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WELD COUNTY
CODE ORDINANCE 2007-6
IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 2
ADMINISTRATION, OF THE WELD COUNTY CODE
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF
WELD, STATE OF COLORADO:
WHEREAS,the Board of County Commissioners of the County of Weld, State of Colorado,
pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority
of administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners, on December 28, 2000, adopted Weld
County Code Ordinance 2000-1,enacting a comprehensive Code for the County of Weld, including
the codification of all previously adopted ordinances of a general and permanent nature enacted
on or before said date of adoption, and
WHEREAS, the Weld County Code is in need of revision and clarification with regard to
procedures, terms, and requirements therein.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the
County of Weld, State of Colorado, that certain existing Chapters of the Weld County Code be,and
hereby are, repealed and re-enacted, with amendments, and the various Chapters are revised to
read as follows.
CHAPTER 2 ADMINISTRATION
Amend Sec. 2-1-50. Disposition of electronic recordings.
On March 24, 1992, the Board of County Commissioners approved the following procedure for
disposition of electronic recordings of meetings and hearings. State record retention regulations
require that taped recordings of Board meetings and hearings be retained one (1) year plus the
current year; however, all recordings will be retained seven (7) years, plus the current year.
A. At the end of each year, the Clerk to the Board will send a memo to the County
Attorney's office to identify recordings which are scheduled for disposition.
B. The County Attorney's office will identify any specific recordings or hearings which
should be permanently retained due to pending or possible litigation.
C. Recordings not to be retained will be pulled and destroyed by the Clerk to the
Board's staff, and a list compiled.
Amend Sec. 2-1-60. Referral/response to correspondence.
On June 1, 1998, the Board of County Commissioners established the following procedure
to handle correspondence received by the Clerk to the Board's office. Elected officials will be given
a copy of all correspondence regarding concerns or complaints pertaining to their departments,and
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are asked to simply provide the Board of County Commissioners with a copy of each response to
complete the official file. Department heads are directed to draft a response to be written over the
signature of Chair of the Board. All complaints or requests from citizens received in the Board's
office shall be handled as follows:
A through D - No change.
E. After investigation of the complaint or request, the department head will make his
or her recommendation to the Board of County Commissioners, marking the correct
response, as listed below. The complete form (green sheet) and any supporting
documents will then be returned to the Clerk to the Board.
1 through 5 - No change.
6. E-mail reply means the department head or elected official replied to an
inquiry for information using e-mail correspondence.
Remainder of Section - No change.
Amend Sec. 2-1-80. Work sessions.
sessions each rk
A. The Board of County Commissioners will hold weekly work Monday
morning, beginning at 10:00 a.m. If business requires, additional work sessions
may be scheduled during the week.
B through C - No change.
D. An elected officials' meeting will be held quarterly.
Remainder of Section - No change.
Amend Sec. 2-1-90. Department designations.
Each of the five (5) major departments shall be coordinated by a Commissioner together
with assistance from another Commissioner, both of whom shall be appointed by the Board of
County Commissioners at its first meeting in January each year. The Chair of the Board of County
Commissioners shall be responsible for coordination of the Departments of Finance, Central
Purchasing and Personnel.
A. Department of Finance, Purchasing and Personnel:
1. Finance.
2. Personnel.
3. Information Services
4. Accounting.
5. Clerk to the Board.
6. Budget.
7. Risk Management.
8. Airport.
9. Communications.
10. Contract Administration.
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11. Fleet Management.
12. Sanitary Landfills.
13. Purchasing.
14. Economic Development.
15. Special Projects.
16. Veterans' Services.
17. Printing and Supply.
18. GIS.
19. Phone Services.
B. Department of Health Services:
1. Public Health and Environment.
2. Health Board.
3. Hospital Board.
4. Paramedic Service.
5. Extension Service.
6. Fair Board.
C. Department of Planning Services:
1. Planning and Zoning.
2. Building Inspection.
3. Board of Adjustment.
4. Planning Commission.
5. International Building Code Utility Board.
D. Department of Public Works:
1. Road and Bridge.
2. Engineering.
3. Pest and Weeds.
4 4. Buildings and Grounds.
Remainder of Section - No change.
Amend Sec. 2-1-110. Authorizations.
A and B - No change.
C. The Chair of the Board of County Commissioners has standing authority and is
authorized and directed to sign personal service contracts under ten thousand
dollars ($10,000.00), as well as all equipment maintenance, equipment lease,
computer equipment and software purchase agreements, and any standard letter
of assignment/consent.
Remainder of Section - No change.
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Amend Sec. 2-1-120. Delegation of authority.
Pursuant to Section 30-11-107(1)(aa), C.R.S., which authorizes the Board of County
Commissioners to establish policies and procedures regarding entering into contracts binding on
the County, and to delegate its powers to enter into such contracts pursuant to such policies and
procedures, the following policies were adopted by the County:
A. Authority delegated to the Chair of the Board to sign certain contracts and
agreements.
