74-86 ORDINANCE NO. 74-86
AN ORDINANCE OF THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 14, "JUNK, JUNK YARDS AND AUTO-
MOTIVE REPAIRS", OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, FLORIDA, BY REPEALING ARTICLE
I, "IN GENERAL"; BY ENACTING A NEW ARTICLE I,
"ABANDONED PROPERTY", TO PROVIDE FOR THE DISPOSITION
OF WRECKED AND ABANDONED PROPERTY WITHIN THE CON-
FINES OF DELRAY BEACH, FLORIDA; BY ENACTING A NEW
SECTION 14-1 "DEFINITIONS", BY ENACTING A NEW
SECTION 14-2, "ABANDONMENT OF PROPERTY OR WRECKED OR
INOPERABLE MOTOR VEHICLES ON PUBLIC PROPERTY PROHI-
BITED AND DECLARED A NUISANCE" PROVIDING FOR A
PROHIBITION AGAINST THE STORAGE OF ABANDONED,
WRECKED OR INOPERABLE MOTOR VEHICLES ON PUBLIC
PROPERTY AND PROVIDING A NOTICE PROVISION PROVIDING
FOR REMOVAL OF SAID PROPERTY; BY ENACTING A NEW
SECTION 14-3 "STORING, PARKING, OR LEAVING WRECKED
OR INOPERABLE MOTOR VEHICLES ON PRIVATE PROPERTY,
PROHIBITED AND DECLARED A NUISANCE; EXCEPTIONS",
PROVIDING A PROHIBITION AGAINST THE STORAGE OF
PERSONAL PROPERTY ON PRIVATE REAL PROPERTY, PROVID-
ING FOR EXCEPTIONS, PROVIDING A NOTICE CLAUSE,
PROVIDING A HEARING, AND PROVIDING FOR REMOVAL OF
THE PROPERTY; BY ENACTING A NEW SECTION 14-4 "NUI-
SANCE ABATEMENT BID PROCEDURE"; BY ENACTING A NEW
SECTION 14-5, "ASSESSMENT OF COSTS, INTEREST AND
ATTORNEY FEES; LIEN,", PROVIDING FOR THE ASSESSMENT
OF COSTS AND ENFORCEMENT OF SUCH COSTS; BY ENACTING
A NEW SECTION 14-6 "REPAIR OPERATIONS TO BE CON-
CEALED", PROVIDING FOR SCREENING OF REPAIR WORK; BY
AMENDING ARTICLE II, "JUNKYARDS" ENACTING A NEW
SECTION 14-17, "DEALERS TO KEEP RECORDS PROVIDING
FOR RECORD KEEPING BY JUNK DEALERS; PROVIDING A
GENERAL REPEALER CLAUSE, PROVIDING A SAVINGS CLAUSE
AND PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE BE IT ORDAINED BY'THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
~. That Chapter 14, "Junk, Junkyards, and Automotive
Repairs", Article I, "In General" of the Code of Ordinances of the City
of Delray Beach, Florida is hereby repealed in its entirety.
~. That Chapter 14, "Junk, Junkyards, and Automotive
Repairs", of the Code of Ordinances of the City of Delray Beach, Flor-
ida, is hereby amended by enacting a new Article I, "Abandoned Proper-
ty", to read as follows:
14,1 ~ Definitions. For the purposes of this article, the
following words and phrases shall have the meaning set forth herein.
According 'to context, words used in the present tense include the
future, singular words include the plural, plural words include the
singular, and masculine words shall include the feminine gender.
(1) "Antique Motor Vehicle" is any motor vehicle of the age
of thirty-five (35) years or more which is registered
with the State of Florida pursuant to Florida Statute
Section 320-086.
(2) "City" is the City of Delray Beach, Florida.
(3) "Enforcement Officer" means those employees or other
agents of the City designated by ordinance, or duly
authorized and appointed by the City Manager, whose duty
it is to enforce City Codes. This definition shall
include law enforcement officers.
(4) "Inoperable Motor Vehicle" a Motor Vehicle shall be
deemed inoperative and/or abandoned if a valid and
current motor vehicle license is not affixed thereto in
excess of thirty (30) calendar days; provided however,
that this shall not apply to motor vehicles located on
private property owned or leased by automobile dealers,
new or used, possessing a current, valid, occupation
license; nor shall this definition apply to any antique
or collector vehicle which is registered with the State
of Florida, pursuant to Fla. St. Sec. 320.086.
