(A) Prior to disposition of any unclaimed property having an estimated value of $300 or more, the Town Clerk 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 Town Clerk with a written claim for the return of the property within 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 more than $300 and having no last known address of the owner, the Town Clerk shall cause a notice to be published in a newspaper of general circulation in the town. The notice shall include a description of the property, the 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 Town Clerk with a written claim for the return of the property within 60 days of the date of publication of the notice, the property shall become the sole property of the town and any claim of the owner to such property shall be deemed forfeited.
(C) If the Town Clerk receives no written claim within the above 60-day claim period, the property shall become the sole property of the town and any claim of the owner to such property shall be deemed forfeited.
(D) If the Town Clerk receives a written claim within the 60-day claim period, the Town Clerk shall evaluate the claim and give written notice to the claimant within 90 days thereof that the claim has been accepted or denied in whole or in part.
(E) The Town Clerk 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.
(F) In the event that there is more than one claimant for the same property, the Town Clerk may, in the Town Clerk’s sole discretion, resolve said claims or may resolve such claims by depositing the disputed property with the registry of the District Court in an interpleader action.
(G) 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.
(H) Any legal action filed challenging a decision of the Town Clerk shall be filed pursuant to Rule 106 of the Colorado Rules of Civil Procedure within 30 days of such decision or shall be forever barred. If any legal action is timely filed, the property shall be disbursed by the Town Clerk pursuant to the order of the Court having jurisdiction over such claim.
(I) The Town Clerk 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.
(Prior Code, § 139.3) (Ord. 362, passed 6-25-1992; Ord. 577, passed 11-6-2014)