HomeMy WebLinkAbout20191796.tiffNOTICE OF
FINAL READING OF ORDINANCE
Pursuant to the Weld County Home Rule Charter, Ordinance Number 2019-06 was introduced on
first reading on May 8, 2019, and a public hearing and second reading was held on May 29, 2019.
A public hearing and final reading were completed on June 17, 2019, with no change being made
to the text of said Ordinance, and on motion duly made and seconded, was adopted. Effective
date of said Ordinance is listed below.
Any backup material, exhibits or information previously submitted to the Board of County
Commissioners concerning this matter may be examined in the office of the Clerk to the Board of
County Commissioners, located within the Weld County Administration Building, 1150 O Street,
Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be
accessed through the Weld County Web Page (www.weldgov.com). E-mail messages sent to an
individual Commissioner may not be included in the case file. To ensure inclusion of your e-
mail correspondence into the case file, please send a copy to egesick@weldgov.com.
ORDINANCE NO. 2019-06
ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH
AMENDMENTS, CHAPTER 2 ADMINISTRATION, OF THE WELD COUNTY CODE
EFFECTIVE DATE: July 1, 2019
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: June 21, 2019
PUBLISHED: June 26, 2019, in the Greeley Tribune
otoi 9 / 7960.
Affidavit of Publication
NOTICE OF FINAL READING
OF ORDINANCE, •
Pursuant to the Weld County Home Rule Charter, Ordinance
Number 2019-06 was introduced on first reading on May 8, 2019,
and a public hearing and second reading was held on May 29,
2019. A public hearing and final reading were completed on June
17, 2019, with no change being made to the text of said Ordi-
nance, and on motion duly made and seconded, was adopted.
Effective date of said Ordinance is listed below. Any backup ma-
terial, exhibits or information previously submitted to the Board •
of County Commissioners concerning this matter may be exam-
ined in the office of the Clerk to the Board of. County Commis-
sioners, located within the Weld County Administration Building,.
1150 O Street, Greeley, Colorado, betweeh the hours of 8:00
a.m. and 5:00 p.m., Monday thru Friday, or may be accessed
through the Weld County Web Page (www.weldgov.com): E-mail
messages sent town individual Commissioner may not be in-
cluded in the case file. To ensure inclusion of your e-mail
correspondence into the case file, please send a copy to eg
esick@weldgov.com.
ORDINANCE NO. 2019-06
ORDINANCE TITLE: IN THE MATTER OF REPEALING AND
REENACTING, WITH AMENDMENTS, CHAPTER 2 ADMINIS•
-
TRATION, OF THE WELD COUNTY CODE
EFFECTIVE DATE: July 1, 2019 •
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO •
DATED: June 21, 2019
The Tribune
June 26, 2019
STATE OF COLORADO
County of Weld,
I Jennifer Usher
SS.
of said County of Weld, being duly sworn, say
that I am an advertising clerk of
THE GREELEY TRIBUNE,
that the same is a three days weekly plus Sunday
newspaper of general circulation and printed and
published in the City of Greeley in said county and
state; that the notice or advertisement, of which the
annexed is a true copy, has been published in said
daily newspaper for consecutive (days): that the
notice was published in the regular and entire issue
of every number of said newspaper during the
period and time of publication of said notice, and
in the newspaper proper and not in a supplement
thereof; that the first publication of said notice was
contained in the
Twenty -Sixth day of June A.D. 2019 and the
last publication thereof: in the issue of said
newspaper bearing the date of the
Twenty -Sixth day of June A.D. 2019 has been
published continuously and uninterruptedly during
the period of at least six months next prior to the
first issue thereof contained said notice or
advertisement above referred to; that said
newspaper has been admitted to the United Statas
mails as second-class matter under the provisions
of the Act of March 3,1879, or any amendments
thereof; and that said newspaper is a daily
newspaper duly qualified for publishing legal
notices and advertisements within the meaning of
the laws of the State of Colorado.
June 26, 2019
Total Charges: $10.08
26th day of June 2019
My Commission Expires 08/13/2022
Notary Public
VICKIE G GARRETTS
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20144031754
MY COMMISSION EXPIRES AUGUST 13, 2022
i�✓r ✓y�r✓r€rsi�iririr rte✓.