(5) "Motor Vehicle" is 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, motorhomes and trailers.
(6) "Private Property" is any real property within the City
which is privately owned and which is not defined as
public property herein.
(7) "Public Property" means lands and improvements owned by
the Federal government, the State of Florida, a County or
a municipality and includes sovereignty submerged lands
located adjacent to the County or municipality, build-
ings, grounds, parks, playgrounds, streets, sidewalks,
parkways, rights-of-way, and other similar property.
(8) "Wrecked Motor Vehicle" is any motor vehicle the condi-
tion of which is wrecked, dismantled, partially disman-
tled, incapable of operation by its own power on a public
street, or from which the wheels, engine, transmission or
any substantial part thereof have been removed.
14-2 .... Abandonment~of Rropert¥ or Wr~cked~or~ Inoperable Motor
Vehicles on Public Property Prohibited ~nd Declared a.Nuisance.
(a) ~_~. No person shall abandon or leave any proper-
ty or any motor vehicle, including a wrecked or inoperable
motor vehicle, whether attended or not, upon any public
property within the City for a period of time in excess of
sgventy-two (72) hours. The presence of such vehicles, or
parts thereof, on public property is hereby declared to be a
public nuisance which may be abated in accordance with the
provisions of this Article. This section does not apply to
motor vehicles parked or stored on public property by the City
or any of its departments.
(b) Nuisance ~Declared-~Public Properky. Whenever the City
Manager or his or her designate of the City shall ascer-
tain that an article of abandoned property is present on
public property within the limits of the City of Delray
Beach he or she 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
2
ORD NO. 74-86
presumed to be abandoned property and will
be removed and destroyed by order of the
City of Delray Beach. If the property is
a motor vehicle, the owner will be liable
for the costs of removal and destruction.
Dated this: (setting forth the date of
posting notice). Signed: (setting forth
name, title, address, and telephone number
of enforcement officer).
(1) 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 enforce-
ment officer shall make a 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.
(2) If, at the end of ten (10) days after posting such
notice, the owner or any person interested in the abandoned vehicle or
article described in such notice has not removed the article or articles
from public property or demanded a hearing in compliance with the
provisions of this article or shown reasonable cause for failure so to
do, the enforcement officer may cause the article or the articles of
abandoned property to be removed and destroyed. The salvage value, if
any, of such article or articles shall be retained by the local govern-
ment to be applied against the cost of removal and destruction thereof,
as the cost of removal and destruction are paid by the owner as provided
in subsection (14-4), in which case the salvage value may be deposited
in the City of Delray Beach general fund.
14-3. Storing.~Parkinq~._or LeaKing Wreckedor Inoperable MotQr
Vehicles on Private ~Property Prohibited and Declared. a Nuisance:
(a) No person shall park, store, leave or permit the parking,
storing or leaving of any abandoned property or wrecked
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 said property
for a period of time not to exceed seventy-two (72)
hours. The presence of such vehicles, or parts thereof,
on private property is hereby declared a public nuisance
which may be abated in accordance with provisions of this
ordinance.
(b) This section shall not apply to:
(1) Any motor vehicle which is completely enclosed
within a building, or unless it is held in connec-
tion with a business enterprise lawfully licensed by
the City for the servicing and repair of such
vehicle and properly operated in an appropriate
business zone pursuant to the zoning Ordinances of
the City;
(2) Nor shall this section apply to any antique or
collector vehicle which is registered with the the
State of Florida, pursuant to Fla. St. Sec. 320.068.
However, no more than two (2) antique motor vehicles
may be retained by the same owner for collection
purposes unless they are appropriately stored.
(c) Whenever the enforcement officer of the City shall
ascertain that an article or articles abandoned property
3
ORD NO. 74-86
are present on private property within the limits of the
City of Delray Beach in violation of the provisions of
this article, the enforcement 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 impro-
perly stored and is in violation of
(setting forth ordinance or regulation
violated) and must be removed within ten
(10) days from the date of this notice
unless a hearing has been demanded in
accordance with the terms of Chapter 14,
Delray Beach Code of Ordinances within
seven (7) days of the 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 Delray
Beach and the owner will be liable for the
costs of removal and destruction. Dated
this: (setting forth date of posting of
notice). Signed: (setting forth name,
title, address, telephone number of
enforcement officer).
