Englewood advances 72-hour notice rules for property removals

Englewood City Council voted 7-0 on Oct. 5 to advance rules that would generally require 72 hours’ notice before the city removes lost, abandoned, unattended or unclaimed property from city property or public rights-of-way. The first-reading vote was not final adoption; city staff said the ordinance would take effect 30 days after a second reading.

The proposed ordinance covers removals for reasons including blocked access or public use, unlawful storage, a health or safety hazard, or another legal basis. Property being unattended, left in a public place or associated with an encampment would not, by itself, establish that it had been abandoned. When an owner is present, staff generally would need to give them a reasonable opportunity to take their belongings, subject to exceptions such as an emergency or unlawful material.

For planned removals at an established encampment or concentration of unattended property, the proposal calls for a notice posted conspicuously at or near the location, in type at least 18 points. The notice would identify the place and approximate removal date and time, tell people to remove their belongings, and explain how to reclaim property, the claim period and how to contact the city. Staff also should give an owner who is present oral or written notice when reasonably practical.

The council amended the definition of an “emergency condition” to require an “imminent and substantial” threat for removal without advance notice. A separate provision allows less than 72 hours’ notice for imminent public-health, environmental or safety risks, or similar circumstances reasonably requiring a shorter period.

Property removed under the proposal generally would be stored for at least 30 days. The city would document removals and make claim information available during that period. Owners could establish a claim with reliable information such as a detailed description, photographs or identifying marks; government-issued identification would not be required if another method establishes ownership. The proposal provides for return without a storage or retrieval fee. Property left unclaimed after 30 days could be disposed of after the city verifies that notice and storage requirements were met.

The city attorney said at the meeting that contraband is stored at the police station and other property at service-center storage facilities. The proposal authorizes the city manager to develop written procedures for removal, storage and reclamation.