HomeMy WebLinkAboutOrdinance No. 1964-20i MICROFILMED
3.13•SU '
oRDIN:7rrcE No.
AN ORDINANCE DEFINING AND REGULATING
WAJTE MATERIAL AND DISCARDED AND
ABANDONED MOTOR VEHICLES AND OTHER
ITEMS ON rROPERTY WITHINT THE CITY
OF CAPE CANAVERAL, FLORIDA: PROVIDING
A PENALTY FOR VIOLATION: AND PROVIDING
FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, FLORIDA:
SECTION 1. It shall be unlawful for any person
to cause or perm unk, scrap metal, scrap lumber, waste-
. paper. products, discarded building materials, or any unused
abandoned vehicle, vehicles, or abandoned parts, machinery
or machinery parts, or other waste materials, to be in, or
upon any lot, yard, garden, lawn, or premises in the City.
of Cape Canaveral, unless in connection with a junkyard
enterprise lawfully situated and licensed for the sane.
SECTION 2. It shall be unlawful to permit any
accumulation' any such waste materials to be in or upon
any lot, yard, lawn, garden, or premises in the City of
Cape Canaveral, if the sane constitutes a fire hazard,
a hazard to the safety of persona or property, or an
unsanitary or unsightly condition.'
SECTION 3. It shall be unlawful for any person
to discard or— a— bauon any of the waste materials mentioned
in Section 1 hereof, upon a lot or premises not owned or
occupied by such person without the consent of the owner.
SECTION A. Clearing of Waste 14uterial, ulsoarded
and a auaoneu items.
(a) Notice to Remove. The City i-ianagev or
Chief of Police . xcre,y au iorized and empowered to
notify the O�aier of any occupied, open or',acunt private
p,onerty ,within the City or the agent of such owner to
properly dispose of waste materials, discarded and abandoned
il;eru: locatca on such ownerIG property which i :. .iangeroun to
public health, safety or welfare. Such notice -hall be by
ecrtifiud .:ail, addressed to said owner, at his lent known
address.
(b) Action Upon Non - Compliance. Upon tale
failure, xieglect or re anal
or any owner or agent no
liotified, to properly uinpoze of waoienaterials, ill - earded
and abandoned itema, dainL;erou:i to the public health,
r,,afcty or welfare within fl,.e (D) days after receipt of
written notice pro:_i.ued for in sus- section (a). above, or
within ten (10) days after the date of such notice in the
event the same in returned to the City Pout Office Department
because of its inability to make delivery thereof, provided
the same was properly addressed to the last knoian address
of such owner, or agent, the City r4unager, or Chief of
Police is hereby authorized and er,.powcved to pay for the
u1spoaing of Bush waste materials„ discarded and abandoned
items, or to order its disposal by the City.
(o) Char a:, llhen the City has effected the
re:;o,al of such uan "eroµa waste materials, discarded and
aii:_ndoncd itw�ia, or ha::' paid for its removul, tihe actual
;k O MICROFILMED
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3.13.80
cost thereof, plus accrued interest at the rate of sir
percent (6;;) per annum from the date of the cor:pletion
Of the worlc,if not paid by such owner within thirty
(30) days . from the co:apletion of the remo.al of said
wraste materials, discarded and abandoned items, and
said charge shall be due and payable by said owner at
the time of receipt of such state.ieut.
(d) Recorded Jtatea;ent Constitutes Lien.
Ylttere the full amount oue ' ne -y s uo . pa u y sucit
owner within thirty (30) days after the disposal Of
such waste materials, discarded and abandoned items,
as provided for in sub - sections (a) and (b) above, then,
and in that case, the City tdanager or chief of Police
shall cause to be reuovded in the office of the City
Treasurer a ".110M statement showing the cost and expense
incurred for the work-, the date the work was cone and the
location of the property on which said WOJ?1c was,, done.
Tile recordation of such sworn statement shall constitute
a lien and privilege on the property, and shall remain
in full force and effect for the amount due In principal
and interest, plus costs of court, if auy, for collection,
until final payment has been made. 3ald costs and
expenses shall be collected ill the manner fixed by law
for the collection of "fate and County tuxes and further,
shall be subject to a delinquent penalty. of clght percent
( &,) in the event same is not paid In full as provided in
sub - section (2) and (b) abocc. Sworn statee:.ents recorded
in accordance with the provisions hereof .hall be prima
facie evidence that all legal forinalities hace been complie']
111th and that tie ;toe!, has been done p:'0periy and satis-
factorily, and shall be full notice to e':es-y person
concerned that the amount of the statement, plus Interest,
constitute.. -, a charge against the property designuted or
described Sn the statement and that the cartc . la due and
collectible as provided by law.
SECTION 5. any person, firm, or corporation
w + illfully ° ola-7nl; uny of the provisions of till❑ Ordinance,
upon convietion thereof shall be putrfghcd liy a fine not
exceeding Tao Hundred Dollars ($200.00) Qr by impr120nmeut
for a term riot e:;cceding thirty (30) days, or by both such
fine and imprioonmmtt in the diseretion of tie Municipal
Judge, Each day upon which the violation shall occur or.
continue shall constitute a separate offense.
SECTIon u. This Ordinance shall become effecti':e
Itunediately upon dal 1--l—
ADOPTED ADOPTED by the City Council of the City of Cape
Canaveral, ;lovlda, on this 41 e. day of 3;r.,t3964.
ayor
Attcq-�
CI ycer;r
ot+: ppro to P
City .'ttorney a
First I ;eecinl; July 21, 1954. /
Sc c0 and PioalReudl;g 'T day of
posted on Citi, Du11ctl: n and t the City
Hall on the 2 day of '1964.
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