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 for a period of ten (10) days. In addition to
posting the notice on or before the date of posting, the enforcement
officer shall mail a copy of the notice to the owner of the real proper-
ty upon which the abandoned articles are located, as shown by the real
estate tax records used by the City of Delray Beach, and if the aban-
doned property is a motor vehicle or boat, shall make a reasonable
effort to ascertain the name and address of the owner and shall mail a
copy of a notice to such owner. The notice shall also advise the person
to whom the notices are applicable that they have seven (7) days from
the date of posting and/or mailing of the notice to file a written
petition to the City Manager or his designee for a hearing before a
three (3) person board which shall be composed of the City Manager, the
Director of Public Works, or the City Engineer, and the Director of
Parks and Recreation, or their designees, which herein shall be held
within ten (10) days of the date the petition is received by the City
Manager.
(d) Procedures.
(1) ~q~L~kq. The issues to be determined at the said hearing are
whether the conditions creating a nuisance, do in fact exist;
why the conditions should not be abated by the City at the
expense of the owner; the time limits for such abatement. The
source of the condition shall not be a defense against the
requirement that the condition shall be abated by the owner.
If after a hearing the board determines that the conditions
which exists on the property constitute a public nuisance, the
owner or owners of the property shall have an additional seven
(7) days to correct or remove the conditions after which the
City shall have the right to have the conditions abated at the
expense of the property owner.
(2) ~. If the owner or other interested person has not
requested a hearing within seven (7) days, the City shall have
the right to have the objectionable condition corrected or
4
ORD NO. 74-86
removed at' the expense of the owner. If the City has the
condition abated and payment is not received within thirty
(30) days after the filing of a notice of assessment for the
cost of such work together with all costs of inspection and
administration, the City shall have a lien placed against the
property for the cost of the work, including inspection and
administration cost, plus interest at the rate of eight (8)
percent, plus reasonable attorneys fees and other costs of
collecting said sums without further hearing. If, at the end
of ten days after posting such notice, the owner or any person
interested in the abandoned article or articles describing
such notice has not removed the article or articles and
complied with the ordinance or regulations cited in the
notice, the enforcement officer may cause the article or
articles of abandoned property to be removed and destroyed.
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 cost of
removal and destruction are paid by the owner as provided in
subsection (14-5).
The owner of any abandoned motor vehicle or the owner upon the
real property upon which the vehicles or other abandoned property is
located, who after notice is provided in this article, does not remove
the vehicle or other property within the specified period then they
shall be liable to the City of Delray Beach for all costs of removal and
destruction of such property, less any salvage value received by the
local government. Upon such removal and destruction, the local govern-
ment enforcement officer shall notify the owner of the amount owned and
of the penalty provision of the section.
(3) ~otification of Removal to Owner and Other Interested Pa~ties.
The enforcement officer, after taking possession of any motor
vehicle pursuant to this article, shall furnish notice in
accordance with this section by certified mail (return receipt
requested) to the last known registered owner of the motor
vehicle at his last known address within fifteen (15) days of
the date of 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 vehicle is taken.
The enforcement officer shall also contact the Department of
Motor Vehicles, State of Florida, and such other agencies and depart-
ments of government in this and other states as are reasonably necessary
to ascertain the names and addresses of other persons with record
interests in the motor vehicle, including lien holders. Such other
persons shall be given notice in the same manner as stated in the
previous section.
Notice under this section shall contain the following informa-
tion:
(a) Year, make, model, and serial number of the motor vehi-
cle.
(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 registra-
tion 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.
5
ORD NO. 74-86
(f) The location which the motor vehicle is being stored or
in the alternative a number in which to contact.
The Notice shall also advise the persons to whom it is given
that the person who is entitled to possession of the motor vehicle may
reclaim it upon payment to the City of all charges incurred by the City
and the removal and storage of the motor vehicle, except that if such
reclamation is not made within twenty (20) days after date of the
notice, the right to reclaim the motor vehicle as well as all right,
title and interest of said person in the vehicle, shall be deemed to be
waived and that such person shall be deemed to have consented to the
disposition of the motor vehicle by the City.
If the City is unable to identify properly the last registered
owner of any motor vehicle or if unable to obtain with reasonable
certainty the names and addresses of the owner or other interested
parties, including lienholders, it shall be sufficient notice under this
section to publish the notice once in one newspaper of general circula-
tion in the City of Delray Beach. Such notice by publication may
contain multiple listings of motor vehicles.
