at his sole discretion, resolve any claims, or may resolve such claims by depositing the disputed property with the registry of the Eagle County District Court in an interpleader action. f) Denial of claims. In the event that all claims filed are denied, the property shall become the sole property of the Town and any claim of the owner of such property shall be deemed forfeited. g) Appeal. Any legal action filed challenging a decision of the Director shall be filed pursuant to rule 106 of the Colorado Rules of Civil Procedure within thirty (30) days of such decision or shall be forever barred. If any legal action is timely filed, the property shall be disbursed by the Director pursuant to the order of the court having jurisdiction over such claim. h) Disposal at Town's discretion. Thirty (30) days after the Director's final decision determining the Town's sole ownership to any unclaimed property described in this section, the Director, in his sole discretion, is hereby authorized to sell such property or otherwise dispose of it in the best interest of the Town. i) Sale of unclaimed property: advertisement. If the Director determines that any. unclaimed property should be sold, then at any time after thirty (30) days after the Director's final decision determining the Town's sole ownership to any unclaimed property described in this section, the Director may prepare a notice, which notice shall be published in a newspaper legally qualified for Town publications pursuant to the Town Charter and posted at Town hall, which notice shall be directed to the public and shall contain a statement that a list of all such property unclaimed is on file with the Town Clerk and available for public inspection. The notice shall further state the time and place where all such unclaimed property shall be sold by the Town ; the time fixed in the notice for such sale shall be no greater than fifteen (15) days nor less than five (5) days from the date of posting. At the time and place mentioned in the notice, it shall be the duty of the Town to dispose of or sell all such unclaimed property for the highest and best price the same will bring in cash, and to receive from the purchaser of each and every article the amount paid by such purchaser for the same, and to deliver the article, together with a bill of sale for the same, to the purchaser. 0) Sale of perishable, bulky, etc., property. Notwithstanding any other provision in this article, if any property taken possession of by the Town is 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 specified in this article, the Director upon certifying such fact to the Town Manager, setting forth reasons why such property should not be retained for the fixed period before selling or disposing of the same, may cause such property to be advertised forthwith in a newspaper legally qualified for Town publications and sell or dispose of such property at public sale at any time after three (3) days shall have elapsed from the time the property comes under control of the Town. (k) Administrative procedures. The Director is authorized to establish and administer procedures for the administration and disposition of unclaimed property consistent with this article, including compliance requirements for other Town officers and employees in the identification and disposition of such property. INTRODUCED, APPROVED, PASSED ON FIRST READING AND ORDERED POSTED the 11' day of August, and a public hearing on this ordinance shall be held at the regular meeting of the Town Council the 25' of August, 1998, at 5:30 p.m. in the Council Chambers, Avon Municipal Building, 400 Benchmark Road, Avon, Colorado. (SEAL) ATTEST: T6wn Clerk FINALLY August 25 , 1998. (SEAL) TTESTED: d' as .to form: ___ 14W ) Town ttorney Mayor PASSED, ADOPTED AND APPROVED, on M or STATE OF COLORADO ) COUNTY OF EAGLE ) SS TOWN OF AVON ) NOTICE IS HEREBY GIVEN OF A PUBLIC HEARING BEFORE THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO AT 5:30 P.M. ON THE 25'h DAY OF AUGUST, 1998, AT THE TOWN MUNICIPAL BUILDING FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO. 98-12 SERIES OF 1998: AN ORDINANCE ADDING CHAPTER 3.30 OF THE MUNICIPAL CODE OF THE TOWN OF AVON RELATING TO THE ADMINISTRATION AND DISPOSAL OF UNCLAIMED PROPERTY WHICH IS IN THE POSSESSION OF OR UNDER THE CONTROL OF THE TOWN. A copy of said Ordinance is attached hereto, and is also on file at the office of the Town Clerk, and may be inspected during regular business hours. Following this hearing, the Council may consider final passage of this Ordinance. This notice is given and posted by order of the Town Council of the Town of Avon, Colorado Dated this 21' day of August, 1998. mm OF AVON, COLORADO Wash Town Clerk POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON AUGUST 21,1998: AVON MUNICIPAL BUILDING IN THE MAIN LOBBY AVON RECREATION CENTER CITY MARKET IN THE MAIN LOBBY; AND EAGLEBEND APARTMENTS - CLUBHOUSE LAUNDRY Ordinance No. 98=13, Series of 1998, An Ordinance Amending Chapter 10 of the Municipal Code of the Town of Avon to Provide for the Regulation of Commercial Vehicles Within the Town of Avon; and Providing Penalties for the Violation Hereof. This Chapter is changed to Chapter 10.24 in the Municipal Code Book per the recommendation of Book Publishing Company as Chapter 10.18 already exists. In addition, Section 16. 18.010 Exemption permits is changed to 10.24.020 as it is miss numbered in the Ordinance. Section 2 is changed to 10.24.030.