NOTICE OF
SECOND READING OF ORDINANCE
Pursuant to the Weld County Home Rule Charter, Ordinance Number 2019-05 was introduced on
first reading on May 8, 2019, and a public hearing and second reading was held on May 29, 2019,
with no change being made to the text of said Ordinance. A public hearing and third reading is
scheduled to be held in the Chambers of the Board, located within the Weld County Administration
Building, 1150 O Street, Greeley, Colorado 80631, on June 17, 2019. All persons in any manner
interested in the next reading of said Ordinance are requested to attend and may be heard.
Please contact the Clerk to the Board's Office at phone (970) 400-4225, or fax (970) 336-7233,
prior to the day of the hearing if, as a result of a disability, you require reasonable accommodations
in order to participate in this hearing.
Any backup material, exhibits or information previously submitted to the Board of County
Commissioners concerning this matter may be examined in the office of the Clerk to the Board of
County Commissioners, located within the Weld County Administration Building, 1150 O Street,
Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be
accessed through the Weld County Web Page (www.weldgov.com). E-mail messages sent to an
individual Commissioner may not be included in the case file. To ensure inclusion of your e-
mail correspondence into the case file, please send a copy to egesick@weldgov.com.
ORDINANCE NO. 2019-05
ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH
AMENDMENTS, CHAPTER 8 PUBLIC WORKS, OF THE WELD COUNTY CODE
DATE OF NEXT READING: June 17, 2019, at 9:00 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: May 31, 2019
PUBLISHED: June 5, 2019, in the Greeley Tribune
020/9-/7 96,
Affidavit of Publication
NOTICE
OF SECOND READINIG OF ORDINANCE 1
Pursuant to the Weld County: Home Rule Charter Ordinance
Number 2(19.06 was Introduced on.first reading oh ay M 8 2019;:
and a pubic hearing and second reading was held on May 29,
2019; with no change being made to the text of said; Ordinance.:'
A public hearing and third needing le. scheduled to be held inid the
Chambers of the: Board, located within the Weld County Adndn-
istration Building,1150 Street, Greeley; Colorado 80631 on
June'.17 2Q19 Alf 0 ohs in any manner;interestedin;tile next
reading of said:Or i ce are requested to attend andmay be '
heard. Please contact the Clerk to the Board's Office et phone
(970)400-4225 or fax (970}.336-7233;•prior to the day of the
hearing if, as a result of a d,sabddy,: you require, reasonable ac
commodations in order to; participate in. this hearing:: Any backup
material exhibits.or information previously submitted to the ,
Board 01 County; Commissioners corlgeming this matter tney be
examined in the office of the Clerk to the Board of County Corn-
•missionem, located within the Weld County Administration Build-.:
ing.11500 Street Greeley;_ Colorado between thefioursof
and 5:00 p m Monday thru Friday or may be ac
cessed through: the Weld County Web Page (www wetdgov coin;
Email messages sent loanfirtdrvxlual`Commissioner may not
be included in the 'date file To ensure InOlUelent of your e
( -mail correspondence into the case file, please send a copy
to egesick�weldgov coin
ORDINANCE: NO. 2019-08:;
ORDINANCE TITLE: IN THE MATTER OF REPEALING AND
REENACTIN�yG, WITH AMEHOMENTS; CHAPTER 2 ADMiNIS-
TRATION, OF;7NE WELD.COUNTY CODE
DATE OF NEXT READING: J.une.'17 2019, at 9;00 am..,
BOARD OF COUNTY COMMISSIONERS!
WELD COUNTY,; COLORADO
DATED: May 31 2019,
The Tribune June 52019 , •
STATE OF COLORADO
County of Weld,
I Jennifer Usher
ss.
of said County of Weld, being duly sworn, say
that I am an advertising clerk of
THE GREELEY TRIBUNE,
that the same is a three days weekly plus Sunday
newspaper of general circulation and printed and
published in the City of Greeley in said county and
state; that the notice or advertisement, of which the
annexed is a true copy, has been published in said
daily newspaper for consecutive (days): that the
notice was published in the regular and entire issue
of every number of said newspaper during the
period and time of publication of said notice, and
in the newspaper proper and not in a supplement
thereof; that the first publication of said notice was
contained in the
Fifth day of June A.D. 2019 and the last
publication thereof: in the issue of said newspaper
bearing the date of the
Fifth day of June A.D. 2019 has been published
continuously and uninterruptedly during the period
of at least six months next prior to the first issue
thereof contained said notice or advertisement
above referred to; that said newspaper has been
admitted to the United States mails as second-class
matter under the provisions of the Act of' March
3,1879, or any amendments thereof; and that said
newspaper is a daily newspaper duly qualified for
publishing legal notices and advertisements within
the meaning of the laws of the State of Colorado.
June 5, 2019
Total Charges: $11.88
5th day of June 2019
aza
My Commission Expires 08/13/2022
Notary Public
VICKIE G GARRETTS
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20144031754
MY COMMISSION EXPIRESAUGUST 13, 2022
NOTICE OF
FIRST READING OF ORDINANCE
Pursuant to the Weld County Home Rule Charter, Ordinance Number 2019-06 published below,
was introduced and, on motion duly made and seconded, approved upon first reading on
May 8, 2019. A public hearing and second reading is scheduled to be held in the Chambers of
the Board, located within the Weld County Administration Building, 1150 O Street, Greeley,
Colorado 80631, on May 29, 2019. All persons in any manner interested in the reading of said
Ordinance are requested to attend and may be heard.
Please contact the Clerk to the Board's office at phone (970) 400-4225, or fax (970) 336-7233,
prior to the day of the hearing if, as the result of a disability, you require reasonable
accommodations in order to participate in this hearing.
Any backup material, exhibits or information previously submitted to the Board of County
Commissioners concerning this matter may be examined in the office of the Clerk to the Board of
County Commissioners, located within the Weld County Administration Building, 1150 O Street,
Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be
accessed through the Weld County Web Page (www.weldgov.com). E-mail messages sent to an
individual Commissioner may not be included in the case file. To ensure inclusion of your e-
mail correspondence into the case file, please send a copy to egesick@weldgov.com.
ORDINANCE NO. 2019-06
ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH
AMENDMENTS, CHAPTER 2 ADMINISTRATION, OF THE WELD COUNTY CODE
DATE OF NEXT READING: May 29, 2019, at 9:00 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: May 10, 2019
PUBLISHED: May 15, 2019, in the Greeley Tribune
WELD COUNTY
CODE ORDINANCE 2019-06
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,
2019-1796
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
ARTICLE VIII - Disposition of Recovered Property
Amend Sec. 2-8-10. Scope.
This Article shall apply to all personal property and vehicles acquired or held by County staff
during the normal course of their duties, 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 is enacted under the authority of
C.R.S. §30-11-101(1)(i), and supersedes the requirements of C.R.S. §38-13-101 et seq., and
C.R.S. §42-13-101 et seq. 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, C.R.S. §16-13-301 et seq.; (2) Colorado Contraband
Forfeiture Act, C.R.S. §16-13-501 et seq.; (3) C.R.S. §12-55.5-110 et seq.; or (4) the civil actions
portion of the Colorado Organized Crime Control Act, C.R.S. §18-17-101 et seq.
Amend Sec. 2-8-20. Definitions.
The definitions of this Section shall govern the provisions contained in this Article, unless the
context otherwise requires:
Abandoned vehicle means an abandoned motor vehicle as defined by C.R.S. §42-4-1802, or
a non -motor vehicle which has been left unattended on public property, including any portion of a
road right-of-way, for a period of forty-eight (48) hours or longer.
Intangible personal property means, without limitation, moneys, checks, drafts, deposits,
interest, dividends, income, credit balances, overpayments, overbids, gift certificates, refunds,
unpaid wages, and refunds.
Motor vehicle means any vehicle which is subject to the Public Tow Law, C.R.S. §42-4-1801
et. seq.
