Chapter 12 JUNKED, WRECKED AND ABANDONED PROPERTY*
*Cross reference(s)--Buildings and building regulations, Ch. 6; fire prevention and protection, Ch. 8; garbage and refuse, Ch. 10; junk and appliances outside any building or dwelling prohibited, § 10-18; health and sanitation, Ch. 11; litter, § 11-51 et seq.; license and business regulations, Ch. 13; licenses for junk shops, pawnbrokers, and secondhand goods stores, § 13-121 et seq.; parks and recreation, Ch. 18; streets, sidewalks and other public places, Ch. 21; vegetation, Ch. 26; zoning, Ch. 27.
State law reference(s)--Abandonment of motor vehicle, C.R.S. §§ 18-4-512, 18-13-106, 42-4-1102 et seq.; abandonment of iceboxes, refrigerators, closets and similar items, C.R.S. § 18-13-106.
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Art. I. In General, §§ 12-1--12-15
Art. II. Property Held By Police, §§ 12-16--12-40
Art. III. Vehicles, §§ 12-41--12-49
Art. IV. Unclaimed Property, §§ 12-50--12-53
ARTICLE I. IN GENERAL
Sec. 12-1. Refrigerators, other containers.
It shall be unlawful for any person to leave or permit to remain outside of any dwelling, building or other structure, or within any unoccupied or abandoned building, dwelling or other structure under his control, in a place accessible to children, any abandoned, unattended or discarded icebox, refrigerator or other container which has a door or lid, snaplock or other locking device which may not be released from the inside, without first removing the door or lid, snaplock or other locking device or by first fastening, bolting or locking the same in such a manner that it is impossible to open the same by the use of the hands.
(Code 1962, § 6-4-1)
State law reference(s)--Abandoned containers, C.R.S. § 8-13-106.
Sec. 12-2. Wells, other excavations.
It shall be unlawful for any person to allow abandoned or unused wells or cesspools or other excavations to exist upon any premises owned or controlled by him. Such excavations shall be filled or plugged to prevent injury to human beings or animals. All such excavations which are not in use shall be protected to prevent persons or animals from falling therein.
(Code 1962, § 6-4-2)
Cross reference(s)--Utilities, Ch. 25.
Secs. 12-3--12-15. Reserved.
ARTICLE II. PROPERTY HELD
BY POLICE
Sec. 12-16. Custodian designated.
The chief of police shall be the custodian of all property seized or taken by the police.
(Code 1962, § 6-8-1)
Cross reference(s)--Police, Ch. 19; chief of police, § 19-16.
Sec. 12-17. Records required.
It shall be the duty of the custodian of property seized and held by the police department to keep a record of all such property.
(Code 1962, § 6-8-2)
Sec. 12-18. Safekeeping property, place designated.
It shall be the duty of the city manager to provide the custodian of property seized and held by the police department with a suitable place for the safekeeping of lost, stolen or confiscated property. The property shall be under the control of the custodian.
(Code 1962, § 6-8-4)
Sec. 12-19. Claims; ownership inquiry; delivery; receipt.
In case any lost or stolen property shall come into the custody of the custodian of property seized and held by the police department, and the same shall be claimed by any person, it shall be the duty of the custodian to make inquiry and examination as to the ownership of such property as he may deem necessary. If the custodian shall be satisfied that such property belongs to the person claiming the same, he is hereby authorized to deliver the property to such owner when the owner gives him a proper receipt therefor.
(Code 1962, § 6-8-5)
Sec. 12-20. Reserved.
Sec. 12-21. Public notice of unclaimed property.
The custodian of property seized and held by the police department, shall prepare a notice to be published in a daily newspaper published in the city for three (3) consecutive insertions, to the public. The notice shall contain a statement of the following matters:
(1) A list of all such property which is then in the hands of the custodian and which shall have remained unclaimed in the hands of the custodian for a period of ninety (90) days prior to the filing of the report;
(2) Notification to all persons who have any claim of ownership or title to any of the property mentioned in such notice to present their claim to the custodian prior to a time which shall be fixed in the notice for the sale of such property mentioned in the notice and shall remain unclaimed at the time fixed for sale; and
(3) Statement of a time and place where all such unclaimed property shall be sold by the custodian and the time fixed in the notice for such sale not to exceed five (5) days from the last publication of such notice.
