A. Prior to the disposition of any unclaimed property, the Director shall send a written notice by regular mail 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 City group, department or agency holding the property, Utilities or MHS Enterprise. 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 City, Utilities or MHS Enterprise and any claim of the owner to the property shall be forfeited.
B. If the Director receives no written claim within the above sixty (60) day claim period, the property shall become the sole property of the City, Utilities or MHS Enterprise and any claim of the owner to the property shall be forfeited.
C. If the Director receives a written claim within the sixty (60) day claim period, the Director shall evaluate the claim and give written notice to the claimant within ninety (90) days of receipt of the claim that the claim has been accepted or that the Director proposes to deny the claim 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. If the Director proposes to deny the claim in whole or in part, the claimant may, within thirty (30) days of the mailing of the notice of proposed denial, file in writing a request for a hearing before the Director. The Director shall schedule a hearing based upon the request. This hearing shall be recorded by the Director. After the hearing the Director shall either approve the request or deny the request in whole or in part.
D. Should there be more than one claimant for the same property, the Director may, in the Director's sole discretion, resolve the claims or may resolve the claims by depositing the disputed property with the registry of the District Court in an interpleader action filed by the City Attorney.
E. If all claims filed are denied, the property shall become the sole property of the City, Utilities or MHS Enterprise and any claim of the owner shall be forfeited.
F. Any legal action filed challenging a decision of the Director shall be filed pursuant to CRCP 106. If a CRCP 106 action is timely filed, the property shall be disbursed by the Director pursuant to the order of the court having jurisdiction over the claim.
G. The Director is authorized to establish administrative regulations and to administer procedures for the administration and disposition of unclaimed property consistent with this part including compliance requirements for employees in the identification and disposition of the property under the Director's control. (Ord. 11-18; Ord. 15-62)