Non -motor vehicle means a device that is capable of moving itself, or of being moved, from
place to place upon wheels or tracks, which is not otherwise a motor vehicle as defined by
C.R.S. §42-1-102, including, but not limited to, boats, trailers, snowmobiles, tractors, low power
scooters, and off -highway vehicles, but does not include bicycles, wheelchairs, or similar items.
Tangible personal property means property which can be seen and touched, and includes,
but is not limited to:
a. thru g. — No change.
h. Abandoned vehicles.
Remainder of Section — No change.
Amend Sec. 2-8-30. Authority to take and hold property.
A. The Sheriff shall have authority to take possession of any tangible personal property which is
confiscated by the Sheriff or any of 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
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 County
employee comes into possession of tangible personal property which said employee
reasonably believes to be unclaimed and/or abandoned, lost or stolen property, or tangible
personal 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 tangible personal property.
B. The Treasurer shall have the authority to take possession of any intangible personal property
received by any office or department of the County, except for the Accounting Department,
including, but not limited to, overpayments of taxes and fees. The Treasurer shall exercise
due diligence to determine the owner of the intangible personal property, and if known, shall
attempt to contact such owner. When the owner of the intangible personal property also owes
property tax for property located in Weld County, the Treasurer may apply the value of the
intangible personal property to the owner's property tax bill.
C. The Controller shall have the authority to take possession of any intangible personal property
received by the Accounting Department, including but not limited to unpaid wages, and
uncashed checks or County warrants. The Controller shall exercise due diligence to determine
the owner of the intangible personal property, and if known, shall attempt to contact such
owner. When the owner of the intangible personal property also owes property tax for property
located in Weld County, the Controller may coordinate with the Treasurer to apply the value
of the intangible personal property to the owner's property tax bill.
Amend Sec. 2-8-40. Appointment of custodian.
The Sheriff shall designate an employee to act as custodian of all lost, confiscated, abandoned
and/or stolen tangible personal property coming into the possession of the Sheriff's Office. The
Treasurer and Controller shall each designate an employee to act as custodian of all abandoned
intangible personal property.
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 County. The record shall include the following information: the date and
place of the finding, recovery or delivery of the property, any serial or vehicle identification 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 the 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.
Amend Sec. 2-8-60. Disposition of tangible personal property other than vehicles.
A. Procedure for disposition of tangible personal property, except vehicles, where the owner's
identification is determinable or known.
A.1. thru B. — No change.
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 thirty (30) 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.
Remainder of Section — No change.
Add Sec. 2-8-65. Disposition of abandoned vehicles.
A. Disposition of abandoned motor vehicles. The Sheriff may dispose of abandoned motor
vehicles as provided in the Public Tow Law, C.R.S.§42-4-1801 et. seq.
B. Disposition of abandoned non -motor vehicles. Whenever the Sheriff finds an abandoned
non -motor vehicle, he or she shall cause it to be removed and placed in storage in an impound
lot designated or maintained by the Sheriff's Office.
1. The Sheriff shall provide the impound lot operator with all information described in Section
2-8-50, if known at the time of impounding the vehicle.
2. The Sheriff shall ascertain, if possible, whether the vehicle has been reported stolen, and
if so, shall cause the vehicle to be returned to the rightful owner. The Sheriff may condition
the return of the vehicle on the payment of the Sheriff's reasonable costs and fees for
recovering and securing the vehicle, including the payment of impound fees.
3. The Sheriff shall determine, if possible, the owner of the vehicle, and shall attempt to
contact him or her. Upon contact, the Sheriff shall provide the owner with the information
described in Section 2-8-50, if known, and the name, location, and contact information for
the representative of the impound lot where the vehicle has been stored. The Sheriff shall
further advise the owner, in writing of, his or her right to request a hearing concerning the
legality of the towing of the abandoned vehicle.
4. If the Sheriff is unable to determine the ownership of the vehicle, or if the owner has not
responded to notice or otherwise failed to pay the Sheriff's Office for its reasonable fees
related to recovering and securing the vehicle, the Sheriff may sell and otherwise issue a
bill of sale to the buyer of the vehicle. If sale is made to the impound lot where the vehicle
is stored and storage fees are owed, no public auction is required.
Amend Sec. 2-8-70. Approval of Board of County Commissioners.
