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Home My WebLink Aboutordinance.council.14-25ORDINANCE No. 14 (Series of 2025) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN COLORADO ADOPTING CODE AMENDMENTS TO THE ADMINISTRATIVE CODE, TITLE 2, CHAPTER 2.08. - DISPOSITION OF UNCLAIMED PROPERTY WHEREAS, Title 2 of the Aspen Municipal Code sets forth authority, rules and regulations that govern the administrative policies of the City; and, WHEREAS, the City's current administrative policies for Unclaimed Property were updated in 1992; and WHEREAS, the Aspen City Council met in work session on October 27 2025; and provided general direction to make changes to the current Disposition of Unclaimed Property policies to align with State policies in accordance with the Colorado Revised Uniform Unclaimed Property Act; and WHEREAS, the Aspen City Council finds that this Ordinance furthers and is necessary for streamlining the administrative Unclaimed Property disposition process for greater efficiency and savings; and WHEREAS, City Council has determined that the health, safety, and general welfare of the citizens, residents, and visitors of the City of Aspen will be served by this ordinance. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN COLORADO THAT: Section 1: Section 2.08.010 Purpose. The intended purpose of the administrative section on the Disposition of Unclaimed Property shall be deleted in its entirety and replaced with the following: The purpose of this Chapter is to provide for the identification, administration, reporting, and disposition of unclaimed property which is in the possession of or under the control of the City, in accordance with the Colorado Revised Uniform Unclaimed Property Act (C.R.S. 38-13-101 et seq.) and any rules promulgated thereunder by the Colorado Treasurer. Section 2: Sec. 2.08.020 Definitions. Definitions of City Manager, Owner, and Unclaimed Property shall be deleted in their entirety and replaced with the following: Finance Director means the Finance Director of the City or his or her designee. Owner means a person or entity, including a corporation, partnership, association, governmental entity other than the City or a duly authorized legal representative or successor in interest of same, which owns unclaimed property held by the City. Unclaimed property means any tangible or intangible property, including any income or increment derived therefrom, less any lawful charges, that is held by or under the control of the City and which has not been claimed by its owner for a period of one year after it became payable or distributable. Unclaimed property shall not mean "lost and confiscated property" as defined at Subsection 15.04.510(a) or vehicles impounded in accordance with Title 24 of the Municipal Code. Section 3• Sec. 2.08.030 Procedures for disposition of property. Subparagraph (a) shall be deleted in its entirety and replaced with the following: (a) Prior to disposition of any unclaimed property having an estimated value of twenty-five ($25.00) or more, the Finance 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 department within the City 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 Finance Director with a written claim for the return of the property within sixty (60) days of the date of the notice, the property will be reported and remitted to the Colorado State Treasurer's Office on or before November 1 of each year, covering property assumed abandoned as of the preceding June 30, in accordance with the Colorado Revised Uniform Unclaimed Property Act, C.R.S 38-13-101 et seq. Subparagraphs (b) and (c) shall be deleted in their entirety. Subparagraphs (d) - (h) shall be reordered, renumbered, and amended to read as follows: (b) If the Finance Director receives a written claim within the sixty-day claim period, the City Manager 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 Finance 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. (c) In the event that there is more than one claimant for the same property, the Finance Director may resolve said claims or may resolve such claims by depositing the disputed property with the registry of the district court in an interpleader action. (d) In the event that all claims filed are denied, the property will be reported and remitted to the Colorado State Treasurer's Office in accordance with the Colorado Revised Uniform Unclaimed Property Act, C.R.S 38-13-101 et seq. (e) Any legal action filed challenging a decision of the Finance Director shall be filed pursuant to Rule 106 of the Colorado Rules of Civil Procedure within thirty (30) days of such decision or shall be forever ba4;ed. If any legal action is timely filed, the property shall be disbursed by the City Manager pursuant to the order of the court having jurisdiction over such claim. J (f) The Finance Director is authorized to establish and administer procedures for the administration and disposition of unclaimed property consistent with this Chapter, including compliance requirements for other municipal officers and employees in the identification and disposition of such property. Section 4: Any Scrivener's errors contained in the code amendments herein, including but not limited to mislabeled subsections or titles, may be corrected administratively following adoption of the Ordinance. Section 5: Effect Upon Existing Litigation This ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 6: Severability. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 7: Effective Date. In accordance with Section 4.9 of the City of Aspen Home Rule Charter, this ordinance shall become effective thirty (30) days following final passage. INTRODUCED, READ, AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 18th day of November 2025. Attest: Nicole Henning, City Clerk: Rachael Richards, Mayor: FINALLY, adopted, passed and approved this 2nd day of December 2025 Attest: Nicole Henning, City Clerk: Approved as to form: Katharine Johnso ity Attorney Rachael Richards, Mayor: