HomeMy WebLinkAboutCode Master Project 1978: Chapter 610: Disposition of Abandoned, Found, or Validly Seized Property (New)Codification Copy
Codified 1987
ORDINANCE NO. 22-87
AN ORDINANCE AMENDING CHAPTER 610, "ABANDONED
PROPERTY; SUPPLEMENTAL PROCEDURE FOR REMOVAL
& DESTRUCTION" , OF THE CODE OF ORDINANCES OF
THE CITY OF CAPE CANAVERAL, BREVARD COUNTY,
FLORIDA, BY AMENDING THE CHAPTER TITLE;
ESTABLISHING PROCEDURES FOR RECLAIMING
PROPERTY; REPEALING ALL PORTIONS OF THE CODE
IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE
DATE.
BE IT ORDAINED by the City Council of the City of Cape
Canaveral, Brevard County, Florida, as follows:
SECTION 1 . The title of Chapter 610 is hereby amended to be
"Abandoned Property" .
SECTION 2 . A new section is hereby established as follows:
Sec. 610. 08 Reclaiming Property. Unless otherwise
disposed of , property in the possession of the City
pursuant to this Chapter, may be reclaimed by the owner
paying all towing costs and storage fees . Storage fees
are $10. 00 per day. [Ord. No. 22-87, §1, 4 AUG 87]
SECTION 3 . All portions of the Code in conflict herewith
are hereby repealed.
SECTION 4 . This Ordinance shall become effective immediately
upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral,
Florida, this 4th day of August , 1987.
[signature]
Mayor
ATTEST:
[signature]
City Clerk
Approved as to Form:
[signature]
City Attorney
First Reading: 7-21-87
Posted: 7-22-87
Advertised: 7-25-87
Second Reading: 8-04-87
NAME YES NO
HOOG YES
KIDD YES
LEE YES
MARCHETTI YES
MURPHY YES
City Clerk
ORDINANCE NO. 32-86
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
BREVARD COUNTY, FLORIDA, AMENDING CHAPTER
610, "ABANDONED PROPERTY, SUPPLEMENTAL
PROCEDURE FOR REMOVAL AND DESTRUCTION" , BY
ALLOWING FOR REMOVAL OF JUNK AND JUNK
VEHICLES; REPEALING ALL PORTIONS OF THE
CODE IN CONFLICT HEREWITH; PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED by the City Council of the City of Cape
Canaveral, Brevard County, Florida, as follows:
SECTION 1. Chapter 610, "Abandoned Property, Supplemental
Procedure for Removal and Destruction" , of the Code of Ordinances
of the City of Cape Canaveral, Florida, is hereby repealed in its
entirety, and replaced with the following:
JUSTIFY
CHAPTER 610
ABANDONED PROPERTY, JUNK, JUNK VEHICLES;
SUPPLEMENTAL PROCEDURE FOR REMOVAL & DISPOSAL
Sec. 610. 01 Definitions. As used in this Chapter:
Abandoned Property means wrecked or derelict
property having no value other than nominal salvage
value, if any, which has been left abandoned and
unprotected from the elements and shall include
wrecked, inoperative, or partially dismantled motor
vehicles, trailers , boats, machinery, refrigerators,
washing machines, plumbing fixtures, furniture, and
any other similar article which has no value other
than nominal salvage value, if any, and which has
been left abandoned and unprotected from the
elements.
Enforcement Officer means sheriff, deputy
sheriff, police chief , building official, code
enforcement officer, city manager, or any other
officer designated by the City of Cape Canaveral to
enforce the provisions of this Chapter.
Junk is any scrap metal, scrap lumber, discarded
building materials, abandoned parts, machinery,
machinery parts, household appliances, air
conditioners and similar nonfunctioning assemblies
or their components.
Junk Vehicle shall mean any vehicle, including a
trailer or motor or mobile home, which does not bear
a license number plate, or if it bears a license
number plate, said license number plate has not been
valid for a period of more than six (6) months,
which said vehicle is in either a rusted, wrecked,
discarded, dismantled, partly dismantled,
inoperative or abandoned condition.
Public Property means lands and improvements
owned by the Federal Government, the State of
Florida, the county, or municipalities lying within
the county and includes buildings , grounds , parks,
ORDINANCE NO. 32-86
PAGE 1 OF 4 PAGES
playgrounds, streets, sidewalks, parkways, rights-
of-way, and other similar property.
Local Government means the City Council of the
City of Cape Canaveral, Florida. [Ord. No. 4-76, §2, 18 MAR 76; Ord.
No. 4-83, §1, 15 Mar; 83; Ord. No. 32-86, §1, 18 Nov. 86]
Sec. 610. 03 Abandoned Property, Junk or Junk
Vehicle( s ) on Public Property.
A. Whenever the enforcement officer of the City
of Cape Canaveral shall ascertain that an article of
abandoned property, junk or junk vehicle(s) is
present on public property within the limits of the
City of Cape Canaveral, he shall cause a notice to
be placed upon such article in substantially the
following form:
[illegible text]
NOTICE TO THE OWNER AND ALL PERSONS
INTERESTED IN THE ATTACHED PROPERTY.
This property, to wit: (setting forth
brief description) is unlawfully upon
public property known as (setting forth
brief description of location) and must
be removed within ten (10) days from
date of this notice; otherwise it shall
be presumed to be abandoned property,
junk or junk vehicle( s) and will be
removed and disposed of by order of the
City of Cape Canaveral . Dated this:
(setting forth name., title, address and
telephone number of enforcement
officer).
B. Such notice shall be not less than eight (8)
inches by ten (10) inches and shall be sufficiently
weatherproof to withstand normal exposure to the
elements . In addition to posting, the enforcement
officer shall make reasonable effort to ascertain
the name and address of the owner, and if such is
reasonably available, he shall mail a copy of such
notice to the owner on or before the date of
posting.
C. If at the end of ten ( 10 ) days after posting
such notice the owner or any person interested in
the abandoned property, junk or junk vehicle( s )
described in such notice has not removed the
abandoned property, junk or junk vehicle( s ) from
public property or shown reasonable cause for
failure to do so, the enforcement officer may cause
the abandoned property, junk or junk vehicle( s ) to
be removed and disposed of and the salvage value, if
any, of such abandoned property, junk or junk
vehicle( s ) shall be retained by the City of Cape
Canaveral to be applied against the cost of removal
and destruction thereof. (See #2 - old Chapter)
Sec. 610. 05 Abandoned Property, Junk or Junk
Vehicle( s ) on Private Property.
A. Whenever the enforcement officer of the City
of Cape Canaveral shall ascertain that an article of
abandoned property, junk or junk vehicle( s ) is
present on private property within the limits of the
City of Cape Canaveral, in violation of any zoning
ordinance or regulation, anti-litter ordinance or
regulation, or other similar ordinance or regulation
of the City of Cape Canaveral, the enforcement
ORDINANCE NO. 32-86
PAGE 2 OF 4 PAGES
officer shall cause a notice to be placed upon such
article in substantially the following form:
NOTICE TO THE OWNER AND ALL PERSONS
INTERESTED IN THE ATTACHED PROPERTY.
This property, to wit: ( setting forth
brief description) located at ( setting
forth brief description of location) is
improperly stored and is in violation
of ( setting forth ordinance or regula-
tion violated) and must be removed
within ten ( 10 ) days from date of this
notice; otherwise it shall be presumed
to be abandoned property, and will be
removed and disposed of by order of the
City of Cape Canaveral. Dated this:
(setting forth date of posting of
notice) . Signed: ( setting forth name,
title, address and telephone number of
enforcement officer) .
B. Such notice shall not be less than eight ( 8 )
inches by ten ( 10 ) inches and shall be sufficiently
weatherproof to withstand normal exposure to the
elements for a period of ten ( 10 ) days. In addition
to posting, the enforcement officer shall mail a
copy of the notice to the owner of the real property
upon which the abandoned property, junk or junk
vehicle( s ) is located as shown by the tax records
used by the City of Cape. Canaveral, on or before the
date of posting of such notice.
C. If at the end of ten ( 10 ) days after posting
such notice, the owner or any person interested in
the abandoned property, junk or junk vehicle( s)
described in such notice has not removed the
abandoned property, junk or junk vehicle( s ) and
complied with the ordinance or regulation cited in
the notice, the enforcement officer may cause the
abandoned property, junk or junk vehicle( s) to be
removed and disposed of and the salvage value, if
any, of such abandoned property, junk or junk
vehicle( s) shall be retained by the City of Cape
Canaveral to be applied against the cost of removal
and destruction thereof. [See #3 - old Chapter]
Sec. 610. 07 Failure to Comply with Notice; Removal
by City; Assessment and Collection of City ' s Cost,
Unpaid Sums Added to Tax Rolls of the Property. If the
property owner does not comply with the notice and
order within the time specified therein, then the City
may proceed with the removal of the abandoned property,
junk or junk vehicle( s ) or may cause the same to be
done. If the City removes abandoned property, junk or
junk vehicle( s) , said City may let contracts therefor.
The City may charge or assess the said property and the
owner with the actual cost of labor performed and
materials furnished in removing the abandoned property,
junk or junk vehicle( s ) , together with ten percent
(10% ) of the cost of such labor and materials for the
use of tools and supervision, and said amounts shall
constitute an indebtedness of the owner of said
property to the City of Cape Canaveral, and shall
constitute a lien against said property, real or
personal, which shall be superior to all other liens
except the liens for State and County taxes and City
taxes, and the liens for special assessments for public
improvements. The City Clerk shall enter in a book
ORDINANCE NO. 32-86
PAGE 3 OF 4 PAGES
•
provided for such purpose the claim of the City for
said lien, in which he shall give a brief description
of the property, the name of the owner, if known, and
the amount due to the City for which said lien is
claimed. The amounts so expended by the City shall
become due within one ( 1) month after the expenditure
of the same, and if not paid within said time, shall
bear interest after one ( 1) month from the date thereof
at the rate of one percent ( 1% ) per month until paid.
Upon payment of the amount due for said work, the City
Clerk shall enter on said record the fact and date of
payment thereof, and such entry of payment by the City
Clerk shall constitute a discharge of the lien.
Sec. 610. 09 Entry Upon Private Property While in
Discharge of Duties Authorized. Any enforcement
officer or any person authorized by the enforcement
officer shall be immune from prosecution, civil or
criminal, for reasonable, good faith trespass upon real
property while in the discharge of duties imposed by
this Chapter. [See #4, old Chapter]
Sec. 610. 11 Penalty. Whoever opposes, obstructs or
resists any enforcement officer or any person
authorized by the enforcement officer in the discharge
of his duties as provided in this Chapter, upon
conviction shall be guilty of a misdemeanor of the
second degree, punishable as provided in Section 801.01.
[See #5, old Chapter]
SECTION 2 . If any provision of this ordinance or the
application thereof to any person or circumstance is held
invalid, the invalidity shall not affect other provisions or
applications of the ordinance which can be given effect without
the invalid provision or application and to this end the
provisions of this ordinance are declared severable.
SECTION 3 . All portions of the Code in conflict herewith
are hereby repealed.
SECTION 4 . This Ordinance shall become effective
immediately upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral,
Florida, this 18th day of November , 1986.
[signature]
Mayor
ATTEST:
[signature]
City Clerk
Approved as to Form:
[signature]
City Attorney
First Reading: November 6, 1986
Posted: November 7, 1986
Advertised: Novemeber 8, 1986
Second Reading: November 18, 1986
NAME YES NO
FISCHETTI YES
KIDD YES
LEE YES
MARCHETTI YES
NICHOLAS YES
ORDINANCE NO. 32-86
PAGE 4 OF 4 PAGES
277 § 610 .01 ABANDONED PROPERTY; SUPPLEMENTAL § 610 . 03
PROCEDURE FOR REMOVAL & DESTRUCTION
CHAPTER 610
ABANDONED PROPERTY; SUPPLEMENTAL
PROCEDURE FOR REMOVAL & DESTRUCTION
Sec. 610 .01 Definitions. As used in this Chapter:
(A) Local Government means the City Council of the
City of Cape Canaveral , Florida.
(B) Abandoned Property means wrecked or derelict property
having no value other than nominal salvage value, if any,
which has been left abandoned and unprotected from the
elements and shall include wrecked, inoperative, or partially
dismantled motor vehicles, trailers, boats, machinery, re-
frigerators, washing machines, plumbing fixtures, furniture,
and any other similar article`which has no value other than
nominal salvage value, if any, and which has been left
abandoned and unprotected from the elements .
(C) Public Property means_ lands and improvements owned
by the Federal Government, the State of Florida, the county,
or municipalities lying within the county and includes
buildings, grounds, parks, playgrounds, streets, sidewalks,
parkways, rights-of-way, and other similar property.
(D) Enforcement Officer means sheriff, director of
public safety, police chief, marshal, or any other officer
designated by law, charter, ordinance or resolution of the
City of Cape Canaveral to enforce the provisions of this
Chapter. [Ord. No. 4-76 , § 2 , 18 Mar 76; Ord. No. 4-83 ,
§ 1 , 15 Mar 83]
Sec. 610 . 03 Abandoned Property on Public Property.
(A) Whenever the enforcement officer of the City of Cape
Canaveral shall ascertain that an article of abandoned prop-
erty is present on public property within the limits of the
City of Cape Canaveral, he shall cause a notice to be placed
upon such article in substantially the following form:
NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE
ATTACHED PROPERTY. This property, to wit: (setting forth
brief description) is unlawfully upon public property known
as (setting forth brief description of location) and must
be removed within ten (10) days from date of this notice;
CHAPTER REVISED
15 MAR 83
§ 610 . 0 3 ABANDONED PROPERTY; SUPPLEMENTAL § 610 . 05 278
PROCEDURE FOR REMOVAL & DESTRUCTION
otherwise it shall be presumed to be abandoned property
and will be removed and destroyed by order of the City
of Cape Canaveral. Dated this: (setting forth name,
title, address and telephone number of enforcement officer) .
(B) Such notice shall be not less than eight (8) inches
by ten (10) inches and shall be sufficiently weatherproof
to withstand normal exposure to the elements. In addition
to posting, the enforcement officer shall make reasonable
effort to ascertain the name and address of the owner, and
if such is reasonably available to the enforcement officer
he shall mail a copy of such notice to the owner on or be-
fore the date of posting.
(C) If at the end of ten (10) days after posting such
notice the owner or any person interested in the abandoned
article or articles described in such notice has not re-
moved the article or articles'-from public property or
shown reasonable cause for failure so to do, the enforce-
ment officer may cause the article or articles of abandoned
property to be removed and destroyed and the salvage value,
if any, of such article or articles shall be retained by
the City of Cape Canaveral to be applied against the cost
of removal and destruction thereof. [Ord. No. 4-76 , § 6 ,
18 May 76; Ord. No. 4-83 , S. 1, 15 Mar 83; Ord. No. 32-86; §1 18 Nov. 86] #2
Sec. 610 .05 Abandoned Property on Private Property.
(A) Whenever the enforcement officer of the City of
Cape Canaveral shall ascertain that an article or articles
of abandoned property are present on private property within
the limits of the City of Cape Canaveral, in violation of
any zoning ordinance or regulation, anti-litter ordinance
or regulation, or other similar ordinance or regulation of
the City of Cape Canaveral, the enforcement officer shall
cause a notice to be placed upon such article in substan-
tially the following form:
NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE
ATTACHED PROPERTY. This property, to wit: (setting forth
brief description) located at (setting forth brief descrip-
tion of location) is improperly stored and is in violation
of (setting forth ordinance or regulation violated) and
must be removed within ten (10) days from date of this
notice; otherwise it shall be presumed to be abandoned
property and will be removed and destroyed by order of
the City of Cape Canaveral. Dated this: (setting forth
CHAPTER REVISED
15 MAR 83
279 § 610 . 0 5 ABANDONED PROPERTY; SUPPLEMENTAL § 610.09
PROCEDURE FOR REMOVAL & DESTRUCTION
date of posting of notice) . Signed: (setting forth name,
title, address and telephone number of enforcement officer) .
(B) Such notice shall not be less than eight (8) inches
by ten (10) inches and shall be sufficiently weatherproof
to withstand normal exposure to the elements for a period
of ten (10) days. In addition to posting, the enforcement
officer shall mail a copy of the notice to the owner of
the real property upon which the abandoned articles are
located as shown by the real estate tax records used by
the City of Cape Canaveral on or before the date of posting
of such notice.
(C) If at the end of ten (10) days after posting such
notice, the owner or any person interested in the abandoned
article or articles described in such notice has not removed
the article or articles and complied with the ordinance or
regulation cited in the notice, the enforcement officer may
cause the article or articles of abandoned property to be
removed and destroyed and the salvage value, if any, of
such article or articles shall be retained by the City of
Cape Canaveral to be applied against the cost of removal
and destruction thereof. [Ord. No. 4-76 , § 7, 18 May 76;
Ord. No. 4-83 , § 1, 15 Mar 83; Ord. No. 32-86, §1, 18 Nov 86] #3
Sec. 610 . 07 Penalty. Whoever opposes, obstructs or
resists any enforcement officer or any person authorized
by the enforcement officer in the discharge of his duties
as provided in this Chapter, upon conviction shall be
guilty of a misdemenor of the second degree, punishable
as provided in Section 801. 01 . [Ord. No. 4-76 , § 11, 18
May 1976; Ord. No. 4-83 , § 1, 15 Mar 83; Ord. No. 32-86, §1, 18 Nov 86] #5
Sec. 610 . 09 Entry upon Private Property While in Dis-
charge of Duties Authorized. Any enforcement officer or
any person authorized by the enforcement officer shall be
immune from prosecution, civil or criminal, for reasonable,
good faith trespass upon real property while in the dis-
charge of duties imposed by this Chapter. [Ord. No. 4-76 ,
§ 8 , 18 May 76; Ord. No. 4-83 , § 1 , 15 Mar 83t; Ord. No. 32-86
§1, 18 Nov 86] #4
CHAPTER REVISED
15 MAR 83
§610.09 §610.11
Sec. 610.08 (Copy from Ord. No. 22-87)
Sec . 610 . 09 Entry Upon Private Property While in
Discharge of Duties Authorized . Any enforcement
officer or any person authorized by the enforcement
officer shall be immune from prosecution , civil or
criminal , for reasonable, good faith trespass upon real
property while in the discharge of duties imposed by
this Chapter . [ Ord. No. 4-76, §8 , 18 May 76; Ord. No.
4-83, §1, 15 Mar 83 ; Ord. No. 32-86 , §1, 18 Nov 86 ]
Sec . 610 . 11 Penalty. Whoever opposes, obstructs or
resists any enforcement officer or any person author-
ized by the enforcement officer in the discharge of his
duties as provided in this Chapter , upon conviction
shall be guilty of a misdemeanor of the second degree,
punishable as provided in Section 801 . 01 . [ Ord. No.
4-76 , §11 , 18 May 76 ; Ord. No. 4-83 , §1 , 15 Mar 83 ;
Ord. No. 32-86, §1, 18 Nov 86 ]
(c) In satisfaction of the requirements of this section, the 0 /.) (j V CHAPTER 82-110
installation of tank-type water closets having a tank capacity in excess
of 3 li2 gallons shall be permitted if such water closets are equipped II I House Bill No. 146
with a device which reduces average water consumption to no more than 3
1/2 gallons per flush. An act relating to abandoned property; amending s. 705.16(3) and
(1) , Florida Statutes, and adding new subsection (5) thereto;
(2) Any official board, department, or agency established and specifying time within which an abandoned boat must be
authorized by the state or by a county, city, or other political removed; providing that the owner of an abandoned motor
subdivision created by law to administer and enforce the provisions of vehicle or boat is liable to the local government for costs
the plumbing codes and amendments thereto may allow the use of standard of removal and destruction; providing for notice; providing
flush toilets if, in the opinion of such board, department, or agency, that such person shall not be entitled to register another
the configuration of the building drainage system requires a quantity of boat or shall be subject to fine, as applicable, if such
water greater than 3 1/2 gallons to adequately flush the system. costs are not paid; providing an effective date.
(3) Any person who violates the provisions of this section shall be Be It Enacted by the Legislature of the State of Florida:
guilty of a non-criminal violation punishable by a fine not to exceed
$250.00. Section 1. Subsections (3) and (4) of section 705.16, Florida
Statutes, are amended, subsections (5) , (6) and (7) are renumbered as
Section 3. This act shall take effect July 1, 1982 or upon becoming a subsections (6) , (7) and (8) , and a new subsection (5) is added to said
law, whichever occurs later. section, to read:
Approved by the Governor April 5, 1982. 705.16 Abandoned property; supplemental procedure for removal and
destruction.--
Filed in Office Secretary of State April 6, 1982.
(3) (a) Whenever the enforcement officer of any local government shall
I ascertain that an article of abandoned property is present on public
�/ property within the limits of such governmental unit, or unincorporated
1 area of the county, if a county, he shall cause a notice to be placed
J 7 upon such article in substantially the following form: �;
C-ftl JCV1 ,.,i/'�n ,v NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED
J PROPERTY. This property, to wit: (setting forth brief description) is
unlawfully upon public property known as (setting forth brief description
Vt/ (/
366e:7,1/ 4 0 ` ; f of location) and must be removed within 10 days, provided that if the
property is a boat 30 days, from date of this notice; otherwise it small
be presumed to be abandoned property and will be removed and destroyed by
order of (setting forth name of local government) . If the property is a
LI, motor vehicle or boat, the owner will be liable for the costs of removal
Alt J) (4/ and destruction. Dated this: (setting forth the date of posting of
notice) . Signed: (setting forth name, title, address, and telephone
0.1
) olv,
number of enforcement officer) .
0)I N v Such notice shall be not less than 8 inches by 10 inches and shall be
sufficiently weatherproof to withstand normal exposure to the elements.
t In addition to posting, the enforcement officer shall make reasonable
effort to ascertain the name and address of the owner, and if such is
reasonably available to the enforcement officer he shall mail a copy of
such notice to the owner on or before the date of posting.
(b) If at the end of 10 days, provided that if the property is a boat
30 days, after posting such notice the owner or any person interested in
the abandoned article or articles described in such notice has not
removed the article or articles from public property or shown reasonable
cause for failure so to do, the enforcement officer may cause the article
or articles of abandoned property to be removed and destroyed.7--and The
salvage value, if any, of such article or articles shall be retained by
the local government to be applied against the cost of removal and
destruction thereof, unless the costs of removal and destruction are paid
by the owner as provided in subsection (5) , in which case the salvage
value may be deposited in the local government general fund.
(4) (a) Whenever the enforcement officer of any local government shall
ascertain that an article or articles of abandoned property are present
on private property within the limits ol such governmental unit, or
2 1
CODING: Words in alreek-threw h type are deletions from existing law; CODING: Words in streek-through type are deletions from existing law;
words in underscored type are additions. words in underscored type are additions.
29
unincorporated area of the county if a county, in violation of any zoning CHAPTER 82-119
ordinance or regulation, antilitter ordinance or regulation, or other
similar ordinance or regulation of such local government, the enforcement Committee Substitute for House Bill No. 387
officer shall cause a notice to be placed upon such article in
substantially the following form: An act relating to community and economic revitalization;
creating chapter 162, Florida Statutes; creating the Florida
NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED Enterprise Zone Act of 1982; providing legislative findings;
PROPERTY. This property, to wit: (setting forth brief description) providing policy and purpose; providing definitions;
located at (setting forth brief description of location) is improperly providing for designation of enterprise zones by local
stored and is in violation of (setting forth ordinance or regulation governing bodies; providing for application and approval of
violated) and must be removed within 10 days, provided that if the enterprise zones by the Department of Veteran and Community
property is a boat 30 days from date of this notice; otherwise it shall Affairs; providing a listing of state and local programs and
be presumed to be abandoned property and will be removed and destroyed by incentives available in enterprise zones; providing duties of
order of (setting forth name of local government). If the property is a department with respect to federal enterprise zone programs;
motor vehicle or boat, the owner will be liable for the costs of removal providing for the assistance of specified departments in
and destruction. Dated this: (setting forth date of posting of notice). implementation of the chapter and programs; providing statue
Signed: (setting forth name, title, address, and telephone number of of designated slum or blighted areas under the chapter;
enforcement officerl . providing for review and repeal; amending a. 220.02(7) and
Such notice shall not be less than 8 inches by 10 inches and shall be
sufficiently weatherproof to withstand normal exposure to the elements amending a. 220.O3(1)( ), and adding(n), (p)subsection (9)a thereto;
for a period of 10 days. In addition to posting, the enforcement officer ( )(c)'paragraphs( ' (s),(w), (x), and (z), Floridado(aa)
shall mail a copy of the notice to the owner of the real property upon Statutes,h ; and adding . ( )( n ((2) (z) and (6),
P P Y P thereto; amending s. 220.181(1)(a) and (b), (2), (3), (6),
which the abandoned articles are located, as shown by the real estate tax and (7), Florida Statutes, and adding paragraph (1)(d)
records used by the local government, and shall make reasonable effort to thereto; amending s. 220.182(1)(b), (9), (10), (11), (12) and
ascertain the name and address of the owner, if the abandoned property is .. (13), Florida Statutes; renumberingand amending
a motor vehicle or boat, and shall mail a copy of the notice to such 220.183(1)(c), (2), (5)(a), (b) and s.
owner, on or before the date of posting of such notice. Statutes, and addingera is h 3 (d) and (8), Florida
P 9 p ( )(e) thereto and repealing
subsection (3) thereof; amending ss. 159.26, 159.27(5) and
(b) If at the end of 10 days, provided that if the property is a boat (19), and 196.012(14), Florida Statutes; adding subsections
30 daysl. after posting such notice the owner or any person interested in (6) and (7) to e. 288.604, Florida Statutes; amending s.
• the abandoned article or articles described in such notice has not 288.606(1)(a), (b) and (d) and (3), Florida Statutes, and
removed the article or articles and complied with the ordinance or adding paragraph (2)(e); amending ss. 288.607(2)(a) and
regulation cited in the notice, the enforcement officer may cause the (5)(a), and 288.608(1)(b), (5)(a), and (6), Florida Statutes;
article or articles of abandoned property to be removed and destroyed.v providing that the economic revitalization jobs creation
end The salvage value, if any, of such article or articles shall Be incentive credit, the economic revitalization tax incentive
retained by the local government to be applied against the cost of credit, the community contribution tax credit, the Florida
removal and destruction thereof, unless the costs of removal and Industrial Development Financing Act, and the economic
destruction ar.e paid by the owner as provided in subsection (5), in which development ad valorem tax exemption shall apply with respect
case the salvage value may be deposited in the local government general to enterprise zones rather than slum or blighted areas;
fnd. revising requirements with respect to employees of businesses
to which the economic revitalization tax incentive credit
(5) The owner of any abandoned motor vehicle or boat who, after applies and revising the definition of "new business";
notice as provided in this section, does not remove the vehicle or boat specifying the effect of the expiration of provisions
within the specified period, shall be liable to the local government for granting said credit; revising requirements with respect to
all costs of removal and destruction of such property, less any salvage employees and providing for replacement employees under the
value received by the local government. Upon such removal and economic revitalization jon creation incentive credit;
destruction the local government enforcement officer shall notify the authorizing carryover of unused economic revitalization jobs
owner of the amount owed and of the penalty provision of this subsection. creation incentive credit; authorizing use of unused carry
In the case of an abandoned boat, any person who neglects or refuses to forward credits after expiration of economic revitalization
pay such amount shall not be entitled to be issued a certificate of jobs creation credit; authorir ng such carryover for the
registration for any other boat, until such costs have been paid. The community contribution tax crulit; authorizing use of unused
local government enforcement officer shall supply the Department of carry forward credits after .:xpiration of the community
Natural Resources with a list of persons whose boat registration • contributions tax credit; .runsferring certain definitions
privileges have been revoked under this subsection, and neither the relating to such credit and providing expiration dates;
department nor the tax collector or other person acting as agent thereof revising the definition of 'project" for purposes of such
shall issue a certificate of registration to a person whose boat credit; defining "service area" and "target steep under the registration privilege has been revoked, as provided by this subsection, Community Development Corporction Support and Assistance
until such costs have been paid. In the case of an abandoned motor Program and providing application with respect to membership,
vehicle, any person who neglects or refuses to pay such amount shall be Proposed requirements and evaluation, and authorized loan
subject to a fine of 100. uses; providing that a target ;tea may be an enterprise zone;
providing that loans under sa:.d program be repaid within 15
years; providing for order of application of credits against
Section 2. This act shall take effect July 1, 1982.
the corporate income or franct•:se tax; providing an effective
Approved by the Governor April 5, 1982.
date.
Filed in Office Secretary of State April 6, 1982.
2
,
CODING: Words in struck-through type are deletions from existing 1,ws
words in underscored type are additions. CODING: Words in etruek lkreugh t s : are deletions from existing law;
words in underscored type re additions.
s
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- 1 City of Cape Canaveral
¢i - I = %, 105 POLK AVENUE • CAPE CANAVERAL. FLORIDA 32920
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s i ' CcApE mum June 7, 1983
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FIRST ERRATA SHEET
ORDINANCE NO. 4-83
DISPOSITION OF ABANDONED, FOUND & VALIDLY SEIZED PROPERTY
CITY CODE CHAPTER 610
WHEREAS , there was a typographical error on
Ordinance No. 4-83 , and
WHEREAS, the intent was to change the entire Chapter
610 , and
WHEREAS , the following change does not alter the
intent of this Ordinance, but is made for clarification
purposes ,
NOW, THEREFORE, the following change is made:
Section 1 should read as follows :
SECTION 1 . Chapter 610 is hereby deleted in its
entirety, and replaced by Chapter 705 . 16 of the Florida
Statutes (1981) .
J s W. Scott
C ' y Attorney
§ 610. 01 DISPOSITION OF ABANDONED, § 610. 02 § 610. 04 DISPOSITION OF ABANDONED, § 610. 06
FOUND OR VALIDLY SIEZED FOUND OR VALIDLY SIEZED
PROPERTY PROPERTY
CHAPTER 610 Sec. 610. 04 Disposition of Abandoned
OF ABANDONED, or Found Property. Whenever personal
DISPOSITION
FOUND OR VALIDLY SIEZED property of any kind , except money, comes
into the custody of the Police Department ,
PROPERTY and the persons entitled to the possession
of this property cannot be located and/or
Sec. 610.01 Purpose. The purpose of fail to claim the property for a period of
this ordinance provides for the disposal sixty (60) days, the City Clerk shall be
of abandoned , found or validly seized so notified and may dispose of the said
property in the possession of the Cape property in accordance with the provisions
Canaveral Police Department . (Ord. No. of this ordinance. (Ord . No. 4-76 § 4 ,
4-76 § 1, 18 Mar 1976) . 18 May 1976) .
Sec. 610.02 Definitions. For the Sec. 610.05 Stored or Parked, Junked
purpose of this Chapter, the following or Abandoned Motor Vehicles or Parts
definitions shall apply in the interpre- thereof on Pu;:lic Property Prohibited.
tation, enforcement and intent of this It shall be unlawful for any person to
Chapter. When not inconsistent with park, store or leave junked or abandoned
the context , words used in the present motor vehicles or parts thereof on any
tense include the future , words in the street , road, highway, alley, public way,
tense include the future, words in the or on any public property within the City
plural number include the singular and of Cape Canaveral, Florida, in excess of
words in the singular number include twenty-four (24) hours . (Ord. No. 4-76
the plural. The word "shall" is always
mandatory and not merely directory: § 5, 18 May 1976)
Sec. 610. 06 Notice to Owner or all
(A) Abandoned Vehicle. Any motor Persons Interested in Attached Property
vehicle or bicycle or part thereof to Located on Private or Public Property.
which the last registered owner of
record has relinquished all apparent (A) Whenever it shall appear that
a junked or vehicle abandonedmotor vehicle or
dominion and control, or any motor part thereof is parked, stored or left
vehicle or bicycle or part thereof upon any private or public property
which has been left on public or pri- within the City of Cape Canaveral,
vate property for which no arrangement Florida , for a period in excess of thirty
has been made for its removal or (30) days, the enforcement officer shall
storage within an encloded building place or cause to be placed a written
with the owner or occupant of the pre- notice upon such motor vehicle or part
mises upon which it is located within thereof, in substantially the following
a period of thirty (30) days from the form:
v
§ 610.06 DISPOSITION OF ABANDONED, § 610.06 § 610. 02 DISPOSITION OF ABANDONED, § 610. 03
FOUND OR VALIDLY SIEZED FOUND OR VALIDLY SIEZED
PROPERTY PROPERTY
"NOTICE TO OWNER AND ALL PERSONS INTERES- date such motor vehicle or bicycle or
TED IN THE ATTACHED PROPERTY" part thereof was left on said property.
This property, to-wit (setting forth (B) Junked Motor Vehicle. Any motor
brief description) located at (setting vehicle or bicycle or part thereof which
forth brief description of location) is is in a wreck, partially dismantled,
improperly stored and is in violation of inoperative or worn out condition, which
Ordinance No. 4-76 and must be removed condition is such that the vehicle or
within ten (10) days from date of this part thereof cannot be reasonably repaird.
notice otherwise it shall be presumed Any motor vehicle not mobile under its own
to be abandoned property and will be power and without a currnet Florida License
removed and destroyed or sold by order of plate or without a current State Highway
the City of Cape Canaveral, Florida. Patrol Inspection Certificate installed
Dated : (setting forth date of posting of thereon in a proper manner may be classi-
notice) . Signed : (setting forth name, fied as a junked motor vehicle.
title, address and telephone number of
enforcing officer) . (C) Street or Highway. The entire
width between the boundary lines of pub-
(B) Such notice shall not be less than licly owned or maintained way when any
eight (8) inches by ten (10) inches and part thereof is open to the use of the
shall be sufficiently weatherproof to public for purposes of vehicular traffic.
withstand normal exposure to the elements (Ord. No. 4-76 § 2 , 18 Mar 1976) .
for a period of ten (10) days. In addition
to posting, the enforcement officer shall Sec. 610.03 Custodian of Abandoned or
mail, by regular United States mail, a Found Property. The Chief of Police of
copy of the notice to the owner of the the City of Cape Canaveral Police Depart-
real property upon which the junked or ment shall designate the persons in the
abandoned motor vehicle or part thereof employ of the Police Department as the
is located, as shown by the latest County enforcement officer or officers in charge
Tax Assessor's roll , and a copy of such of the personal property covered by this
notice shall be conspicuously posted ordinance. Said enforcement officer shall
upon the premises on or before the date have the responsibility for the care,
of posting of such notice on the motor custody and control of all property in a
vehicle or part thereof. manner approved by the City Treasurer. The
Chief of Police shall provide the necessary
(C) If at the end of ten (10) days space for the storage of said property, and
after posting such notice the owner or shall provide the necessary security for
person acting on his behalf does not the safekeeping of said property. (Ord. No.
4-76 § 3 , 18 Mar. 1976) .
§ 610. 06 DISPOSITION OF ABANDONED, § 610.107 § 610. 07 DISPOSITION OF ABANDONED, § 610.09
FOUND OR VALIDLY SIEZED FOUND OR VALIDLY SIEZED
PROPERTY PROPERTY
remove the junked or abandoned motor any such sale, there shall be deposited
vehicle or part thereof , and complies in the general fund of the City of Cape
with this article, the enforcement Canaveral an amount to assist in defray-
officer may cause the motor vehicle or ing expenses of the enforcement of this
part thereof to be removed. ordinance, all necessary expenses incurred
in connection with the impounding and sale
(D) The act of removal , destruction of such abandoned motor vehicles or other
or removal of the written notice as personal property, and the balance thereof
described in section (A) shall be un- may be claimed by the rightful owner
lawful and any person committing such within thirty (30) days from the date of
act shall be guilty of a misdemeanor such sale. The City Clerk shall have
and upon conviction thereof shall be the right to refuse to sell the abandoned
punished in accordance with Section motor vehicle or other personal property,
801. 01 of the Code of the City of if the highest price bid at the public
Cape Canaveral, Florida. Such removal, sale is insufficient to cover the costs
destruction or obliteration of the notice incurred by the City for removal, storage
as provided for herein shall not be a and administration of such personal
defense to non-compliance with any of property. (Ord. No. 4-76 § 7 18 May
the provisions of this section. (Ord. 1976) .
No. 4-76 § 6, 18 May 1976) .
Sec. 610.08 Entry upon Private
Sec. 610. 07 Notice to Owners of Property for Notice or Removal Authorized.
Junked or Abandoned Motor Vehicles or The enforcement officer and his designated
Parts thereof , or any other Personal representatives shall be immune from
Property. Whenever the enforcement presecution , civil or criminal, for rea-
officer causes any motor vehicle or sonable, good faith tresspass upon real
part thereof or any other personal property while in the discharge of the
property which is the subject matter duties imposed by this ordinance. (Ord.
of this Ordinance to be removed from No. 4-76 § 8, 18 May 1976) .
public or private property under the
provisions of this Ordinance, whether Sec. 610. 09 The City Council to
such motor vehicle or part thereof or Determine Other Methods of Disposition.
other property is determined to be The City Council shall have the right
junked or abandoned as defined in to determine alternate disposition of
this Ordinance, he shall thereupon make personal property covered by this or-
reasonable effort to notify the owner dinance, in the- event some charitable
of such motor vehicle or other pro- or public purpose would be served there-
perty by certified mail, of the by, provided all notices required herein
location thereof and of the right of have been complied with. (Ord. No. 4-76
§ 9, 18 May 1976) .
§ 610.10 DISPOSITION OF ABANDONED, § 610. 11 § 610 . 07 DISPOSITION OF ABANDONED, § 610. 07
FOUND OR VALIDLY SIEZED FOUND OR VALIDLY SIEZED
PROPERTY PROPERTY
Sec. 610. 10 Reports of Abandoned said owner to secure return of possession
Property. It shall be the obligation of said property, upon costs of removal
of the Chief of Police to provide the being paid, and costs of storage , if any.
City Clerk with a report of the disposi- Inquiry by the enforcement officer to the
tion of all abandoned, junked or found Department of Highway and Motor Vehicles
property covered by this ordinance at of the State of Florida, whenever possible,
least once a year. (Ord. No. 4-76 § 10, shall constitute a good faith reasonable
18 May 1976) . effort to determine the identity and lo-
cation of owner of. a motor vehicle or
Sec. 610. 11 Penalties for Violation. part thereof. The notice provided for
Any person violating any of the provi- herein shall be mailed to the last known
sitions of this article shall be guilty registered owner of the motor vehicle or
of a misdemeanor , and upon conviction of any other property. If any abandoned
shall be punished in accordance with motor vehicle or part thereof , or any
Sec. 801.01 of the City Code of the City other personal property is in the custody
of Cape Canaveral, Florida. (Ord. No. of the Cape Canaveral Police Department
4-76 § 11, 18 May 1976) . and remains unclaimed and the cost for
removal and storage remains unpaid for
sixty (60) days from the date of removal
or abandonment , such abandoned property
shall be sold by the City Clerk at a public
sale or may be released to an independent
contractor to cover said contractor's cost
for removal and storage of the abandoned
property.
The City Clerk shall publish notice
of the public sale in a newspaper of
general circulation within Brevard County.
Such notice shall be published one time at
least seven (7) days prior to the date of
such public sale, and shall contain the
location and date of public sale and a
general description of the abandoned motor
vehicle or other personal property to be
sold at that public sale, which description
shall reasonably describe the property to
be sold. From the funds received from
. C - (i.-) 1 0 --- 1 r, C; _ci-4, ./ E k
1°1)/ ORDINANCE NO. 4-76 / fi71.J-p 1
AN ORDINANCE PROVIDING FOR THE DISPOSITION
OF ABANDONED, FOUND OR VALIDLY SEIZED PROP-
SSESSION OF THE CAPE CANAVERAL
POLICE DEPARTMENT; REPEALING ALL ORDINANCES
OR SECTIONS OF THE CITY CODE IN CONFLICT HERE-
WITH; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED by the City Council of the City of
Cape Canaveral, Florida, as follows :
1 - � .
SE TION 1 . Purpose. The purpose of this ordinance
provides for the disposal of abandoned, found or validly seized
property in the possession of the Cape Canaveral Police Depart-
• ment.
SECTION 2 . Definitions. For the purpose of this chapter,
the following definitions shall apply in the interpretation, enforce-
ment and intent of this chapter. When not inconsistent with the
context, words used in the present tense include the future, words
in the plural number include the singular and words in the singular
number include the plural. The wegc "shall" is always mandatory and
not merely directory:
Abandoned vehicle. Any motor vehicle or bicycle or
part thereof to which the last registered owner of
record has relinquished all apparent dominion and
control, or any motor vehicle or bicycle or part
thereof which has been left on public or private
property for which no arrangement has been made for
its removal or storage within an enclosed building
with the owner or occupant of the premises upon which
it is located within a period of thirty (30) days from
the date such motor vehicle or bicycle or part thereof
was left on said property.
70 Junked motor vehicle. Any motor vehicle or bicycle or
part thereof which is in a wreck, partially dismantled,
inoperative or worn out condition, which condition is
such that the vehicle or part thereof cannot be reasonably
repaired. Any motor vehicle not mobile under its own
power and without a current Florida license plate or with-
out a current State Highway Patrol Inspection Certificate
installed thereon in a proper manner may be classified
as a junked motor vehicle.
•
6 �
(C) Street o highway. The entire width between the
boundary lines of publicly owned or maintained
way when any part thereof is open to the use of
the public for purposes of vehicular traffic.
SECTION 3 . Custodian of abandoned or found property.
The Chief of Police of the City of Cape Canaveral Police Depart-
ment shall designate the person or persons in the .employ of the
Police Department as the enforcement officer or officers in charge
of the personal property covered by this ordinance. Said enforce-
ment officer shall have the responsibility for the care, custody
and control of all property in a manner approved by the City
Treasurer. The Chief of Police shall provide the necessary space
for the storage of said property, and shall provide the necessary
security for the safekeeping of said property.
Diu 0
SECTION 4 . Disposition of abandoned or found property.
Whenever personal property of any kind, except money,
comes into the custody of the Police Department, and the persons
entitled to the possession of this property cannot be located
and/or fail to claim the property for a period of sixty (60) days,
the City Clerk shall be so notified and may dispose of the said
property in accordance with the provisions of this ordinance.
SECTION S. Stored or parked, junked or abandoned motor
vehicles or parts thereof on public property prohibited. It shall
be unlawful for any person to park, store or leave junked or aban-
( doned motor vehicles or parts thereof on any street, road, highway,
alley, public way, or on any public property within the City of
Cape Canaveral, Florida, in excess of twenty-four (24) hours.
L00 . 06
SECTION 6 . Notice to owner or all persons interested in
attached property located on private or public property.
A (a) Whenever it shall appear that a junked or
abandoned motor vehicle or part thereof is parked,
stored or left upon any private or public property
within the City of Cape Canaveral, Florida, for a
period in excess of thirty (30) days , the enforcement
officer shall place or cause to be placed a written
ORDINANCE 4-76
PAGE 2 OF 6
notice upon such motor vehicle or part thereof, in
substantially the following form:
"NOTICE TO OWNER AND ALL PERSONS INTERESTED
IN THE ATTACHED PROPERTY
This property, to-wit (setting forth brief description)
located at (setting forth brief description of location)
is improperly stored and is in violation of Ordinance
No. 4-76 and must be removed within ten (10) days from
date of this notice, otherwise it shall be presumed to
be abandoned property and will be removed and destroyed
or sold by order of the City of Cape Canaveral, Florida.
Dated: (setting forth date of posting of notice) .
Signed: (setting forth name, title, address and
telephone number of enforcing officer) . "
6 (b) Such notice shall not be less than eight
(8) inches by ten (10) inches and shall be sufficiently
weatherproof to withstand normal exposure to the elements
for a period of ten (10) days. In addition to posting,
the enforcement officer shall mail, by regular United
States mail, a copy of the notice to the owner of the
real property upon which the junked or abandoned motor
vehicle or part thereof is located, as shown by the latest
County Tax Assessor' s roll, and a copy of such notice shall
be conspicuously posted upon the premises on or before the
date of posting of such notice on the motor vehicle or
part thereof.
(c) If at the end of ten (10) days after post-
ing such notice the owner or person acting on his behalf
does not remove the junked or abandoned motor vehicle or
part thereof, and complies with this article, the enforce-
ment officer may cause the motor vehicle or part thereof
to be removed.
j) (d) The act of removal, destruction or removal
of the written notice as described in section (a) shall be
unlawful and any person committing such act shall be
ORDINANCE 4-76
PAGE 3 OF 6
guilty of a misdemeanor and upon conviction thereof
shall be punished in accordance with Section 801. 01
of the Code of the City of Cape Canaveral, Florida.
Such removal, destruction or obliteration of the
notice as provided for herein shall not be a defense
to non-compliance with any of the provisions of this
section.
oq
EDCTION 7 . Notice to owners of junked or abandoned
motor vehicles or parts thereof, or any other personal property.
Whenever the enforcement officer causes any motor vehicle or part
thereof or any other personal property which is the subject matter
C.
e this Ordinance to be removed from public or private property
under the provisions of this Ordinance, whether such motor vehicle
or part thereof or other property is determined to be junked or
abandoned as defined in this Ordinance, he shall thereupon make
reasonable effort to notify the owner of such motor vehicle or
other property, by certified mail, of the location thereof and of
the right of said owner to secure return of possession of said
property, upon costs of removal being paid, and costs of storage,
if any. Inquiry by the enforcement officer to the Department of
Highway and Motor Vehicles of the State of Florida, whenever possible,
shall constitute a good faith reasonable effort to determine the
identity and location of the owner of a motor vehicle or part thereof.
The notice provided for herein shall be mailed to the last known
registered owner of the motor vehicle or of any other property. If
any abandoned motor vehicle or part thereof, or any other personal
property is in the custody of the Cape Canaveral Police Department
and remains unclaimed and the cost for removal and storage remains
unpaid for sixty (60) days from the date of removal or abandonment,
such abandoned property shall be sold by the City Clerk at a public
sale or may be released to an independent contractor to cover said
contractor' s cost for removal and storage of the abandoned property.
The City Clerk shall publish notice of the public sale
in a newspaper of general circulation within Brevard County. Such
notice shall be published one time at least seven (7) days prior
to the date of such public sale, and shall contain the location and
ORDINANCE 4-76
PAGE 4 OF 6
date of public sale, and a general description of the abandoned
motor vehicle or other personal property to be sold at that
public sale, which description shall reasonably describe the
property to be sold. From the funds received from any such
sale, there shall be deposited in the general fund of the city
of Cape Canaveral an amount to assist in defraying expenses
of the enforcement of this ordinance, all necessary expenses
incurred in connection with the impounding and sale of such
abandoned motor vehicle or other personal property; and the
balance thereof may be claimed by the rightful owner within
thirty (30) days from the date of such sale. The City Clerk
shall have the right to refuse to sell the abandoned motor
vehicle or other personal property, if the highest price bid
at the public sale is insufficient to cover the costs incurred
by the City for removal, storage and administration of such
personal property.
6 /o . u 8
SECTION 8. Entry upon private property for notice or
removal authorized. The enforcement officer and his designated
representatives shall be immune from prosecution, civil or criminal,
for reasonable, good faith tresspass upon real property while in
the discharge of the duties imposed by this ordinance.
SECTION 9. The City Council to determine other methods
of disposition. The City Council shall have the right to determine
alternate disposition of personal property covered by this ordinance,
in the event some charitable or public purpose would be served
thereby, provided all notices required herein have been complied with.
Gio , tu
SECTION 10. Reports of abandoned property. It shall be
the obligation of the Chief of Police to provide the City Clerk with
a report of the disposition of all abandoned, junked or found prop-
\ erty covered by this ordinance at least once a year.
6Ac,.ti
SECTION 11. Penalties for violation. Any person violating
any of the provisions of this article shall be guilty of a mis-
demeanor, and upon conviction shall be punished in accordance with
Section 801. 01 of the City Code of the City of Cape Canaveral,
Florida. -v d .5� ) •
SECTION 12 . All ordinances or parts thereof, or all sections
ORDINANCE 4-76
PAGE 5 OF 6
of the Code of the City of Cape Canaveral, Florida, or parts
thereof, in conflict herewith, are hereby repealed, except
for the provisions in Chapter 675 which shall be cumulative
to the remedies provided for in this Chapter.
SECTION 13 . This ordinance shall become effective
immediately upon its adoption.
ADOPTED by the City Council of the City of Cape Canaveral,
Florida, this 18th day of May, 1976.
7 /7
:;.;2 - '
__. --
yor
Attest: i\ 1
e:';;?
Ar13
__OZ..-- r ilfr.t,:r. Yr_Z NO
lty Clerk
Approved as to form: T _.nU r:t _
i. y Attorney / FIRST READING: 4-13-76
POSTED: . 4-14-76
ADVERTISED: 4-19-76
SECOND READING: 5-18-76
I
ORDINANCE 4-76
PAGE 6 OF 6
• „ce,
ORDINANCE NO. 4-83
,0\5/ AN ORDINANCE AMENDING CODE CHAPTER 610 "DISPOSITION
/ OF ABANDONED, FOUND AND VALIDLY SEIZED PROPERTY" ,
OF THE CITY OF CAPE CANAVERAL, FLORIDA, BY REPEALING
SECTION 610 . 02 IN ITS ENTIRETY AND REPLACING IT WITH
SECTION 610 . 02 AS REFLECTED BELOW, PURSUANT TO FLORIDA
STATUTES; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT
HEREWITH; PROVIDING AN EFFECTIVE DATE.
IT IS HEREBY ORDAINED by the City Council of the City of
Cape Canaveral, Florida, as follows:
SECTION 1. Section 610 .02 is hereby deleted in its entirety,
and replaced by Section 705 .16 f the Florida Statutes (1981) .
SECTION 2 . All portions of the Code in conflict herewith
are hereby repealed.
SECTION 3 . This Ordinance shall become effective immediately
upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral,
Florida, this 15th day of March , 1983 .
M yor
Attest:
i
NAME YESI NO First Reading '� -1-83
`�� u CALVERT Ix I Posted: 3-2-83
(`(� �J �
City Clerk HARRIS ( I Advertised. 3-7_83
NICHOLAS I x I Second Reading: 3-15-83
Approved as to Form: RUTHERroRO j x j
WINCHESTER j XI
611?)/
t At me
•
Ch. 705 SEIZED, ABANDONED, WRECKED, OR DERELICT PROPERTY F.S. 1981
Codified per instruction of City Attorney J. Scott
uisitioned therein shall be allocated to the office of
the sheriff in said judgement. The balance of the prop-
erty shall be destroyed or sold or allocated to some
other governmental function or use. Sales of such
property shall be a public sale to the highest and best
bidder for cash after 2 weeks' public notice as the
court may direct. Upon the application of any claim-
ant, the court may fix the value of a forfeitable inter-
est in the seized property and permit such claimany
to redeem the said property upon the payment of a
sum equal to said value which sum shall be disposed
of as would the proceeds of the sale of said property
under a judgement of forfeiture.
History.-s 5. ch. 63-267; s. 26, ch. 73-334.
705.14 Disposition of proceeds of forfeiture.
-All sums received from the sale or other disposition
of the seized property shall be paid into the State
Treasury for the benefit of the State School Fund
and shall become a part thereof.
History.-s. 5, ch. 63-267.
705.15 Fees for services.-Fees for services re-
quired hereunder shall be the same as provided for
sheriffs and clerks for like and similar services in oth-
er cases.
History.-s. 5, ch. 63-267.
705.16 Abandoned property; supplemental
procedure for removal and destruction.-
610.01 (2) DEFINITIONS.-As used in this section:
(a) "Local government" means the City Council of
the City of Cape Canaveral, Florida.
(b) "Abandoned property" means wrecked or der-
elict property having no value other than nominal
salvage value, if any, which has been left abandoned
and unprotected from the elements and shall include
wrecked, inoperative, or partially dismantled motor
vehicles, trailers, boats, machinery, refrigerators,
washing machines, plumbing fixtures, furniture, and
any other similar article which has no value other
than nominal salvage value, if any, and which has
been left abandoned and unprotected from the ele-
ments.
(c) "Public property" means lands and improve-
ments owned by the Federal Government, the State
of Florida, the county, or municipalities, lying within
the county and includes buildings, grounds, parks,
playgrounds, streets, sidewalks, parkways,
rights-of-way, and other similar property.
(d) "Enforcement officer" means sheriff, director
of public safety, police chief, marshal, or any other
officer designated by law, charter, ordinance, or reso-
lution of the provisions of this section.
610.03 Abandoned Property on Public Property
(3)(a) Whenever the enforcement officer of the City
of Cape Canaveral shall ascertain
that an article of abandoned property is present on
public property within the limits of the City of Cape
Canaveral, he shall cause a notice to be placed
upon such article in substantially the following form:
NOTICE TO THE OWNER AND ALL PER-
SONS INTERESTED IN THE ATTACHED
PROPERTY. This property, to wit: (setting forth
brief description) is unlawfully upon public property
known as (seting forth brief description of location)
and must be removed within 10 days from date of
this notice; otherwise it shall be presumed to be
abandoned property and will be removed and de-
stroyed by order of the City of Cape Canaveral's
City Council. Dated this: (setting forth the date of the post-
ing of notice). Signed: (setting forth name, title, ad-
dress, and telephone number of enforcement officer).
(B) Such notice shall be not less than 8 inches by 10 inch-
es and shall be sufficeint weatherproof to withstand
normal exposure to the elements. In addition to post-
ing, the enforcement officer shall make reasonable ef-
fort to ascertain the name and address of the ower,
and if such is reasonable available to the enforcement
officer he shall mail a copy of such notice to the own-
er on or before the date of posting.
(C) If at the end of 10 days after posting such no-
tice the owner or any persons interested in the aban-
doned article or articles described in such notice has
not removed the article or articles from public prop-
erty or shown reasonable cause for failure so to do,
the enforcement officer may cause the article or arti-
cles of abandoned property to be removed and de-
stroyed, and the salvage value, if any, of such article
or articles shall be retained by to be applied against
the cost of removal and destruc-
tion thereof.
601.05 Abandoned Property on Private Property
(4)(a) Whenever the enforcement officer of the
City of Cape Canaveral shall ascertain that an article
or articles of abandoned property within the limits of
the City of Cape Canaveral or unincorporated area
of the county if a county, in voliation of any zoning
ordinance or regualtion, antilitter ordinance or
regulation, or other similar ordinance or regulation of
such local government, the enforcement officer shall
cause a notice to be placed upon such article in
substantially the following form:
NOTICE TO THE OWNER AND ALL PER-
SONS INTERESTED IN THE ATTACHED
PROPERTY. This property, to wit: (setting forth
brief description) located at (setting forth brief de-
description of location) is improperly stored and is in
violation of (setting forth ordinance or regulation vio-
lated) and must be removed within 10 days from date
of this notice; otherwise it shall be presumed to be
abandoned property and will be removed and de-
stroyed by order of the City of Cape Canaveral's
City Council. Dated this: (setting forth date of posting
of notice). Signed: (setting forth name, title, address,
and telephone number of enforcement officer).
(B) Such notice shall not be less than 8 inches by 10 inch-
es and shall be sufficiently weatherproof to withstand
normal exposure to the elementsl for a period of 10
days. In addition to posting, the enforcement officer
shall mail a copy of the notice to the owner of the real
property upon which the abandoned articles are lo-
1032
F.S. 1981 SEIZED,ABANDONED,WRECKED,OR DERELICT PROPERTY Ch.705
cated,as shown by the real estate tax records used by
on or before the date of posting
of such notice.
(C) If at the end of 10 days after posting such no-
tice the owner or any person interested in the aban-
doned article or articles described in such notice has
not removed the article or articles and complied with
the ordinance or regulation cited in the notice, the
enforcement officer may cause the article or articles
of abandoned property to be removed and destroyed,
and the salvage value, if any, of such article or arti-
cles shall be retained by to be
applied against the cost of removed and destruction
thereof.
510.05. Penalty. Whoever opposes, obstructs, or resists any en-
forcement officer or any person authorized by the en-
forcement officer in the discharge of his duties as
provided in this section upon conviction shall be
guilty of a misdemeanor of the second desgree, pun-
ishable as provided in 801.01.
510.06. Any enforcement officer or any person autho-
rized by the enforcemnet officer shall be immune
from prosecution, civil or criminal, for reasonable,
good faith tresspass upon real property while in the
discharge of duties imposed by this chapter.
705.17 Exceptions.-The provisions of ss.
705.01-705.16 of this chapter shall not be applied to
any personal property lost or abandoned on the cam-
pus of any institution in the State University System.
History.-s. 1, ch. 71-75.
705.18 Disposal of personal property lost or
abandoned on university or community college
campuses; disposition of proceeds from sale
thereof.-
(1) Whenever any lost or abandoned personal
property shall be found on a campus of an institution
in the State University System or a campus of a
state-supported community college, the president of
the institution or his designee shall take charge
thereof and make a record of the date such property
was found. If, within 30 days after such property is
found, it is not claimed by the onwer, the president
shall order it sold at public outcry after giving notice
of the time and place of the sale in a publication of gener-
al circulation on the campus and written notice to the
owner if known. The rightful owner of such property
may reclaim same at any time prior to sale.
(2) All moneys realized from such sale shall be
placed in an appropriate fund and used solely for stu-
dent scholarship and loan purposes.
History.-s. 1, ch. 71-65; s. 1, ch. 77-131
705.19 Abandonment of animals by owner;
procedure for handling.-
(1) Any animal placed in the custody of a licensed
veterinarian or bone fide bording kennel for treat-
ment, boarding, or other care, which shall be aban-
doned by its owner or his agent for a period of more
than 10 days after written notice is given to the own-
er or his agent at his last known address may be
turned over to the custody of the nearest humane so-
ciety or dog pound in the area for disposal as such
custodian may deem proper.
(2) The giving of notice to the onwer, or the agent
of the owner, of such animal by the licensed veteri-
narian or kennel operator as provided in subsection
(1) shal relieve the veterianrian or kennel properator
and any custodian to whom such animal may be giv-
en of any further liability for disposal. Such proce-
dure by a licensed veterinarian shall not constitute
grounds for disciplinary procedure under chapter
474.
(3) For the purpose of this section, the term "a-
bandonment" means to forsake entirely or to neglect
or refuse to provide or perform the legal obligations
for care and support of an animal by its owner or his
agent. Such abandonment shall constitute the relin-
quishment of all rights and claim by the owner to
such animal.
History.-ss. 1, 2, ch. 79-228; ss.1, 2, 25. 81-157; s. 3, ch. 81-318.
1033
Ch.705 SEIZED, ABANDONED, WRECKED,OR DERELICT PROPERTY F.S. 19[cutoff text]
CHAPTER 705
SEIZED, ABANDONED, WRECKED,OR DERELICT PROPERTY
705.01 County court judge to order sale.
705.02 Mode of ascertaining salvage.
705.03 Disposition of proceeds of sale.
705.05 Sheriff to report to county court judge.
705.06 Recovery from person wrongfully in posses-
sion.
705.07 Finder of derelict goods failing to report.
705.08 Finder appropriating derelict goods.
705.09 Disposition and appraisal of property seized.
705.10 Notice of seizure and order to show cause.
705.11 Notice of seizure and order to show cause
when owners of property are unknown.
705.12 Proceeding when claim filed.
705.13 Judgement of fortfeiture.
705.14 Disposition of proceeds of forfeiture.
705.15 Fees for services.
705.16 Abandoned property; supplemental proce-
dure for removal and destruction.
705.17 Exceptions.
705.18 Disposal of personal property lost or aban-
doned on university or community college
campuses; disposition of proceeds from
sale thereof.
705.19 Abandonment of animals by owner; proce-
dure for handling.
705.01 County court judge to order sale.-
(1) Whenever any wrecked derelict goods or
abandoned motor vehicle shall be found in any coun-
ty in this state, the county court judge shall ascertain
the amount and situation of the same and by his
written order shall cause the sheriff to take charge
thereof and sell the same at public outcry, after giv-
ing a reasonable public notice of the time and place
of such sale.
(2) Whenever any confiscated or contraband per-
sonal property of any description shall come into the
possession or custody of the sheriff by seizure in the
performance of his duty or otherwise which is subject
to forfeiture and sale under any provision of the
State Constitution or statutes, other than under the
provisions of the Florida Contraband Forfeiture Act,
such property shall be disposed of as hereinafter pro-
vided.
History.-s. 1, ch. 1005, 1859; RS 2010; GS 2532; RGS 3887; CGL 5794; s. 1,
ch. 22031, 1943; s. 1, ch. 63-267; s. 26, ch. 73-334; s. 2, ch. 78-150; s. 10, ch. 80-68,
cf.-ss. 932.701-932.704 Florida Contraband Forfeiture Act.
705.02 Mode of ascertaining salvage.-In or-
der to ascertain the quantum of salvage to be paid to
the person finding and reporting such wrecked dere-
lict goods, abandoned motor vehicle, or other person-
al property, the county court judge shall appoint two
disinterested citizens of the country as arbitrators
(who shall be authorized in case of disagreement to
select an umpire), who shall determine the quantum
of salvage, not to exceed one-half the proceeds of
such goods, to be paid to the salvors or persons find-
ing and reporting such goods, and the county court
judge shall draw his order upon the sheriff, who shall
pay the same for the amount so awarded in favor of
the salvors or persons finding and reporting.