The custodian may at any other time in his discretion give a like notice for the sale of property which has been in his custody for at least ninety (90) days.
(Code 1962, § 6-8-7)
Sec. 12-22. Sale of unclaimed property--Authority to hold public auction.
If property seized and held by the police department is not claimed by the rightful owner thereof and possession surrendered to such owner, the property shall be sold at public auction as provided in this article.
(Code 1962, § 6-8-3)
Sec. 12-23. Same--Procedure.
(a) At the time and place mentioned in the notice for the sale of the property unclaimed as described in section 12-21, it shall be the duty of the custodian of property seized and held by the police department or other designee, to sell all of such unclaimed property at public auction for the highest and best price the same will bring in cash, and to receive from the purchaser of each and every article the amount paid by such purchaser for the same, and to deliver the article purchased to the purchaser.
(b) When such sale is completed it shall be the duty of the custodian to make a report to the finance director, giving to him in detail a description of the articles sold by him and the amount of money received for each article, and at the time to turn over to the finance director all of the money which has come into his hands as the proceeds of such sale.
(c) Should there be no purchaser, the same shall be disposed of by the Durango police department. The city shall reserve the right to destroy guns.
(Code 1962, § 6-8-8)
Sec. 12-24. Property held as evidence>
In any situation where confiscated property is used or held for use as evidence in any action before a court of competent jurisdiction, the property shall be retained by the court until final disposition of the case.
(Code 1962, § 6-8-9)
Sec. 12-25. Exception.
Nothing in this article shall be construed as amending any existing laws concerning the impounding of livestock, poultry, dogs and other animals.
(Code 1962, § 6-8-10)
Secs. 12-26--12-40. Reserved.
ARTICLE III. VEHICLES*
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*Cross reference(s)--Traffic and vehicles, Ch. 24.
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Sec. 12-41. Definitions.
The following definitions shall apply in the interpretation and enforcement of this article:
Antique vehicle means any vehicle which is a 1929 model year or older and is licensed as an antique vehicle by the state.
Property means any real property within the city which is not a street or highway.
Vehicle means a machinery propelled by power other than human power designed to travel along the ground by use of wheels, treads, runners or slides and used to transport persons or property or to pull machinery, and shall include, without limitation, automobile, airplane, truck, trailer, motorcycle, motor scooter, tractor, buggy and wagon. The term shall not include antique vehicles as defined in this section.
(Code 1962, § 6-4-3)
Cross reference(s)--Definitions and rules of construction generally, § 1-2.
Sec. 12-42. Prohibitions.
(a) No person shall abandon any vehicle within the city and no person shall leave any vehicle at any place within the city for such time and under such circumstances as to cause such vehicle reasonably to appear to have been abandoned.
(b) No person shall leave any partially dismantled, wrecked, discarded or junked vehicle on any street or highway within the city.
(c) It shall be unlawful for any person who is the owner of any vehicle or any person who is in charge or control of any property within the city, whether as owner, tenant, occupant, lessee or otherwise, to permit or allow any partially wrecked, junked or discarded vehicle to remain on such property longer than thirty (30) days provided that this section shall not apply with regard to a vehicle in an enclosed building; a vehicle on the premises of a business enterprise operated in a lawful place and manner, when necessary to the operation of such business enterprise; or a vehicle in an appropriate storage place or depository maintained for impounded vehicles by the city.
(Code 1962, § 6-4-3(B))
Sec. 12-43. Investigation and notice of violation.
(a) The chief of police or any member of the police department is hereby authorized to investigate any vehicle left at any place within the city which reasonably appears to be in violation of this article or to be lost, stolen or unclaimed. If, after an investigation, there is probable cause for believing a violation of this article exists, the person making the investigation shall send a notice of such violation by registered or certified mail to the owner or occupant of the premises on which such vehicle is located advising such person of the violation and ordering its removal within fifteen (15) days from the date of the notice. No summons and complaint shall be issued for any violation of this article which occurs on private property until the expiration of the fifteen (15) days from the date of the notice.
(b) The chief of police or any member of the police department is hereby authorized to go on private property for the purpose of making an investigation for any violation of this article for the purpose of determining ownership and condition of any vehicle reasonably appearing to be in violation of any of the provisions of this article.
(Code 1962, § 6-4-3(C))
Secs. 12-44--12-49. Reserved.