The owner or person entitled to possession of the tangible personal 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 tangible
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
tangible personal property.
Amend Sec. 2-8-90. Disposition of Intangible Personal Property.
Whenever the Treasurer or Controller takes possession of abandoned intangible personal
property, he or she shall make diligent effort to locate the rightful owner of such property, and if
known, shall make diligent effort to contact such owner, and shall transfer possession of the
owner's property to the owner. The Treasurer may apply the intangible personal property to the
owner's property tax bill, as described in Section 2-8-30.
BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be, and hereby is,
directed to arrange for Municode to supplement the Weld County Code with the amendments
contained herein, to coincide with chapters, articles, divisions, sections, and subsections 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 subsections
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.
NOTICE OF FIRST READING
OF"ORDINANCE
Pursuant to the Weld. County Home Rule Charter, Ordinance Number
2019-06 published below, was Introduced and, On motion duly made
and seconded, approved upon first reading on May 8, 2019. A public
hearing.and second reading is scheduled to be held in the Chambers
of the Board, located within the Weld County Administration Building,
1150 O Street, Greeley, Colorado. 80631, on. May 29, 2019. All persons
in any manner interested In the reading of said Ordinance are requested
to attend and may be heard. Please contact the Clerk to the Board's
office at phone (970)' 400-4225, or fax (970) 336-7233, pnor•to the day
of the hearing if, as the result of a disability, you require reasonable
accommodations in order to participate in this hearing. Any backup .
material, exhibits or information previously submitted to the Board of.
County Commissioners concerningthis matter may be examined in
the office of the Clerk to the Board of County Commissioners, located
within the Weld County Administration Building, 1150 0 Street, Greeley,
Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru
Friday, or may be accessed through -the Weld County Web Page (www.
weidgov.com). E-mail messages sent to an Individual Commissioner
may not be included in the case file. To ensure inclusion of your a -mall
correspondence into the case file, please send a copy. to egesick@
weldgov.com.
ORDINANCE NO. 2019-06
ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACT-
ING, WITH AMENDMENTS, CHAPTER 2 ADMINISTRATION, OF THE
WELD COUNTY CODE
DATE OF NEXT READING: • May 29, 2019, at 9:00 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: May 10,2019
- WELD COUNTY
CODE ORDINANCE 2019-06 -
IN THE MATTER OF REPEALING AND -REENACTING, WITHAMEND-
MENTS, 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,
2050, adopted Weld County Code Ordinance 2000-1, epracting a
comprehensive. Code for the County of Weld, inpludingthe codification
of all previously adopted ordinances of a general t•r,id 'permanent nature
-enacted on or before said date of adoption, end
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.
CHAPTER2
ADMINISTRATION
ARTICLE VIII - Disposition of Recovered Property'
Amend Sec. 2-8-10. Scope.
This Article shall apply to all personal property and'rev'i,Crs acquired or
held by County staff during the normal course of their duties, -and xndws
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 is enacted under the authority
of C.R.S. §30.11-101(1)(1), and supersedes the requirements of C.R.S..
§38-13-101 et seq., and C.R.S. §42-13-101 et seq. This Article shall
not.apply td 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, C.R.S. §16-13-301 et seq.;
(2) Colorado Contraband Forfeiture Act, C.R.S. §16-13-501 et seq.; (3)
C.R.S. §12.55.5=110 et seq.; or (4) the civil actions portion of the Colora-
do.Organized Crime Control Act, C.R.S. §18-17-101 et seq.
Amend Sec. 2-8-20. Definitions.
The definitions of this Section shall govern the -provisions -contained in
this Article, unless the context otherwise requires:
Abandoned vehiclemeans an abandoned motor vehicle as defined by
C.R.S. §42-4-1802, ora non -motor vehicle which has been left unat
tended on public property, including any portion of a road right-of-way, '
for -a period -of forty-eight (48) hours or longer. •
Intangible personal property means, without limitation, moneys, checks,
drafts, deposits, interest, dividends, Income,•credit balances, overpay •
-
ments, overbids, gift certificates, refunds, unpaid wages, and refunds.
