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HomeMy WebLinkAboutOrdinance No. 04-1976Cape NNE & 8LM L 344-80 ORDINANCE NO. 4 -76 AN ORDINANCE PROVIDING FOR THE DISPOSITION OF ABANDONED, FOUND OR VALIDLY SEIZED PROP- ERTY IN THE POSSESSION 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 Canaveral, Florida, as follows: SECTION 1. Purpose. The purpose of this of 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 work "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. 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. MICRO :MED 3TI4-g 0 � i• Street of 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. 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) dgys, the City Clerk shall be so notified and may dispose of the said property in accordance with the provisions of this ordinance. SECTION 5. 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. SECTION 6. Notice to owner or all persons interested in attached property located on private or public property. (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 MICROFILMED 344 -$0 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)." (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. (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 ARDINNNCE 4.76 PAGE 3 OF 6- - MICROFILMED 344. 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. SECTION 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 or 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 Gape 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- • MICHWILME6 1 3 -14-80 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 (301 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. 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. 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. 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. SECTION 12. All ordinances or parts thereof, or all sections ORDINANCE 4,76 PAGE 5 OF 6- F 1 1 MICROFILMED 8-14-80 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. Approved as to form: 1 NIACL A°a° NICHOLAS S &LVAGG' TFIURM FIRST READING: POSTED: ADVERTISED: SECOND READING: 4 -13 -76 4 -14 -76 4 -19 -76 5 -18 -76 QRDTN,ANCE 4 -76 PAGE 6 OF 6-