1. By Resolution #950198, dated February 22, 1995, the Board of County
Commissioners delegated authority to the Chair of the Board to sign certain
personal service contracts and maintenance agreements. The Chair of the
Board is authorized to enter into and sign contracts and agreements as
follows:
a. All contracts on behalf of the County for personal service contracts
under ten thousand dollars ($10,000.00).
b. All change orders to contracts for construction projects of up to five
percent (5%) of the original contract amount, not to exceed ten
thousand dollars ($10,000.00).
c. All contracts on behalf of the County for all equipment maintenance
contracts.
d. All related contracts and license agreements for computer hardware
and software operating in the County.
e. All computer-related agreements and documents to acquire and
maintain computer systems pursuant to the policy adopted by
resolution dated March 16, 1994, for the purpose of acquisition of
information services systems.
2. By Resolution #2004-1366, dated May 10, 2004, the Board of County
Commissioners delegated authority to the Chair of the Board to sign certain
agreements with municipalities in Weld County for road and street design,
construction and/or maintenance within the jurisdictional boundaries of the
municipalities, up to the amount of ten thousand dollars($10,000), whereby
the municipality will reimburse Weld County for the entire cost of such work
upon completion of the project.
3. By Resolution #2007-1689, dated June 26, 2007, the Board of County
Commissioners delegated authority to the Chair of the Board to sign any
standard letter of assignment/consent.
B. Acquisition of information services systems. Pursuant to Resolution #940249,
approved March 16, 1994, the Board of County Commissioners adopted the
following process for acquisition of information services systems:
1 through 6 - No change.
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C through F - No change.
G. Delegation of authority concerning chemical weed control cost share agreement.
By Resolution#980778 approved May 6, 1998,the Board of County Commissioners
approved the form of the Weld County Chemical Weed Control Cost Share
Agreement and authorized the Vegetation Management Specialist, Department of
Public Works,to sign said agreements with various landowners meeting the criteria.
By Resolution #2007-1499, the form of the Chemical Weed Control Cost Share
Agreement was updated. On May 30, 2007, the Board approved Resolutions
#2007-1498, #2007-1500, #2007-1501, #2007-1502, #2007-1503, #2007-1504,
#2007-1505, and#2007-1506, approving the form of the following agreements and
delegating authority to the Vegetation Management Specialist, Department of Public
Works, to sign said agreements with various landowners meeting the criteria:
National Fish and Wildlife Foundation (NFWF) Weed Control Cost Share, Yellow
Nutsedge Chemical Weed Control Cost Share, Diffuse Knapweed Chemical Weed
Control Cost Share, Absinth Wormwood Chemical Weed Control Cost Share,
Dalmatian Toadflax Chemical Weed Control Cost Share, County Chemical Weed
Control Cost Share Agreement through State Lands, Chemical Weed Control Cost
Share Agreement through West Greeley Conservation District, and Equipment
Rental, respectively.
H through O - No change.
P. Delegation of authority concerning Standard Form for Child Protection Agreement
for Respite Care. The Board of County Commissioners, on March 17, 2004, by
Resolution#2004-0854,approved the standard form for Child Protection Agreement
for Services for Respite Care, and granted standing authority to the Chair of the
Board to sign said agreement, after review by the County Attorney to verify that it
was completed in accordance with the form approved by the Board. By Resolution
#2006-0524, the form of the agreement was updated.
Q through S - No change.
T. Delegation of authority concerning Standard Agreements for Business Associates
having access to HIPAA protected information and doing business with Weld
County. By Resolution #2003-0904, dated April 7, 2003, the Board of County
Commissioners delegated authority to the HIPAA Privacy Officers, being duly
appointed by the Board, to sign certain agreements for the various Weld County
HIPAA plans. By Resolution#2006-0313, the form of the agreement was updated.
U. Delegation of authority concerning Weld County Clerk and Recorder Agreement for
Elections Division Facility Usage. The Board of County Commissioners, on July 9,
2007, by Resolution #2007-1914, approved the standard form for Weld County
Clerk and Recorder Agreement for Elections Division Facility Usage, and granted
standing authority to the Chair of the Board to sign said agreement, after review by
the County Attorney to verify that it was completed in accordance with the form
approved by the Board.
V. Delegation of authority concerning Standard Form for Addendum to Agreement to
Purchase Therapeutic Residential Child Care Facility Services / Residential Child
Care Facility Services. The Board of County Commissioners, on August 27, 2007,
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by Resolution #2007-2734, approved the standard form for Addendum to
Agreement to Purchase Therapeutic Residential Child Care Facility Services /
Residential Child Care Facility Services,and granted standing authority to the Chair
of the Board to sign said agreement, after review by the County Attorney to verify
that it was completed in accordance with the form approved by the Board.
W. Delegation of authority concerning Standard Form for Addendum to Agreement to
Purchase Child Placement Agency Services. The Board of County Commissioners,
on August 27, 2007, by Resolution #2007-2735, approved the standard form for
Addendum to Agreement to Purchase Child Placement Agency Services, and
granted standing authority to the Chair of the Board to sign said agreement, after
review by the County Attorney to verify that it was completed in accordance with the
form approved by the Board.
X. Delegation of authority concerning Standard Form for Addendum to Agreement to
Purchase Residential Child Care Facility Services. The Board of County
Commissioners, on August 27, 2007, by Resolution #2007-2736, approved the
standard form for Addendum to Agreement to Purchase Residential Child Care
Facility Services, and granted standing authority to the Chair of the Board to sign
said agreement, after review by the County Attorney to verify that it was completed
in accordance with the form approved by the Board.