Motor vehicle means any vehicle which is subject to the Public Tow Law,
C.R.S. §42-4-1801 et. seq:
Non -motor vehicle means a' device that Is capable of moving itself, or, of
being moved; from place to place upon wheels or tracks, which Is not -
otherwise a motor vehicle as defined -by C.R.S. §42-I-102, including, but
not limited to, boats, trailers, snowmobiles, tractors, low power scooters,
and off -highway vehicles, but does not include bicycles, wheelchairs,
or similar Items. •
Tangible personal property means property'whichcan be seen and
touched, and Includes, bat is not limited to:
a. thru g. - No change. -
h. Abandoned.vehicies.. - _
Remainder of Section-- Na change. • � -
Aniend-Sec. 2-8-30. Authority to take and hold property.
A. The Sheriff shall have authority to take possession -of any tangible
personal property which is confiscated by the Sheriff or any of 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 lo
have been abandoned, lost, stolen or otherwise illegally possessed. The
Sheriff shall not be required to accept any lost, confiscated, stolen or
abandoned property not fisted in Section 2-8-20 above, such as food, '
clothing, books, furniture or household items, etc. Whenever any County
employee comes into possession of tangible. personal property which
said. employee reasonably believes to be unclaimed and/or abandoned,
lost or stolen property, or tangible personal 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 tangible' personal
property. .
B. The Treasurer shall have the authority to take possession of any
ritangible personal property received by any office or department of the
County, except for the Accounting Department, including, but not limited
to, -overpayments of taxes and fees. The Treasurer shall exercise due
diligence to determine the owner of the Intangible personal. property, and
f known, shall attempt to contact such owner. When the owner of the
intangible personal property also owes property tax for property located
n Weld County,'the Treasurer may apply the value of theintangible
personal property to the owner's property tax bill. '
C. The Controller shall have the authority to'take possession of any
ntangible personal property received by the Accounting Department, in-
cluding but not limited to unpaid wages, and uncashed checks or Coun-
ty warrants. The Controller, shall exercise due diligence to determinethe
owner of the intangible personal property, -and If known, shall attempt to
contact such owner. When the•owner of the intangible personal, property
also owes property tax for property located In Weld County, the Control-
er may coordinate with the.Treasurer to apply the value of the intangible
Personal property to the owner's property tax bill. -
Amend Sea. 2.8-40. Appointment of custodian. -
the Sheriff shell.designate an employee to act as custodian of all lost,
:onflscated, abandoned and/or stolen tangible personal property
Pouring into the possession of the Sheriff's Office. The Treasurer and
Controller shall each designate an employee to act as custodian of all
abandoned intangible personal property.
Affidavit of Publication
STATE OF COLORADO
County of Weld,
I Vickie Garretts
SS,
of said County of Weld, being duly sworn, say
that I am an advertising clerk of
THE GREELEY TRIBUNE,
that the same is a three days weekly plus Sunday
newspaper of general circulation and printed and
published in the City of Greeley, in said county and
state; that the notice or advertisement, of which the
annexed is a true copy, has been published in said
daily newspaper for consecutive (days): that the
notice was published in the regular and entire issue
of every number of said newspaper during the
period and time of publication of said notice, and
in the newspaper proper and not in a supplement
thereof; that the first publication of said notice was
Fifteenth day of May A.D. 2019 and the last
publication thereof: in the issue of said newspaper
bearing the date of the
Fifteenth day of May A.D. 2019 that said The
Greeley Tribune has been published continuously
and uninterruptedly during the period of at least six
months next prior to the first issue thereof
contained said notice or advertisement above
referred to; that said newspaper has been admitted
to the United States mails as second-class matter
under the provisions of the Act of March 3,1879, or
any amendments thereof; and that said newspaper
is a daily newspaper duly qualified for publishing
legal notices and advertisements within the
meaning of the laws of the State of Colorado.
May 15, 2019
Total Charges: $64.18
15th day of May2019
My Commission Expires 02/19/2023
A-114107
Public
JERILYN L MARTINEZ
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20074006708
MY COMMISSION EXPIRES FEBRUARY 19, 2023
l
Amend Sec. 2-0-bU, Custodian's rasponsioames.
