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HomeMy WebLinkAboutOrdinance No. 07-1993ORDINANCE NO. 07 -93 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REPEALING AND REENACTING CHAPTER 610, ABANDONED PROPERTY OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL; PROVIDING DEFINITIONS; PROVIDING FOR DISPOSITION OF ABANDONED OR LOST PROPERTY ON PUBLIC PROPERTY; PROHIBITING ABANDONMENT OF PROPERTY ON PRIVATE PROPERTY; PROVIDING FOR THE ISSUANCE OF A NOTICE TO ABATE; PROVIDING CODE ENFORCEMENT BOARD HEARING PROCEDURES; PROVIDING FOR COMPLIANCE WITH THE NOTICE OR ORDER TO REMOVE AND REMOVAL BY THE CITY UPON NONCOMPLIANCE; REQUIRING NOTIFICATION TO OWNER; PROVIDING FOR DISPOSITION OF PROPERTY BY THE CITY; PROVIDING FOR REDEMPTION PRIOR TO SALE; IMPOSING LIABILITY ON OWNER FOR TOWING AND STORAGE EXPENSES AND IMPOSING A LIEN ON PRIVATE PROPERTY; PERMITTING ENTRY UPON PROPERTY BY CODE ENFORCEMENT AUTHORITY; PROVIDING FOR ADDITIONAL REMEDIES; PROVIDING A PENALTY FOR OBSTRUCTION; PROVIDING FOR SEVERABILITY; PROVIDING FOR A REPEAL OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, as follows: SECTION 1. Chapter 610 entitled "Abandoned Property" of the Code of the Code of Ordinances of the City of Cape Canaveral is hereby repealed in its entirety and re- enacted as follows: CHAPTER 610. ABANDONED PROPERTY. Sec. 610.01. Definitions. The following words, terms and phrases, when used in this Chapter shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Abandoned Property means all tangible personal property which does not have an identifiable owner and has been disposed of in a wrecked, inoperative or partially dismantled condition or which has no apparent intrinsic value to the rightful owner. Abandoned property shall include, but not be limited to, motor vehicles, machinery, refrigerators, washing machines, plumbing fixtures, and furniture which has been left unprotected from the elements. Enforcement authority shall mean the person designated by the City Manager to enforce this Chapter, his agents and designees. Inoperable motor vehicle shall mean a motor vehicle whi h does not have affixed thereto a current license plate and vehicle registration; provided, however, this definition shall not apply to vehicles owned or leased by an automobile dealer, provided that such dealer shall possess a current, valid occupational license and the vehicles are stored on property which is properly zoned and approved for use as an automobile dealership. City of Cape Canaveral, Florida Ordinance No. 07 -93 Page 2 Motor vehicle shall mean a vehicle or conveyance which is self - propelled and designed to travel along the ground, and includes, but is not limited to, automobiles, buses, mopeds, motorcycles, trucks, tractors, go- carts, golf carts, campers, motor homes and trailers. Private property shall mean any real property within the City which is privately owned and which is not defined as public property herein. Public property shall mean any property in the City which is owned by a governmental body and buildings, parking lots, parks, streets, sidewalks, swales, rights - of -way, easements and other similar property, except paved portions of rights -of -way. Sec. 610.03. Property Abandoned or Lost on Public Property. Any abandoned property or lost property present on public property shall be taken into custody by law enforcement personnel and disposed of in accordance with Chapter 705, Florida Statutes, or any successor law or statute. Sec. 610.05. Storing, Parking or Leaving on Private Property. A. No person shall park, store, leave or permit the storing or leaving of any abandoned property or inoperable motor vehicle of any kind, whether attended or not, upon any private property within the City; except that, with respect to an inoperable motor vehicle, such vehicle may be parked, stored or left on the property for a period of time not to exceed 72 hours. The presence of such abandoned property, and inoperable vehicles, or parts thereof, on private property is hereby declared a public nuisance which may be abated in accordance with the provisions of this Chapter. (1) This section shall not apply to: (a) Any property stored within a building; (b) Any property stored at a licensed salvage facility or disposal site; (c) Any motor vehicle parked or stored within a building or carport on private property; or (d) Any motor vehicle held in connection with a business enterprise lawfully licensed by the City for the servicing and repair of such vehicles and properly operated in an appropriate business zone pursuant to the zoning ordinances of the City. Sec. 610.07. Notice to Abate. A. Issuance. Whenever it comes to the attention of the enforcement authority that any nuisance as defined in Section 610.05 appears to exist on private property, he shall cause a written notice to be affixed to the property, declaring the existence