Y. Delegation of authority concerning Standard Form for Addendum to Agreement to
Purchase Specialized Group Home Care Services. The Board of County
Commissioners, on August 27, 2007, by Resolution #2007-2737, approved the
standard form for Addendum to Agreement to Purchase Specialized Group Home
Care Services, and granted standing authority to the Chair of the Board to sign said
agreement, after review by the County Attorney to verify that it was completed in
accordance with the form approved by the Board.
Amend Sec. 2-1-160. First readings of ordinances.
A - No change.
B. Pursuant to Section 3-14 of the Home Rule Charter, upon the introduction of an
ordinance, it must be read in its entirety. Because the first reading of ordinances
often takes significant amounts of time at the regular meetings of the Board of
County Commissioners, the Board of County Commissioners, by resolution on
May 11, 1992, adopted the procedures set forth below in order to provide a
mechanism by which the first reading of ordinances will be expedited, while at the
same time providing the requisite record of notice to the public, and complying with
the requirements of Section 3-14 of the Home Rule Charter.
1. Upon the majority vote of the Board of County Commissioners and solely at
its discretion, an ordinance may be read for the first reading by the playing
of a recording of the ordinance as it is presented for first reading. The
playing of the recording shall satisfy the first reading requirements set forth
in Section 3-14 of the Home Rule Charter.
2. Any reading of an ordinance for the first time by the playing of a recording
will be conducted in the Board's assembly room or in a room immediately
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adjacent thereto. The Chair of the Board shall read into the record that the
first reading will be accomplished by the playing of a recording and will
announce where the recording will be played.
3. The department which is recommending the adoption of the ordinance, the
Clerk to the Board or the Board's designee shall be the reader of the
proposed ordinance on the recording.All such readings and recordings must
take place in the Clerk to the Board's office on a recording device approved
for such use by the Clerk. Recordings of ordinances must be prepared and
delivered to the Clerk to the Board no later than 5:00 p.m. on the day prior
to the meeting at which the ordinance is formally introduced.
4. All recordings of the first readings of ordinances shall be on recording media
provided by and kept in the custody of the Clerk to the Board.
Amend Sec. 2-2-10. Press Releases.
A. The only,:,II press releases that do not3hall need prior approval of the Board of
County Coiniissionersappropriate elected official(s) before release, with the
exception of those issued by OEM, as detailed in subparagraph B of this Section.
1. It is totally related to the issuing department.
2. It does not take issue with established County policy.
3. It is not related to lobbying for or against a legislative issue. (See the
Amend Sec. 2-2-20. Lobbying policy.
A and B - No change.
C. In accordance with federal rules and regulations, no federal funds can be used for
lobbying activities in any way:
D. Any County employee or official lobbying on behalf of the County shall comply with
the state regulation of lobbyists (Title 24, Article 6, Part 3 of the Colorado Revised
Statutes). In the event any County funds are expended for lobbying activities, a
copy of such expenditure claim form shall be sent to the Director of Finance and
Administration specifying the date, lobby activity, purpose of expense and name of
the official or group lobbied. In the event the sum total of expended funds requires
a filing with the Secretary of State, the Director of Finance and Administration and
County employee or official involved will ensure that proper filings to the Secretary
of State are made.
Amend Sec. 2-2-50. Letter-sized mail.
A. The U.S. Postal Service Board of Governors has adopted Shape-Based Pricing,
which uses shape along with weight to determine prices. This pricing recognizes
that different shapes - letters, large envelopes ("flats"), and packages ("parcels") -
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have different processing costs and therefore each shape is in need of having
separate pricing. Weld County classifies the mail into three categories: First Class,
First Class Pre-sort and Priority mail. First class mail is metered and sent to the
post office the same day it received. The cost for letters is .41 cents for the first
ounce and .17 for each additional ounce not to exceed 3.5 ounces. All large
envelopes ("flats") and packages ("parcels") are First Class as long as they do not
exceed 13 ounces. If they do exceed 13 ounces, they go out as Priority Mail. The
cost for Priority Mail is $4.60 for the first 13 ounces. First Class Pre-sorted mail is
metered and sent to an outside vendor to be sorted by zip code. It is then sent to
the post office the next day. The cost for letters not exceeding two (2) ounces is
.312 cents and .125 cents for the next ounce.
Shape-Based Pricing
Mail Shape New price
Postcards $0.26
• Maximum length: 6"
•
Maximum height: 4 1/4"
• Maximum thickness: 0.016"
Letters(1 Footnote:All First-Class Mail Letters nonmachinable letters are subject to the 17-cent nonmachinable
$0.41 for first ounce
surcharge.) $0.17 for each additional ounce
• Maximum weight: 3.5 ounces
• Maximum length: 11 1/2"
• Maximum height: 6 1/8"
• Maximum thickness: 1/4"
Large Envelopes
(If a letter exceeds any of these dimensions it will be classified and priced as a large
envelope (flat).) $0.80 for the first ounce
$0.17 for each additional ounce
• Maximum weight: 13 ounces
• Maximum length: 15"
• Maximum height: 12"
• Maximum thickness: 3/4"
Packages
(If the large envelope exceeds any of these dimensions, it will be classified and
priced as a package (parcel). Large envelopes must also be flexible, rectangular,
and uniformly thick. A large envelope that exceeds 13 ounces is classified and
priced as Priority Mail®.) $1.13 for the first ounce
$0.17 for each additional ounce
• Maximum weight: 13 ounces
• Maximum size no more than 108" in combined length and
girth
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A package that exceeds 13 ounces is classified and priced as Priority Mail®. All
First-Class Mail "non-machinable" letters are subject to the 17-cent
"non-machinable" surcharge.