It shall be the responsibility of the custodian to keep a record of all
property which comes into the possession of the County. The record
"shall Include the following information: the date, andplace of the finding,
recovery or delivery of the property, any serial or vehicle, identification
number, a description of the, property, the name arid address of -all
claimants, theMethod of disposition of all property (whether by sale,
destruction,, return to owner or other disposition) and written receipts for
the 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.
Amend Sec. 2-8-60. Disposition of tangible personal property other
than vehicles. -
A. Procedure for disposition of tangible personal property,' except vehi-
cles, where the owner's identification is determinable or known. •
A.1; thru B. — No change.
C. Disposition of 'property where identity of owner is unknown.
1. If the identity or location, of the owner or pperson entitled to possession
of the property has not been ascertained within thirty (30) days, or six (6)
months in the case of property believed to be stolenor 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.
Remainder of Section - No change.
Add Sec. 2-8-65. Disposition of abandoned vehicles. A. Disposition -of abandoned motor vehicles. The Sheriff may dispose
of abandoned motor" vehicles as provided in the Public Tow Law,
C.R.S.§42-4-1801 et. seq. .
B. Disposition of abandoned non -motor vehicles. Whenever the Sheriff
finds an abandoned non motor vehicle, he or she shall cause it to be
removed and placed in storage In an impound lot'designated or main-
tained by the Sheriff's Office.
1. The Sheriff shall provide the Impound lot operator with allrinformation
described in Section 2-8-50, If known at. the time of impounding the
vehicle. '
2. The Sheriff shall ascertain, if possible, whether the vehicle -has been '
reported stolen, and if so, shall. cause thevehlcle to be returned to the
rightful owner. The Sheriff may condition the return of the vehicle on the
payment of theSheriff's reasonable costs and fees for recovering and
securing the vehicle, including'tfie.payment of impound fees.
3. The Sheriff shall determine, if possible, the -owner of the vehicle,
and shall attempt to contact him or her. Upon Contact, the Sheriff shall
provide the owner with the'informatlon described in Section 2-8-50,
if known,and the name, location, and contact information for the r• epresentative of the impound lot where the vehicle has been stored.
The Sheriff -shall further advise the owner, in writing of, his or her right to
request a hearing concerning the legality of the towing of the abandoned
vehicle.'
4. If the Sheriff is unable to determine the ownership of the vehicle, or
' if th'e owner has not responded to notice or otherwise failed to pay the
Sheriff's Office forjts reasonable fees related tO recovering and securing
the' vehicle, the Sheriff'may sell and otherwise issue a bill of sale to the
buyer of the vehicle. If sale is made to the impound lot where the vehicle
is stored and storage fees are owed; no public auction is required.
Amend Sec. 2-8-70. Approval of Board of County Commissioners.
The owner or person entitled to possessionof the tangible personal
property may claim and recover possession of the property at any time
before,a sale at public auction upon providing reasonable and satisfacto
ry 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 tangible personal property .
can be utilized by said department, the Sheriff or other department head
shall apply td the Board of County Commissioners for approval to retain
and to use.said items of tangible personal property.
Amend Sec. 2-8-90. Disposition of Intangible Personal Property •
.
Whenever the Treasurer or Controller takes possession of abandoned
intangible .personal property, he or she shall make diligent effort to locate
the rightful owner of such property, and if known, shall make diligent ef-
fort to contact such owner, and shall transfer possession of the owner's
property to the owner. The Treasurer may apply the intangible personal
property to the owner's property tax bill, as described in Section 2-8-30.
BE IT FURTHER ORDAINED by the Board that the Clerk to. the Board
be, and hereby is, directed to arrange for Municode to supplement the
Weld County Code with the amendments contained herein, tp coincide
with chapters, articles, divisions, sections, and subsections 'as they
currently exist within said 'Code; and to resolve any inconsistencies
regarding capitalization, grammar, and numbering or placement of chap-
ters, articles, divisions, sections, and subsections in said Code.
BE IT FURTHER ORDAINED by the Beard, 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 Tnloune
May 15, 2019 - - `
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