of the nuisance and City of Cape Canaveral, Florida Ordinance No. 07 -93 Page 3 ordering whomever has an interest in the property to comply with this Chapter by removing the abandoned property or inoperable vehicle within 72 hours of the notice. In addition to the foregoing notice, a copy of the notice shall be delivered to the owner or occupant of the private property; if a copy of the notice cannot be delivered to the owner or occupant, a copy of the notice shall be left at the property, with a duplicate copy sent to the owner or occupant of the property by certified mail, return receipt requested. B. Contents. The notice shall contain the request for removal within the time specified in A. above, and the notice shall advise that upon failure to comply with the notice of removal the enforcement authority shall undertake such removal, with the cost of removal to be levied against the owner or occupant of the property. The notice shall also advise the person to whom the notices are applicable of his right to contest the determination of the enforcement authority that a violation under this Chapter exists by requesting a hearing before the Code Enforcement Board and that, if such a hearing is desired, the request can be made by filing a written request with the Code Enforcement Board Secretary. A request for a hearing must be made within the time for removal set forth in A. above. Sec. 610.09. Code Enforcement Board Hearing Procedures. A. Setting hearing date; notice of hearing. Upon receiving a request for a hearing pursuant to this Chapter, the Code Enforcement Board Secretary shall set the hearing before the next regular meeting of the Code Enforcement Board. Notice of the hearing shall be given to the person requesting the hearing and to the enforcement authority. No other notices are required. A request for hearing under this Section stays all enforcement proceedings until an order of the Code Enforcement Board is entered. B. Conduct of hearing. Hearings under this article shall be conducted under and governed by the procedures set forth in Chapter 265. C. Board determination. The Code Enforcement Board shall determine either that there exists a nuisance as defined herein or that there does not exist a nuisance as defined herein. With reference to hearings under this Chapter, the Code Enforcement Board has no other authority and is not authorized to modify or vary the terms and conditions contained herein. D. Issuance, filing of board order. The Code Enforcement Board shall issue a written order, either finding the existence of a nuisance or finding that a nuisance does not exist. Sec. 610.11. Compliance with Notice or Order to Remove; Removal by City Upon Non - Compliance. Within the time for removal set forth in the notice for removal, or within 48 hours of the date on which on order is entered by the Code Enforcement Board affirming City of Cape Canaveral, Florida Ordinance No. 07 -93 Page 4 the determination of the enforcement authority, the owner of the abandoned property or inoperable vehicle and the owner or occupant of the private property on which the same is located, either or all of them, shall cause the removal of the vehicle. If the violation is not remedied within the time set forth herein, the enforcement authority shall have the right to take possession of the abandoned property or inoperable vehicle and remove it from the premises. In the event of removal and disposition of the abandoned property or inoperable vehicle by the enforcement authority, the owner of the abandoned property or inoperable vehicle and the owner and occupant of the private property from which the abandoned property or inoperable vehicle is removed shall be jointly and severally liable for the expenses incurred in so doing. It shall be unlawful for any person to interfere with, hinder or refuse to allow the enforcement authority to enter upon private property for the purpose of removing the abandoned property or inoperable vehicle under the provisions of this Chapter. Sec. 610.13. Notification of Owner, Other Interested Parties Following Removal by City. A. Notice to owner. The enforcement authority, after taking possession of any motor vehicle pursuant to this Chapter, shall furnish notice in accordance with this Section by certified mail, return receipt requested, to the owner of the motor vehicle at his last known address within 15 days of the date on which possession of the motor vehicle is taken, with a copy of the notice to the owner or occupant of the property from which the motor vehicle was taken. B. Notice to state, other official agencies. The enforcement authority shall also contact the State Department of Motor Vehicles and such other agencies and departments of government in this and other states as are reasonably necessary to ascertain the names and addresses of other persons with record interest in any