B. All outgoing County mail will be sent out through the Department of Printing and
Supply and will be metered in that office. Offices are not to use stamps, stamped
mail or their own postage meters. Human Services shall have authority to process
its own mail due to the volume and funding of Human Services activities. Del
Camino and Fort Lupton offices will process their own mail due to the locations of
these offices. The Department of Printing and Supply will be responsible for
providing supplies for these postage machines. These offices are responsible for
informing the Department of Printing of Supply when more postage is put onto the
machines.
C. All mail must be received in the Print Shop by 3:00 p.m. Monday through Thursday
and by 2:30 p.m. on Friday. All departments are directed to use the following
standards, taken from the U.S. Postal Services printout, Addressing for the
"Computer Eye":
1 through 4 - No change.
5. Use an OCR-Readable Type Style. The following types are approved
OCR-Readable: Times New Roman, Arial, Courier, and Century School
Book. The font size should be no smaller then a 10 pt or larger then a 12 pt.
D. Departments are responsible for the following:
1 through 4 - No change.
5. All first class mail must be labeled First Class mail. Any mail not properly
labeled will be assumed to be Presort.
6. Any mail that is to be delivered to inner County offices should be put into the
department's mail boxes in the Department of Human Resources. Do not
include in outgoing mail.
7. Large envelopes (flats) less than 3.5 ounces needs to be clearly marked
letting the staff from the Department of Printing and Supply know it must go
out at as a flat rate. This should only happen if the contents cannot be
folded to fit into a letter size envelope.
E. The Director of Administration provides one courier run to the north administrative
buildings for internal mail. Pickup and delivery time is 9:45 a.m.
Amend Sec. 2-2-60. County property.
A through I - No change.
J. If County property to be sold has been put out to bid and no bids are received, then
the Director of Administrative Services may negotiate a sale of the property to an
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interested party. Once the sale has been negotiated, the Board of County
Commissioners shall consider in a regular Board meeting whether or not to accept
the offer and sale by resolution.
Amend Sec. 2-2-70. Mineral leasing policy.
A. The County owns mineral rights for approximately forty thousand (40,000) acres.
On November 19, 1986, the Board of County Commissioners adopted the following
mineral leasing policy by resolution:
1 through 5 - No change.
6. Royalty interest in the production to be paid to the County shall be at least
twenty percent(20%). Specific amount of royalty interest shall be set by the
Board of County Commissioners prior to the bidding process.
7. Royalty interest in the production to be paid to the County shall be twenty
percent(20%)when bidding is waived on small parcels under five(5)acres,
with a minimum of a two-hundred-dollar royalty bonus for the parcel.
Remainder of Section - No change.
Delete Sec. 2-2-100. Work release program.
Amend Sec. 2-2-140. Diversity policy.
A through C - No change.
D. If the County's expectations as listed above are not met, the following procedures
will apply.
1. Employee reports the problem to a responsible County official, such as a
supervisor, elected official, department head or the Director of Human
Resources.
2. The official receiving the report documents all information received and
persons spoken to and notifies the Department of Human Resources within
twenty-four (24) hours of the alleged incident.
3. In cooperation with the requesting department, the Department of Human
Resources investigates, develops and retains documentation of all
allegations and ensures that appropriate corrective actions are taken,
including disciplinary measures by the appropriate person when justified, to
remedy all violations of this policy.
4. The Department of Human Resources follows up within thirty (30) days to
assure no further violations of the policy have occurred.
Remainder of Section - No change.
Amend Sec. 2-3-30. Collateral for improvements.
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A. General requirements for collateral:
1. This policy shall be applied to all future applications for Subdivisions,
Planned Unit Developments, Change of Zones, Final Plats, Uses by Special
Review, and Site Plan Reviews. If this policy has not been applied to an
application,the policy shall not be applied to a request for complete releases
of collateral and the procedures for release of collateral shall be as set forth
in the Improvements Agreement. The County shall not guarantee
maintenance of roads in developments which have not complied with the
provisions of this policy.
Remainder of Section - No change.
Amend Sec. 2-3-100. Planning Commission transcripts.
It is the policy of the Board of County Commissioners that:
A. The Director of Planning Services shall record on electronic recording device the
hearings of the Planning Commission.
B. At times determined by the Director of Planning Services to be reasonable, he shall
allow the applicants to listen to a recording of a hearing.
C. Recording and playback equipment shall be operated only by the Director of
Planning Services or by the Department of Planning Services staff.
D. The Director of Planning Services shall charge a reasonable fee based on the costs
of staffs time for operating playback equipment for persons who wish to listen,
record or transcribe from a recording.
E. Anyone transcribing from an electronic recording device shall furnish the Director
of Planning Services one (1) copy of the transcription without charge.
F. The Director of Planning Services may have staff prepare a transcript from a
recording.
Remainder of Section - No change.
