HomeMy WebLinkAbout20192255.tiffWELD 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,
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are, repealed and re-enacted, with amendments, and the various Chapters are revised to read as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.
PAGE 1
4498618 Pages: 1 of 5
06/19/2019 10:20 AM R Fee:$0.00
Carly Koppes. Clerk and Recorder: Weld County, CO
11111 III
2019-2255
GG CTL3C,Ga(43(3/.gG)ORD2019-06
F=COwl3'o), go(SR)
OLC'rC 6C/CCD)
QC I aMfl9
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.
PAGE 2
4498618 Pages: 2 of 5
06/19/2019 10:20 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
1,4111 III
2019-2255
ORD2019-06
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 Sheriffs 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
PAGE 3
4498618 Pages: 3 of 5
06/19/2019 10:20 AM R Fee:$0.00
Carly Koppes. Clerk and Recorder: Weld County; Co
lilt RI'USAir �'r�l h III II I
2019-2255
ORD2019-06
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.
PAGE 4
4498618 Pages: 4 of 5
06/19/2019 10:20 AM R Fee:$0.00
Carly Koppes. Clerk and Recorder. Weld County. CO
2019-2255
ORD2019-06
VIII MIrdlti:MO:14iM11if+I''I lJEJ IVII,I rlJ.l'illy 1 II III
The above and foregoing Ordinance Number 2019-06 was, on motion duly made and
seconded, adopted by the following vote on the 17th day of June, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
W�,LD COUNTY, CO RADO
ATTEST: ddtifm.) `; JC/atD;ok
Weld County Clerk to the Board
BY:0Y a•
Re,,,,,ted
Deputy Clerk to the Board
APP OV • i AS JO
rbara Kirkmeyer, Chair
�rl o e
Mike Freeman, Pro-Tem
EXCU D
ean Conw
K. James
ounty Attorney �(t"`1t �`�►�f CUSED
Date of signature: OCD/1.8q19
First Reading:
Publication:
teve Moreno
May 8, 2019
May 15, 2019, in the Greeley Tribune
Second Reading: May 29, 2019
Publication: June 5, 2019, in the Greeley Tribune
Final Reading: June 17, 2019
Publication: June 26, 2019, in the Greeley Tribune
Effective: July 1, 2019
PAGE 5
4498618 Pages: 5 of 5
06/19/2019 10:20 PM R Fee:$0.00
Carly Koppes. Clerk and Recorder, Weld County, CO
VIII RIFar elEN K.lI9'i 1.4 "kJ, Ill III
2019-2255
ORD2019-06
Hello