ARTICLE IV. UNCLAIMED PROPERTY
Sec. 12-50. Purpose.
The purpose of this article is to provide for the administration and disposition of unclaimed property which is in the possession of or under the control of the municipality.
(Ord. No. 1992-14, § 1, 6-15-92)
Sec. 12-51. Definitions.
Unless otherwise required by context or use, words and terms within this article shall be defined as follows:
Director shall mean the director of finance or designee thereof.
Municipality means the City of Durango, Colorado.
Owner means a person or entity, including a corporation, partnership, association, governmental entity other than the City of Durango, or a duly authorized legal representative or successor in interest of the same, which owns unclaimed property held by the municipality.
Unclaimed property means any tangible or intangible property, including the income or increment derived therefrom, less any lawful charges, that is held by or under control of the municipality and which has not been claimed by its owner for a period of more than five (5) years after it became payable or distributable. The term shall not include vehicles which are junked, wrecked or abandoned and regulated by article III of this chapter 12, nor shall the term include tangible personal property seized or taken by the police which is regulated by article II of this chapter 12.
(Ord. No. 1992-14, § 1, 6-15-92)
Sec. 12-52. Procedure for disposition of property.
(a) Prior to disposition of any unclaimed property having an estimated value of one hundred dollars ($100.00) or more, the director shall send a written notice by certified mail, return receipt requested, to the last known address, if any, of any owner of unclaimed property. The last known address of the owner shall be the last address of the owner as shown by the records of the municipal department or agency holding the property. The notice shall include a description of the property, the amount or estimated value of the property, and, when available, the purpose for which the property was deposited or otherwise held. The notice shall state where the owner may make inquiry of or claim the property. The notice shall also state that if the owner fails to provide the director with a written claim for the return of the property within sixty (60) days of the date of the notice, the property shall become the sole property of the municipality and any claim of the owner to such property shall be deemed forfeited.
(b) Prior to disposition of any unclaimed property having an estimated value of less than one hundred dollars ($100.00) or prior to the disposition of property having any value with respect to which the last known address of the owner or reputed owner is unknown, the director shall cause a notice to be published in a newspaper of general circulation in the municipality. The notice shall include a description of the property, the name of the owner or reputed owner of the property, the amount or estimated value of the property and, when available, the purpose for which the property was deposited or otherwise held. The notice shall state where the owner may make inquiry of or claim the property. The notice shall also state that if the owner fails to provide the director with a written claim for the return of the property within sixty (60) days of the date of the publication of the notice, the property shall become the sole property of the municipality and any claim of the owner to such property shall be deemed forfeited.
(c) If the director receives no written claim within the above sixty-day claim period, the property shall become the sole property of the municipality and any claim of the owner to such property shall be deemed forfeited.
(d) If the director receives a written claim within the sixty-day claim period, the director shall evaluate the claim and give written notice to the claimant within ninety (90) days thereof that the claim has been accepted or denied in whole or in part. The director may investigate the validity of a claim and may request further supporting documentation from the claimant prior to disbursing or refusing to disburse the property.
(e) In the event that there is more than one (1) claimant for the same property, the director may, in the director's sole discretion, resolve such claims, or may resolve such claims through depositing the disputed property with the Registry of the District Court in and for La Plata County, Colorado, in an interpleader action pursuant to C.R.C.P. 22.
(f) In the event that all claims filed are denied, the property shall become the sole property of the municipality and any claim of the owner of such property shall be deemed forfeited.
(g) Any legal action filed challenging the decision of the director shall be filed pursuant to Rule 106, C.R.C.P. within thirty (30) days of such decision or shall be forever barred. If any legal action is timely filed, the property shall be disbursed by the director pursuant to the order of the court having jurisdiction over such claim.
(h) The director is authorized to establish and administer procedures for the administration and disposition of unclaimed property consistent with this article, including compliance requirements for other municipal officers and employees in the identification and disposition of such property.
(Ord. No. 1992-14, § 1, 6-15-92)
Sec. 12-53. Sale of unclaimed property.
Subsequent to the termination of the owner's right in unclaimed property through forfeiture as provided in section 12-52 of this article, the director shall be and is hereby authorized to sell or dispose of any such unclaimed property, at either public sale or private sale, as the director may determine to be in the best interests of the municipality.
(Ord. No. 1992-14, § 1, 6-15-92)