Add Sec. 2-3-110. Consent agenda for land use hearingsDetermination of satisfaction of
improvements agreements and release of associated collateral as consent agenda items.
•
•
•
•
f3oard.Resolutions regarding the determination of satisfaction of improvements agreements and
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the release of associated collateral shall appear as items on the Consent Agenda unless removed
therefrom by the Board.
Amend Sec. 2-5-30. Authorized use of County-owned heavy equipment.
A. When dry weather conditions cause prairie lands located in the County to become
a high fire danger, there is a need for a cooperative approach among citizens and
private and public entities, to fight prairie fires which may occur on public and/or
private lands.
Remainder of Section - No change.
Amend Sec. 2-6-140. Accidents.
In case of an accident involving a County vehicle, the driver should immediately notify
proper law enforcement authorities, regardless of the extent of damage to the vehicles involved.
A. If the extent of the damage and conditions at the accident scene warrant, the driver
shall contact their immediate supervisor who will ask the County Communications
Center to coordinate towing service through the County's fleet maintenance
contractor. If the employee's supervisor cannot be reached, contact should be
made with a department manager or Human Resources. Should law enforcement
authorities at the scene determine a need for immediate removal of the vehicle,they
shall have the discretion to contact a private towing service.
B. No later than the next regular workday, the driver shall notify his or her immediate
supervisor(if contact was not made at the time of the accident)or department head
of the accident and submit to the supervisor the Accident Exchange Information
Report received from the other driver at the scene of the accident. The supervisor
shall ensure that all reports and forms are accurately completed, submit them to the
County Human Resource Department and then have the employee complete any
injury reports as detailed in Chapter 3, Article VIII of this Code. Failure to report an
accident or a high incidence of accidents by a driver shall result in review by the
department head and/or Finance Officer,who shall recommend appropriate action.
C. The supervisor shall coordinate obtaining repair estimates with the County's fleet
maintenance contractor. Repair estimates will be forwarded to the County Human
Resource Department for submission with the accident report for claim adjustment.
Departments will be assessed $500 for repairs exceeding that amount.
Amend Sec. 2-6-160. Two-way radio equipment.
All vehicles and equipment operated during emergency situations, such as blizzards or
flooding, shall be equipped with two-way radio equipment. If such equipment is not regularly
available in a vehicle, the supervisor shall request the issuance of such,on a temporary basis,from
the Communications Department, if available.
Amend Sec. 2-6-170. Motor vehicle records check.
Applicants selected by department heads for employment to a position that requires driving
of a County vehicle or equipment will be required to complete a Motor Vehicle Records Check form.
The Department of Personnel will forward the form to the State for search of the individual's traffic
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record. In addition, past employers will be checked for the applicant's driving ability and driving
record. This will prevent the County from employing high-risk individuals and thus help the County
to reduce its liability exposure. The Motor Vehicle Records Check form will be automatic for all
employees of the Departments of Public Works, Buildings and Grounds (except janitors),
Paramedic Service, Building Inspection, Human Services drivers, and all sworn personnel for the
Sheriff's Office. All other departments should identify on the personnel requisition form those
positions that will require driving a County vehicle so that a motor vehicle records check may be
conducted for personnel employed for those positions. It takes approximately two (2) weeks to
complete the checks. In order not to hold up employment for those positions, individuals employed
will be required to sign a statement of understanding to the effect that driving of County vehicles
is a requirement for the position and a poor driving record will be grounds for dismissal as a part
of the regular probation period.
Amend Sec. 2-6-180. Miscellaneous vehicle policies.
A - No change.
B. Laws. Drivers of County vehicles shall abide by all applicable laws regarding
operation of motor vehicles.
Remainder of Section - No change.
Amend Sec. 2-7-10. Introduction.
In accordance with the Board of County Commissioners'policy,adopted December'7, 1979,
concerning use of County vehicles, the assignments and garaging have been determined. Other
than vehicles approved by the Board of County Commissioners for residence garaging, all vehicles
should be garaged at a County facility designated by the Equipment Service Manager.
Amend Sec. 2-7-40. Residence garaging.
A. Residence garaging is permitted for vehicles assigned directly to a designated
classification or position within a department where it has been determined by the
Board of County Commissioners that it is in the interest of the County to allow daily
residence garaging because the job assignment requires availability of the vehicle
by the operator potentially on call at all times for County service. Only positions
specifically designated by the Board of County Commissioners are permitted
I permanent residence garaging. The ComptrollerController shall, at all times,
maintain a current authorization list of positions designated by the Board.
Amend Sec. 2-8-10. Scope.
This Article shall apply to all personal property acquired or held by the Sheriff during the
normal course of his or her duties, or those of his or her deputies, and under circumstances
supporting a reasonable belief that such property was abandoned, lost, confiscated, stolen or
otherwise illegally possessed, including, but not limited to property left on public or private property,
in abandoned vehicles or at vehicle accident locations, unclaimed property obtained by a search
and seizure,and unclaimed property used as evidence in any criminal trial. This Article supercedes
the requirements of Sections 38-13-101, et seq., and 42-13-101, et seq., C.R.S. This Article shall
not apply to the disposition of seized personal property pursuant to the terms of the provisions of
the following state statutes: (1) State of Colorado's Abatement of Public Nuisance, Sections
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16-13-301, et seq., C.R.S.; (2) Colorado Contraband Forfeiture Act, Sections 16-13-501, et seq.,
C.R.S.; (3) Sections 12-55.5-110, et seq., C.R.S.; or (4) the civil actions portion of the Colorado
Organized Crime Control Act, Sections 18-17-101, et seq., C.R.S.
