HomeMy WebLinkAbout20191797.tiffTO: Board of County Commissioners
FROM: Bob Choate, Assistant County Attorney
DATE: March 18, 2019
SUBJECT: Update to County Code: Disposition of Recovered Property
The Sheriff's Office brought to our attention a change to the Vehicle Bill of Sale form issued by the Colorado Department
of Revenue related to VIN verifications. The Sheriff uses the form Bill of Sale to convey towed/abandoned vehicles to the
tow yard after thirty days of impoundment / nonpayment of impoundment fees. The Sheriff has authority to issue these Bills
of Sale pursuant to the Public Tow Law, C.R.S. §42-4-1801 et. seq., however this authority is limited to the sale of "motor
vehicles", which as defined does not include boats, off -highway vehicles (like ATVs), etc. Therefore, the County Attorney's
Office is recommending that Chapter 2, Article VIII (Disposition of Recovered Property), be updated to authorize the Sheriff
to sell these vehicles in the same manner as other "motor vehicles", The proposed changes (attached) also allow the Sheriff
to sell or dispose of other items in the same manner as before.
The proposed changes also outline the County's local unclaimed property ordinance, which is authorized by the Unclaimed
Property Act, C.R.S. §38-13-101 et. seq. This Act requires the County to pass an ordinance in order to opt out of the Act's
requirements (which relate to the transfer of unclaimed funds to the State Treasurer's Office). The changes relate to
"intangible" property (aka unclaimed funds), and how the County accounts for them. Generally, the Accounting Department
will account for any unclaimed funds from non -cashed County warrants, and the Treasurer accounts for funds from all other
County departments and offices.
The attached redlined code update has been created with input from the County Attorney's Office, the Sheriffs Office, the
Controller, the Treasurer, and the Director of Finance and Administration.
2019-1797
ARTICLE VIII - Disposition of Recovered Property
Sec. 2-8-10. - Scope.
This Article shall apply to all personal property and vehicles acquired or held by t-riffCounty
staff during the normal course of his or he-rtheir 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 is enacted under the
authority of Section 30-11-101(1)(1), and supersedes 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, Section 16-13-301 et seq., C.R.S.; (2) Colorado Contraband Forfeiture Act, Section
16-13-501 et seq., C.R.S.; (3) Section 12-55.5-110 et seq., C.R.S.; or (4) the civil actions portion of the
Colorado Organized Crime Control Act, Section 18-17-101 et seq., C.R.S.
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.
Last known address means a description of the location of the apparent owner sufficient for the
purpose of the delivery of mail.
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.
Owner or presumed owner means a person having a legal or equitable interest in property
subject to this Article or his or her legal representative.
Person means an individual, business association, state or other government, governmental
subdivision or agency, public corporation, public authority, trust, estate, two (2) or more persons
having a joint or common interest or any other legal or commercial entity.
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.
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d. Precious metals or stones and jewelry.
e. Coins or money with a special numismatic value.
f. Contraband.
g. Other items of special value or nature as the Sheriff's Office may determine, from other
departments or agencies of the County.
h. Abandoned vehicles.
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. Property shall be considered to be unclaimed and/or abandoned whenever an owner of
property fails to claim property or whenever the identity of the owner cannot be determined by
exercise of reasonable inquiry and effort.
Sec. 2-8-30. - Authority a Shei~ff-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.
BC.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.
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Sec. 2-8-40. - Appointment of custodian.
The Sheriff shall designate an employee deputy -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.
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 Sheriffs OfficeCounty. 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.
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.
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 known address
of the presumed owner, which shall include the following information:
a. Address and telephone number of the Sheriff's custodian.
b. Location of storage of the property.
c. Detailed description of the property.
d. Reason for which the 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.
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
authorizes 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
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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 _ {9.0) -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.
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 Sheriffs Office until such time that it is no longer needed and then disposed of,
as set forth in Paragraphs 3. through 10. below. The Sheriff shall seek the approval of the Board
of County Commissioners as set forth in Section 2-8-70 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 (1) 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 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 Unclaimed firearms which the Sheriff finds cannot be utilized in the performance of the duties of
the Sheriffs Office shall be either abandoned to the United States Bureau of Alcohol, Tobacco
and Firearms or 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 or her office. If the Sheriff wishes to
convert any such property to use by his or 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 or her best judgment, either destroy the property
or 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 (3) 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.
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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 sot_
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 towning 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.
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.
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 Sheriff's 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.
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.
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