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HomeMy WebLinkAboutOrdinance No. 32-1986MICROFILMED AUG 87 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Procedure for Removal and Destruction ", of the Code of Ordinances of the City of Cape Canaveral, Florida, is hereby repealed in its entirety, and replaced with the following: CHAPTER 610 ABANDONED PROPERTY, JUNK, JUNK VEHICLES; SUPPLEMENTAL PROCEDURE FOR REMOVAL & DISPOSAL Sec.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 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 MICROFILMED AUG 87 playgrounds, streets, sidewalks, parkways, rights - of -way, and other similar property. Local Government means the City Council of the City of Cape Canaveral, Florida. 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: 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. 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 MICROFILMED AUG 87 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. 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 MICROFILMED AUG 87 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. 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. 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. Mayor First Reading Posted: Advertised: Second Readsn : November 6, 1986 November 7, 1986 November 8, 1986 November 18, 1986 ORDINANCE NO. 32 -86 PAGE 4 OF 4 PAGES