Amend Section 2-8-20. Definitions.
Personal property means everything that is the subject of ownership, which is not real
property. Personal property includes all tangible property.
Tangible personal property means property which can be seen and touched, and includes,
but is not limited to:
a. Electrical and/or computer equipment;
b. Weapons;
c. Money;
d. Precious metals or stones and jewelry;
e. Coins or money with a special numismatic value;
f. Contraband; or
g. Other items of special value or nature as the Sheriffs office may determine, from
other departments or agencies of the County.
Last known address means a description of the location of the apparent owner sufficient
for the purpose of the delivery of mail.
Owner or presumed owner means a person having a legal or equitable interest in property
subject to this article or his/her legal representative.
Person means an individual, business association state or other government,governmental
subdivision, or agency, public corporation, public authority, trust, estate, two or more persons
having a joint or common interest, or any other legal or commercial entity.
Unclaimed and/or Abandoned Property means all property reasonably believed to have
been abandoned, lost, confiscated, stolen, or otherwise illegally possessed, and includes, but is
not limited to, property left in abandoned vehicles or at vehicle accident locations, unclaimed
property obtained by a search and seizure, and unclaimed property used as evidence in a criminal
trial, except for such other personal property as shall be disposed of in a different manner in
accordance with the laws of the State of Colorado. Property shall be considered to be unclaimed
and/or abandoned whenever an owner of property fails to claim property of property, or whenever
the identity of the owner cannot be determined by exercise of reasonable inquiry and effort.
Amend Sec. 2-8-30. Authority of Sheriff to take and hold property.
The Sheriff shall have authority to take possession of any personal property which is
confiscated by the Sheriff or any or his or her deputies, or which is delivered to the Sheriff by any
other law enforcement agencies, or property which is believed by the Sheriff to have been
abandoned, lost, stolen or otherwise illegally possessed. The Sheriff shall not be required to
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accept any lost,confiscated,stolen or abandoned property not listed in Section 2-8-20,above,such
as food, clothing, books, furniture, or household items, etc.Whenever any Weld County employee
comes into possession of personal property which said employee reasonably believes to be
unclaimed and/or abandoned, lost, or stolen property, or property which has been properly seized
by or on behalf of the County, said employee shall contact the Sheriff within twenty-four(24) hours
of having come into possession of said property to inform the Sheriff. The Sheriff shall within three
(3) days arrange to take possession of said property.
Amend Sec. 2-8-40. Appointment of custodian.
The Sheriff shall designate a deputy to act as custodian of all lost, confiscated, abandoned,
and/or stolen personal property coming into the possession of the Sheriff's Office.
Amend Sec. 2-8-50. Custodian's responsibilities.
It shall be the responsibility of the custodian to keep a record of all property which comes
into the possession of the Sheriff's Office. The record shall include the following information: the
date and place of the finding, recovery, or delivery of the property, any serial number, a description
of the property, the name and address of all claimants, the method of disposition of all property,
(whether by sale,destruction, return to owner or other disposition), and written receipts for property
as required by this Article. In addition, the custodian shall cause the property to be safely stored
until disposal, unless otherwise required by this Article.
Repeal and Re-enact as follows, Sec. 2-8-60. Disposition of tangible personal property.
A. Procedure for disposition of personal property where the owner's identification is
determinable or known.
1. Upon taking possession of tangible personal property, the custodian shall
make reasonable inquiry and effort to identify and notify the owner or person
entitled to possession thereof. Reasonable notice shall consist of written
notice sent by certified mail to the last know address of the presumed
owner, which shall include the following information:
a. Address and telephone number of Sheriffs custodian.
b. Location of storage of property.
c. Detailed description of property.
d. Reason for which property is held in custody.
2. The custodian shall notify the owner that the property will be disposed of in
twenty (20) days if the property is not claimed prior to that date.
3. The Sheriff shall use reasonable judgment in evaluating a claim of
ownership. The information set forth in the preceding paragraphs will be
sent to the presumed owner or person entitled to possession of the property.
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4. If the presumed owner or person entitled to possession of the property
provides reasonable and satisfactory proof of ownership or right to
possession of the property, and reimburses the Sheriff for all reasonable
expenses of custody and handling, the property shall be returned to the
owner or person entitled to possession at any time before a sale at public
auction.
B. Procedure for property held as evidence.
1. All personal property seized and held as evidence for use in any pending
or anticipated criminal proceeding shall be held until the final disposition of
the proceeding, including appeals, or the lapse for filing of appeals, unless
a court having jurisdiction or the prosecuting attorney authorize otherwise.
Thereafter, unless otherwise ordered by a Court having jurisdiction, the
custodian shall dispose of the property as set forth in the provisions of this
Article.
2. Upon application to the prosecuting attorney by the custodian, confiscated
money which has no intrinsic evidentiary value or numismatic value, may be
deposited into the Sheriff's custodial fund until final disposition of charges,
and shall thereafter be disposed of as set forth in the provisions of this
Article.