motor vehicle, including lienholders. Such other persons shall be given notice in the same manner as stated in A. above. C. Contents of notice. Notice under this Section shall contain the following information: (1) For any motor vehicle taken into possession by the enforcement authority pursuant to this Chapter: (a) The year, make, model and serial number of the motor vehicle; (b) The name and address of the last - known registered owner of the motor vehicle, if available; (c) The vehicle registration number and the title registration number of the motor vehicle, if available; (d) The date on which the motor vehicle was removed; (e) The location from which the motor vehicle was removed; City of Cape Canaveral, Florida Ordinance No. 07 -93 Page 5 (f) The location at which the motor vehicle is being stored. (2) For any abandoned property other than a motor vehicle taken into possession by the enforcement authority pursuant to this Chapter, a description sufficient to identify the property with reference to the type of property and any manufacturer's name and serial number apparent to the enforcement authority. The notice shall also advise the persons to whom it is given that the person who is entitled to possession of the abandoned property or inoperable vehicle may reclaim it upon payment to the City of all charges incurred by the City in the removal and storage thereof, except that if such reclamation is not made within thirty (30) days after the date of the notice, the right to reclaim the abandoned property or inoperable vehicle as well as all right, title and interest of the person in the abandoned property or inoperable vehicle shall be deemed to be waived and such person shall be deemed to have consented to the disposition of the abandoned property or inoperable vehicle by the City. D. Notice by publication. If unable to identify properly the last registered owner of any abandoned property or inoperable motor vehicle, or if unable to obtain with reasonable certainty the name and address of the owner or other interested party, including lienholder, or if any person shall refuse notice by certified mail, it shall be sufficient notice under this section to publish the notice described in C. above once in one (1) newspaper of general circulation in the City. Such notice by publication may contain multiple listings of abandoned property or inoperable vehicles. E. Documentation filed with state. A copy of any notice required in this Section for motor vehicles, as well as a copy of any certificate of sale issued hereunder by the City, shall be forwarded to the State Division of Motor Vehicles. city. Sec. 610.15. Disposition of Property Removed by A. If in the opinion of the City Manager, the value of any abandoned property or an inoperable motor vehicle is less than $250.00, and after the notices have been given as provided in Sec. 610.13, the City Manager may summarily dispose of the abandoned property or inoperable motor vehicle on terms deemed advisable by the City Manager after the passage of thirty (30) days from the date of the notice required in Sec. 610.13. If notice has been published, disposition may take place after thirty (30) days of the date of publication. B. If in the opinion of the City Manager, the value of the abandoned property or an inoperable motor vehicle exceeds $250.00, the abandoned property or inoperable motor vehicle shall be disposed of at public sale in accordance with the provisions of subsection C. below. Any public sale shall be held not sooner than thirty (30) City of Cape Canaveral, Florida Ordinance No. 07 -93 Page 6 accordance with the provisions of subsection C. below. Any public sale shall be held not sooner than thirty (30) days from the date on which the notice is given pursuant to Sec. 610.13. C. If it is necessary that abandoned property or an inoperable motor vehicle be sold at public sale, at least twenty -one (21) days prior to the sale, the City Manager shall cause a notice to be published once in a newspaper of general circulation in the City, which notice shall state: (1) The sale of the abandoned property or inoperable motor vehicle in possession of the City by virtue of a seizure pursuant to this Chapter; (2) A description of the abandoned property or inoperable motor vehicle, including make, model, license number, title number, vehicle identification number, and any information which will accurately identify the property; (3) The terms of the sale for the date, time and place of the sale. The City Manager shall also cause a copy of this notice to be mailed to the last known registered owner of any inoperable motor vehicle and to the owner or occupant of the property from which the abandoned property or the inoperable motor vehicle was taken (unless they are the same), and to any other persons known to the City Manager to be interested in any abandoned property or