A copy of any notice required in this section, as well as a
copy of any certificate of sale issue hereunder by the City or its
designee shall be forwarded to the Division of Motor Vehicles, State of
Florida.
14-4 Nuisance Abatement_~Bid ~PrQ¢~dure. The services en-
tailed in carrying out the abatement of nuisances under this article may
be performed by the City or be performed by an independent contractor
obtained pursuant to the City's normal practices.
14-5. Assessment _of_ ~osts. interest and~_~attorney,~ fees:
lien.
(a) ~. As soon after the abatement is feasible, the
City Manager shall report to the City Council the cost of
such abatement, including the costs of inspection and
administration. Thereafter, the City Council shall be
resolution assess the cost against any or all of the
assets of the owner of the property or against the
property from which the vehicle was removed. Such
resolution shall describe the property assessed, includ-
ing costs of inspection and administration, and indicate
that the assessment shall bear interest at the rate of
eight percent (8%) per annum plus, if collection proceed-
ings are necessary, that the property owner would be
required to pay the cost of such proceedings including a
reasonable attorney's fees. Such resolution shall become
effective immediately upon adoption, and the assessment
contained therein shall become due and payable after the
mailing date of the notice of said assessment. In the
event that payment has not been received within the
thirty (30) days after the mailing date of the notice of
assessment, the city clerk shall record a certified copy
of the resolution in the public records of Palm Beach
County, Florida, and upon the date and time of recording
the certified copy of the resolution a lien shall become
effective on the subject property which shall secure the
cost of abatement, including costs of inspection and
administration, and collection costs including a reason-
able attorney's fee. At the time the City Clerk sends
the certified copy of the resolution for recording a
notice shall also be mailed to the property owner in
substantially the following form:
NOTICE OF LIEN
ORD NO. 74-86
Date
TO:
ADDRESS:
You are hereby advised that the City of Delray Beach did on or
about the day of __, 198~, abate the nuisance
which was found to exist on your property. The nuisance was abated at a
cost, including costs of inspection and administration, of
. In accordance with City Ordinances my office has
previously mailed to you a notice of assessment requesting payment. The
required payment has not been received; therefore, pursuant to City
Ordinance requirements a lien has been recorded against your property in
the form of the attached resolution. Please take notice that the
resolution, in addition to the original cost of the abatement, requires
payment of eight per cent (8%) interest per annum and the cost of
collection including a reasonable attorney's fee. At such time as the
City of Delray Beach has received payment for such lien, the City
Manager or his designated representative will execute a release thereof
to remove the lien from your property, the recording cost of which shall
be borne by you.
CITY OF DELRAY BEACH, FLORIDA
By:
(b) Enforcement of Assessment.
The City may enforce the assessment by either an action at law
or foreclosure of the lien, which shall be foreclosed in the same manner
as mortgages are foreclosed under Florida law. In either type of
action, the City shall be entitled to interest at the rate of eight per
cent (8%) from the date of assessment, collection cost and reasonable
attorney's fees.
14-3. Repair Operations~ to_be Concealed. All repair work on
motor vehicles, and storage, thereof, except of serviceable and operat-
ing vehicles, .shall either be within completely closed buildings or
shall be effectively screened by a solid concrete block wall or equal
fence as approved by the city building official of not less than six (6)
feet in height. No partially dismantled, non-operable, or wrecked motor
vehicle shall be stored or dismantled on the repair shop premises,
except as a direct, immediate, and necessary incident to its repair,
except when screened as hereinabove required.
~gf~. That Article II, "Junkyards", of Chapter 14 of the
City of Delray Beach Code of Ordinances be amended by enacting a new
Section 14-17, "Dealers to Keep Records Providing for Record Keeping by
Junk Dealers" to read as follows:
14-17. Dealers to Keep Records Providing for_Record Keeping
by_ Junk Dealers. All junk dealers shall keep a permanent record of all
purchases and sales, including dates, description of property purchased
and sold, the names and addresses of persons purchasing from or selling
to them.
~. That all ordinances or parts of ordinances in
conflict herewith be and the same are hereby repealed.
~~1%__~. That this ordinance shall become effective ten
(10) days after passage on second and final reading.
7
ORD NO. 74-86
PASSED AND ADOPTED in regular session on second and final
reading on this the llLth_ day of .November , .1986.
MAYOR
ATTEST:
First Reading ...Oct. obe~r_ 2_8.,__1.986
Second Reading
8
ORD NO. 74-86