History.-s. 2, ch. 1005, 1859; RS 2011; GS 2533; RGS 3888; CGL 5795; s. 2,
ch. 22031, 1943; s. 26, ch. 73-334.
705.03 Disposition of proceeds of sale.-[cutoff text]
sheriff shall pay the balance of the proceeds of s[cutoff text]
sale, after paying to the county court judge 1 per[cutoff text]
of the balance for his services, into the State T[cutoff text]
sury for the benefit of the State School Fund and[cutoff text]
less the same shall be claimed and proceedsings i[cutoff text]
to validate said claim within 1 year and a [cutoff text]
the said proceeds shall be forever forfeited to[cutoff text]
State School Fund.
History.-s. 3, ch. 1005, 1859; RS 2012; GS 2534; RGS 3889; CGL 579[cutoff text]
ch. 63-267; s. 26, ch. 73-334.
705.05 Sheriff to report to county court
judge.-The sheriff shall place in the hands of[cutoff text]
county court judge within 1 month of the tim[cutoff text]
which any money is received a statement of[cutoff text]
amount of money received by him, the time at w[cutoff text]
and the source from which, said money was recei[cutoff text]
which statment shall be kept by the county[cutoff text]
judge, and a copy thereof forwarded without un[cutoff text]
essart delay to the Department of Banking and[cutoff text]
nance.
History.-s. 6, ch. 344, 1850; RS 2014; GS 2535; RGS 3891; CGL 5798[cutoff text]
35, ch. 89-106; s. 26, ch. 73-334.
705.06 Recovery from person wrongfully in
possession.-Whenever any property descib[cutoff text]
this chapter, chapter 706, or chapter 707, is a[cutoff text]
tained to be wrongfully withheld and the pers[cutoff text]
possession refused to give it up to the sheriff o[cutoff text]
mand, the county attorney of thhe county in whic[cutoff text]
property is situated, or the city attorney, if wit[cutoff text]
municipality, when requires to do so by the sh[cutoff text]
shall enter a suit for said property and prosecut[cutoff text]
a final recovery. All moneys derives from[cutoff text]
sources shall be paid by the sheriff into the[cutoff text]
Treasury for the benefit of the State School Fu[cutoff text]
History.-ss. 4, ch. 344, 1850; RS 2015; GS 2537; RGS 3892; CGL
4, ch. 63-267.
705.07 Finder to derelict goods failing to re-
port.-Whoever finds wrecked or derelict good[cutoff text]
fails to report them to the county court judge[cutoff text]
county wherein the same are found shall be gu[cutoff text]
a misdemeanor of the second degree, punisha[cutoff text]
provided in s. 775.083.
History.-s. ch. 1005; 1859; RS 2501; GS 3384; RGS 5232; CG[cutoff text]
681, ch. 71-136; s. 26, ch. 73-334.
705.08 Finder appropriating derelict goods.
-Whoever finds wrecked or derelict goods a[cutoff text]
cretes or appropriates the same to his own u[cutoff text]
shall refuse to deliver the same when required[cutoff text]
be guilty of a misdemenaro of the second d[cutoff text]
punishable as provided in 775.083.
History.-RS 2502; GS 3385; RGS 5233; CGL 7352; s. 682, ch. 71-[cutoff text]
705.09 Disposition and appraisal of proper-
ty seized.-
(1) When personal property not subject[cutoff text]
summarily destroyed is seized by the sheriff pu[cutoff text]
to any of the provisions of the law of this sta[cutoff text]
mitting forfeiture thereof or when property sei[cutoff text]
1030
F.S. 1984 SEIZED, ABANDONED, WRECKED, OR DERELICT PROPERTY Ch. 705
any other officer is delivered to the sheriff under
such provisions, other than under the provisions of
the Florida Contraband Forfeiture Act, the sheriff
shall forthwith fix the approximate value thereof and
make report thereof to the county court judge. The
report shall contain a schedule of the property seized,
a full statement of the facts giving cause fort said sei-
zure, the name and position of the person making the
seizure, the name and address of the owners or per-
sons having possession of the property seized, and
the names and addresses of all persons, firms or cor-
porations known to the sheriff to have an interest in
the property seized.
(2) The sheriff shall hold the property seized
pending an order of disposal by the court.
History.-s. 5, ch. 63-267; s. 26, ch. 73-334; s. 11, ch. 80-68.
cf.-ss. 932.701-932.704 Florida Contraband Fortfeiture Act.
705.10 Notice of seizure and order to show
cause.-
(1) The county court judge upon receiving the re-
port and schedule of the sheriff shall treat it as a pe-
tition or libel in rem for the forfeiture of the property
therein described. The report shall be sufficient as
said petition of libel notwithstanding the fact that it
may not cintain a formal prayer or demand for for-
feiture. The report shall be subject to amendment at
any time before final hearing upon due notice to all
interested parties.
(2) Upon the filing of the report, the county court
judge shall cause to be issued a citation directed to all
persons, firms, and corporations owning, having, or
claiming any interest in or lein upon the seized prop-
erty, giving notice of the seizure and directing all
such persons, firms, and corporations to file their
claims stating their particular interest in said proper-
ty. All persons, firms, and corporations personally
served shall file their claims within 20 days after re-
ceiving service of the citation. The citation shall set
the time for filing a claim for interested parties not
personally served not the exceed 30 days from the date
the report was filed. Personal service shall be made
on all parties in the state having liens noted upon a
certificate of title as shown by the records of the De-
partment of Highway Safety and Motor Vehciles.
History.-s. 5, ch. 63-267; s. 6, ch. 65-190; ss. 24, 35, ch. 69-106; s. 26, ch.
73-334.
705.11 Notice of seizure and order to show
cause when owners of property are unknown.
-When personal property not subject to summary
destruction is seized by the sheriff pursuant to any of
the provisions of the law in this state permitting for-
forfeiture of said property, or when property seized by
any other officer is delivered to the sheriff, and the
name of the owners of said property or the names of
any person, firm, or corporation having an interest in
or lien upon said property cannot be ascertained, the
sheriff shall give notice of seizure and an order to
show cause why the property should not be forfeited
and sold by publication for a period of 30 days in the
manner provided in chapter 50.
History.-s. 5, ch. 63-267.
705.12 Proceeding when claim filed.-When
one or more claims are filed in the cause, the cause
shall be tried upon the issues made thereby with the
petition for forfeiture with any affirmative defenses
being deemed dined without further pleading. Judg-
ment by default shall be entered against all other
persons, firms, and corporations owning, claiming, or
having an interest in and to the property seized, after
which the cause shall proceed as in other common
law cases; except any claimany shall provde to the sat-
isfaction of the court that he did not know or have
any reason to believe, at the time hsi right, title in-
terest, or lien arose, that the property was being used
for, or in connection with, the violating of any of the
statutes or laws of this state makin such property
subject to such forfeiture, and further, that at such
time there was no reasonable reason to believe that
said property might be used for such purpose. Where
the owner of the property has been convicted of the
violation of a statute or laws of the state which pro-
vide for the seizure and forfeiture of property, such
conviction shall be prima facie evidence that eahc
claimant had reason to believe that the property
might be used for, or in connection with a violation
of, such statutes and laws, and it shall be incumbent
upon such claimant to satisfy the court that he was
without knowledge of such conviction.
History.-s. 5, ch. 63-267.
705.13 Judgement of forfeiture.-On final
hearing the report of the sheriff to the county court
judge shall bet aken as prima facie evidence that the
property seized was, or had been, used in, or in con-
nection with, the violating of the statutes and laws of
this state subjecting the property involved to foefei-
ture and sale, and shall be sufficient predicate for a
judgement of forfeiture int he absence of other proofs
and evidence. The burden shall be upon the claim-
ants to show that the property was not so used or, if
so used, that they had no knowledge of such violation
and no reason to believe that the seized property was
or would be used for the violation of such statutes
and laws. Where such properties and encumbered by
a lien or retained title agreemnt under circum-
stances wherein the lienholder had no knowledge
that the property was or would be used in violating
such statutes and laws, and no reasonable reason to
believe that it might be so used, then the court may
declare a forfeiture of all the rights, titles, and inter-
est, subject, however, to the lien of such innocent
lienholder, or may direct the payment of such a lien
from the proceeds of any sale of said property. The
proceedings and judgement of forfeiture shall be in
rem ashall be primarily against the property itself.
Upon the entry of a judgement of forfeiture the court
shall determine the disposition to be made of the
property, which may include the destruction thereof,
the sale thereof, the allocation thereof to some other
governmental function or use, or otherwise, as the
court may determine. If any of the property declated
forfeited is of such a nature as to be readily adaptable
for use in the office of sheriff, the sheriff of the coun-
ty involved shall be allowed to requisition such items
of the forfeited property before any other disposition
is made under the judgement. The sheriff's requisition
shall be filed before judgement, and the property req-
1031