inoperable motor vehicle. D. On the date, time and place set forth in the notice, the abandoned property or inoperable motor vehicle shall be sold by sealed bids to the highest and best bidder. The purchase price shall be cash and, at the time of payment of the purchase price, the City Manager shall execute a certificate of sale for the inoperable motor vehicle or a bill of sale or certificate of sale for the abandoned property in duplicate, the original of which is to be given to the purchaser and a copy to be retained by the City. Any bill of sale or certificate of sale issued pursuant to this Section shall not guarantee title or purport to give any title to the abandoned property or the inoperable motor vehicle greater than that which is possessed by the City. Should the sale be invalid for any reason, the liability of the City shall be limited to the return of the purchase price upon return of the abandoned property or inoperable motor vehicle. E. Distribution of sale proceeds. Proceeds of any sale pursuant to this Section, after payment of all the costs of sale, including notice and publication costs, and the expenses of the City in taking into possession and storing the abandoned property or inoperable motor vehicle shall be held in suspense by the City for a period of thirty (30) days from the date of the receipt of the funds, during which time, upon presentation of proper evidence of ownership of the disposed abandoned property or inoperable motor vehicle to the City Manager, City of Cape Canaveral, Florida Ordinance No. 07 -93 Page 7 the owner of the abandoned property or inoperable motor vehicle may recover back from the City the proceeds, less the costs and expense as above stated. After thirty (30) days the proceeds may be distributed to the general fund of the City. Sec. 610.17. Redemption Prior to Sale by City. The owner of any property which has come into the possession of the City under the provisions of this Chapter may redeem such property after its removal, but prior to its disposition, upon presentation of proper evidence of ownership and payment to the City of all charges incurred regarding towing, storing and expenses of the sale, if any. This right of redemption shall expressly terminate upon disposition of the property by the City. Sec. 610.19. Liability of Owner for Towing, Storage Expenses; Collection of a Lien on Private Property. Any person from whose private property abandoned property or an inoperable motor vehicle is removed and stored pursuant to this Chapter is liable to the City for the expenses incurred by it in the removing, towing, storing or disposing of the abandoned property or inoperable motor vehicle. In the event of the failure of pay such charges to the City if the abandoned property or inoperable motor vehicle is redeemed or if the disposition of the abandoned property or inoperable motor vehicle fails to generate sufficient funds to cover the costs of removing, towing, storage and disposition, the person from whose private property abandoned property or inoperable motor vehicle was removed shall pay to the City any costs incurred; if these costs are not paid to the City immediately upon redemption or within sixty (60) days upon sale, they shall constitute a lien on the private property for the amount of the costs, which lien, upon proper recordation, may be foreclosed in such a manner as other items are foreclosed according to general law. Sec. 610.21. Entry Upon Private Property Authorized. The enforcement authority 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. 610.23. Additional Remedies. In addition to the provisions of this Chapter, any person who has violated any of the provisions of this Chapter shall be subject to all provisions regarding enforcement of ordinances contained in this Code, including the remedies provided by Chapter 265. Sec. 610.25. Penalty. Whoever opposes, obstructs or resists the enforcement authority or any person authorized by the enforcement authority in the discharge of duties provided City of Cape Canaveral, Florida Ordinance No. 07 -93 Page 8 for in this Chapter shall be guilty of a misdemeanor, punishable as provided in Section 801.01 of the Code of Ordinances. SECTION 2. Severability. If any section, paragraph, phrase, or word of this Ordinance is held to be unconstitutional or invalid, such portion shall not affect the remaining portions hereof and it shall be construed to have been a legislative intent to pass this Ordinance without such unconstitutional or invalid part. SECTION 3. Conflicting Provisions. Any ordinance, or parts of an ordinance, in conflict herewith are repealed. SECTION 4. Effective Date. This ordinance shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Brevard County, Florida, this 20th day of April ATTEST: 1993. Salamone, MAYOR First Reading 4/6/93 Posted: 4/7/93 Advertised: 4/10/93 Second Reading: 4/20/93