C. Disposition of property where identity of owner is unknown.
1. If the identity or location of the owner or person entitled to possession of the
property has not been ascertained within ninety(90)days, or six(6)months
in the case of property believed to be stolen or otherwise illegally
possessed, the property shall escheat to the County and the owner or
person entitled to possession of the property shall be forever barred from
any and all claim or right to such property or the proceeds thereof.
2. If the Sheriff finds that any unclaimed property may be used by his or her
department or by other department of the County in the performance of its
duties, such property may be held and utilized by the Sheriff's office until
such time that it is no longer needed and then disposed of, as set forth in
paragraphs C. 3. through C. 10. of this Section, below. The Sheriff shall
seek the approval of the Board of County Commissioners as set forth in
Section 2-8-80 below, and shall provide annually a list of all such property
so utilized.
3. All property which cannot be utilized by the Sheriff or other County
department shall be sold by the Sheriff. It shall be the duty of the Sheriff to
sell all such unclaimed property at the highest and best price which the
same shall bring in cash, and to receive from the purchaser of each and
every article the amount paid by such purchaser for the same. The Sheriff
shall advertise the auction at least one time in a newspaper of general
circulation, at least ten (10) days prior to the auction, giving the location,
time, and date of the auction and a brief description of the property offered.
4. Unclaimed property consisting of jewelry, gems, watches, precious metals,
coins having special numismatic value, or other property having unique
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value may, in the discretion of the Sheriff, be sold either at auction or to the
highest bidder after solicitation of sealed bids from at least three(3)dealers
in that particular type of property.
5. The Sheriff shall be reimbursed for all costs associated with the sale of the
property, including, but not limited to, costs associated with advertisements,
auctioneer's fees, legal notices and transportation of the property.
6. Any toys, including bicycles, tricycles, and other articles made for use by
children, which have escheated to the County may be offered at a separate
public auction, at which to the extent possible, participation by dealers shall
be discouraged. Any articles remaining after the auction shall be delivered
by employees of the Sheriff to the Department of Human Services for
distribution to individuals and charitable organizations.
7. It being in the interest to restrict the flow of firearms,all uUUnclaimed firearms
which the Sheriff finds cannot be utilized in the performance of the duties of
the Sheriff's office shall be either abandoned to the United States Bureau of
Alcohol Tobacco and Firearms, or shall be destroyed.
8. If it is unlawful for a person to possess a particular item of property, then
such personal property shall not be sold or donated, but shall be either
destroyed, or if feasible, used by the Sheriff to carry out the normal duties
and responsibilities of his/her office. If the Sheriff wishes to convert any such
property to use by his/her office, the Sheriff shall seek the approval of the
Board of County Commissioners in each instance, and shall report the use
of all such property annually.
9. If any property which is seized or taken into possession by the Sheriff is of
a perishable nature, or is so bulky or of such a nature as to make it
dangerous, or undesirable to retain possession thereof, the Sheriff shall, in
the exercise of his/her best judgment, either destroy the property or shall
cause the property to be forthwith advertised for sale in a newspaper of
general circulation, and shall sell the property any time at least three days
following the date of publication.
10. Unclaimed property of no value shall be held for ninety(90)days and, if still
unclaimed, the Sheriff may either destroy or otherwise dispose of said
property without placing it for sale.
Amend Sec. 2-8-70. Approval of the Board of County Commissioners.
The owner or person entitled to possession of the property may claim and recover
possession of the property at any time before a sale at public auction upon providing reasonable
and satisfactory proof of ownership or right to possession and after reimbursing the Sheriff for all
reasonable expenses of custody and handling thereof. Whenever the Sheriff or the personnel of
any other department of the County determines that an item of unclaimed personal property can
be utilized by said department, the Sheriff or other Department head shall apply to the Board of
County Commissioners for approval to retain and to use said items of personal property.
Repeal and Re-enact as follows, Sec. 2-8-80. Report to Board of County Commissioners.
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A. When a sale of property has been completed, it shall be the duty of the Sheriff to
make a report to the Board of County Commissioners giving in detail, a description
of the articles sold and the amount of money received for each of the articles, and
at the same time to turn over to the Board of County Commissioners for deposit into
the general fund all money which has come into his or her hands as the proceeds
of the sale.
B. The Sheriffs ()Office and each department of the County which retains unclaimed
property for use shall file an annual report listing such property, and identifying any
such property which has become unusable and discarded during the preceding
year.
Delete Sec. 2-8-90. Conduct of auction.
Delete Sec. 2-8-100. Report to Board of County Commissioners.
Delete Sec. 2-8-110. Property unlawful to possess.
Delete Sec. 2-8-120. Perishable property.
Amend Sec. 2-9-90. Critical County facilities.
The following is a list of County buildings that are essential to County operations during a
storm and must be given the highest priority of services, staffing and snow removal:
A through E - No change.
F. Paramedic Service for Greeley, Evans and Fort Lupton.
G. Weld County Business Park administrative buildings.
H. Southwest Weld building.
Southeast Weld building.
Amend Sec. 2-9-100. Four-wheel drive vehicles.
A through C - No change.
D. All non-County 4x4 vehicles should be equipped with
celiphonea communications device.
Amend Sec. 2-9-120. Duties and responsibilities by department.
Each County agency is assigned the following duties during a snow emergency:
A through E - No change.
F. Buildings and Grounds:
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1. Maintain snow removal operations all County facilities.
2 through 3 - No change.
G. Paramedic Service:
Remainder of Section - No change.
Amend Sec. 2-12-30. Collect calls by employees.
A - No change.
Amend Sec. 2-12-40. County owned cellular phones, cellular personal digital assistants
("PDA's"), or aircards.
Any department or office needing a cellular phone, cellular personal digital assistant
("PDA"), or aircard will complete the appropriate request form, available through the Department
of Phone Services. On the form the department shall indicate the service requested and the
justification. The Department of Phone Services will identify the costs to acquire and operate the
device and make a recommendation to the Director of Finance and Administration concerning the
request.The Director of Finance and Administration will then make a recommendation to the Board
of County Commissioners. The Board of County Commissioners will then approve or disapprove
the request. Only those requests approved by the Board of County Commissioners will be
permitted to acquire a cellular phone, cellular personal digital assistant ("PDA"), or aircard with
County funds.
Insert a new Sec. 2-12-50 as follows, and renumber current paragraphs 2-12-50 through
2-12-130 accordingly.
Sec. 2-12-50. Privately owned cellular personal digital assistants ("PDA's").
Employees who wish to purchase personal digital assistant("PDA")to access County data
are required to attain department head approval prior to obtaining such access. Employees do not
have a right to privacy in such communications and information, even though it resides on privately
owned devices. If the device is lost, stolen or no longer used, the employee must report the same
to the Information Services Department immediately.
Amend Sec. 2-12-80. Employee carpooling.
It is the policy of the County to encourage all County employees to enter into carpooling
arrangements with other employees for transportation to and from work,to the end that energy may
be conserved.
Amend Sec. 2-12-140. Policy for use of meeting rooms.
A. It is the policy of the Board of County Commissioners to allow use of the meeting
room at the Southwest and Southeast Weld County Services Centers on a cost
basis to community groups when such does not interfere with regular
County-sponsored activities.
B and C - No change.
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D. Use of the meeting room.
1. All groups sponsoring meetings in the meeting room shall schedule use of
the room through the Weld County Human Resources Department, Weld
County Centennial Center, 915 10th Street, Greeley, Colorado (970)
336-7220.
Amend Sec. 2-13-40. Issuance of addresses.
Addresses shall only be issued for locations within the unincorporated areas of the County
where structures are being constructed or power poles erected and which necessitate the issuance
of building or electrical permits by the Department of Building Inspection. Addresses shall also be
issued to all lots in subdivisions, minor subdivisions and Recorded Exemptions within 30 days of
being recorded in the offices of the Weld County Clerk and Recorder. All issued addresses shall
be transmitted forthwith to the GIS Department for inclusion into the Weld County Address
Database. To be issued an address, the location must be a legal lot (defined in Section 23-1-90
of this Code) served by an approved access, as such term is defined in Section 2-13-50 of this
Article. Only one (1) address will be issued per legal lot, except where more than one (1) address
is justified, as determined by the Department of Planning Services.
Amend Sec. 2-13-70. Rules for issuance of addresses in County.
A through G - No change.
H. Addresses for legal lots located within subdivisions or planned unit developments
("PUDs") shall be issued in accordance with the following rules.
1. Interior street names in subdivisions and PUDs shall be approved in the
course of the land use approval process, according to the following
guidelines:
a - No change.
b. Street names should be considered so as to avoid misinterpretation
or emergency dispatch errors, either within the County or in any
Weld County jurisdictions.
c - No change.
d. Street names will not contain hyphens, apostrophes or other
extraordinary characters.
Remainder of Section - No change.
Delete all of APPENDIX 2-B.
Delete all of APPENDIX 2-C.
Amend APPENDIX 2-D to become APPENDIX 2-B.
BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be, and hereby is,
directed to arrange for Colorado Code Publishing to supplement the Weld County Code with the
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amendments contained herein, to coincide with chapters, articles, divisions, sections, and
sub sections as they currently exist within said Code; and to resolve any inconsistencies regarding
capitalization,grammar, and numbering or placement of chapters,articles, divisions, sections, and
sub-sections in said Code.
BE IT FURTHER ORDAINED by the Board if any section,subsection, paragraph,sentence,
clause, or phrase of this Ordinance is for any reason held or decided to be unconstitutional, such
decision shall not affect the validity of the remaining portions hereof. The Board of County
Commissioners hereby declares that it would have enacted this Ordinance in each and every
section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that
any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be
declared to be unconstitutional or invalid.
The above and foregoing Ordinance Number 2007-6 was, on motion duly made and
seconded, adopted by the following vote on the 5th day of November, A.D., 2007.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
David E. Long, Chair
Weld County Clerk to the Board
William H. Jerke, Pro-Tem
BY:
Deputy Clerk to the Board
William F. Garcia
APPROVED AS TO FORM:
Robert D. Masden
County Attorney
Douglas Rademacher
First Reading: September 24, 2007
Publication: October 3, 2007, in the Fort Lupton Press
Second Reading: October 15, 2007
Publication: October 24, 2007, in the Fort Lupton Press
Final Reading: November 5, 2007
Publication: November 14, 2007, in the Fort Lupton Press
Effective: November 19, 2007
I
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