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Ord 29-00
ORDINANCE NO. 29-00 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 90, "ABANDONED PROPERTY", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 90.01, "DEFINITIONS", TO PROVIDE FOR ADDITIONAL DEFINITIONS; BY AMENDING SECTION 90.02, "STORING, PARKING OR LEAVING ABANDONED PROPERTY ON PUBLIC PROPERTY", TO PROVIDE LANGUAGE AS PRESCRIBED BY STATE STATUTE; BY AMENDING SECTION 90.03, "STORING, PARKING OR LEAVING ABANDONED PROPERTY ON PRIVATE PROPERTY", TO PROVIDE LANGUAGE AS PRESCRIBED BY STATE STATUTE; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission has determined that abandoned property on public and private lands is considered a public nuisance and is a continuing issue within the City; and WHEREAS, the City Commission has determined that a need exists for updated definitions and provisions to provide for the adequate treatment of abandoned property; and WHEREAS, the City Commission has determined that the amendments herein will further the City's interest in addressing abandoned property; and WHEREAS, the City Commission has determined that the amendments herein are in the public interest and promote the health, safety and welfare of the residents of Delray Beach. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 90, "Abandoned Property", Section 90.01, "Definitions", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 90.01 DEFINITIONS. "ABANDONED MOTOR VEHICLE." Any motor driven vehicle regardless of size which is left unattended for a period exceeding seventy-two (72) hours or which meets the criteria under any one of the definitions below for "ABANDONED PROPERTY" or "DISMANTLED MOTOR VEHICLE" or "INOPERABLE MOTOR VEHICLE or "WRECKED MOTOR VEHICLE." "ABANDONED PROPERTY." A~y All tangible personal property, which does not have an identifiable owner and which is wrecked; or inoperable or partially dismantled; or unlicensed or discarded or which has no apparent intrinsic value to the owner. "ANTIQUE MOTOR VEHICLE."Any motor vehicle of the age of 35 years or more which is registered with the State of Florida pursuant to F.S. Section 320.086. "DISMANTLED MOTOR VEHICLE." Any motor vehicle that has had parts removed therefrom and which does not or can not meet the requirements for operation upon the public streets such as, but not limited to, those contained in Florida Statutes, Chapter 316. "DISMANTLED VESSEL." Any vessel that has had parts removed therefi'om and~ which does not or can not meet the requirements for operation upon the waters of the State. "ENFORCEMENT OFFICER." 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. "INOPERABLE MOTOR VEHICLE." A motor vehicle shall be deemed inoperable if it does not meet the requirements for operation upon the public streets of the City of Delray Beach, including a c'-,~ent mctcr veh/cle !'2cenge but not limited to being unlicensed, wrecked, abandoned, in a state of disrepair or incapable of being moved under its own power. However, this shall not apply to motor vehicles located on private property owned or leased by automobile dealers, new or used, possessing a current, valid occupational license; nor shall this definition apply to any antique or collector vehicle which is registered with the State, pursuant to F.S. Section 320.086. "INOPERABLE VESSEL."A vessel, which does not meet the requirements for operation on the waters of the State for reasons such as, but not limited to, being unlicensed, unregistered, in a state of disrepair, wrecked, or abandoned. "MOTOR VEHICLE." 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. "PRIVATE PROPERTY." Any real property within the city which is privately owned and which is not defined as public property herein. "PUBLIC PROPERTY." Lands and improvements owned by the ~_ederal g_QGovemment, the State, a eCounty or a municipality mmt-i~v3ades including sovereignty submerged 2 ORD. NO. 2g-00 lands located adjacent to the county or municipality, buildings, grounds, parks, parking lots, beaches, playgrounds, streets, sidewalks, parkways, rights-of-way, and other similar property. "UNLICENSED MOTOR VEHICLE." Any motor vehicle for which there is no current license or registration on file with an authorized governmental agency. "UNLICENSED VESSEL."A vessel for which there is no current certificate of registration with the State Department of Environmental Protection. "VESSEL." Includes every description of water craft, barge, and air boat, other than a seaplane on the water, used or capable of being used as a means of transportation on water. "WRECKED MOTOR VEHICLE." Any motor vehicle ^c ..,~.:~,, +~. .... ~:+:^~ :~ street cr ~cm which '~ wheels, engine, * .... :~: ..... k~,~+;.~ p~ +~ .... r have been ........... m ....... , or ~5' o .................. ~ which is dmaged due to collision or ~y other reason ~d which does not or c~ not meet the requirements for operation upon the public s~eets such as, but not limited to, those contained in Florida Statutes, Chapter 316. "WRECKED VESSEL." Any vessel which is damaged due to collision or any other reason or which does not or can not meet the requirements for operation on the waters of the State. Section 2. That Chapter 90, "Abandoned Property", Section 90.02, "Storing, Parking or Leaving Abandoned Property on Public Property", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section90.02 STORING~ PARKING OR LEAVING ABANDONED PROPERTY ON PUBLIC PROPERTY. (A) No person shall store, park, leave or permit the storing, parking or leaving of any abandoned property or o_f any wrecked, dismantled, unlicensed or inoperable motor vehicle or vessel, which shall be presumed to be abandoned whether attended or not, upon any public property within the City for a period of time in excess of 72 hours. The presence of abandoned property on public property is declared a public nuisance which may be abated in accordance with the provisions of this ~ chapter and Chapter 705, Florida Statutes. This section does not apply to motor vehicles, vessels or other types of abandoned property parked or stored on public property by the City, its officers, employees, or any of its departments. (B) Procedures for Removing Abandoned Property. 3 ORD. NO. 2g-00 (1) Whenever an enforcement officer ascertains that an article of abandoned! property is present on public property, and is of such a nature that it cannot be easily removed, the officer shall affix a notice to that article in substantially the following form: "NOTICE TO THE OWNER AND ALL PERSON INTERESTED IN THE ATTACHED PROPERTY: THIS PROPERTY this property (setting forth brief description) is unlawfully upon public property known as (setting forth brief description of location) and must be removed within five (5) days; otherwise, it shall be presumed to be abandoned property and will be removed and disposed of by order of the City of Dekay Beach. The owner will be liable for the costs of removal, storage, disposal, and any publication costs for notice purposes. Dated isis: (setting forth the date of posting notice). Signed: (setting forth name, title, address and telephone number of enforcement officer)." The notice shall be no smaller than eight inches (8") by ten inches (10") and shall be sufficiently weatherproof to withstand normal exposure to the elements. (2)(a) In addition to posting, for other than motor vehicles and vessels, the enfomement officer shall make a reasonable effort to ascertain the name and address of the owner. If such information is reasonably available to the enforcement officer, the officer shall mail a copy of the notice by certified mail return receipt requested to the owner and any abutting real property' owner(s) if other than the City where the abandoned property is located on or before the date of' posting. (b) If the property is a motor vehicle or a vessel, the enforcement officer shall contact the Department of Highway Safety and Motor Vehicles or the Department of Environmental Protection, respectively, in order to determine the name and address of the owner and the name and address of any person who has filed a lien on the ve~ic!e er ve::e! aforementioned property' pursuant to sState law. On receipt of this information, the enforcement officer shall mail a copy ofI the notice by certified mail, return receipt requested, to the owner, ami-m-the lien holder, if any:, t~ ^c,~.~ _..,;~ ~., ~.~ ~;~.~ ,~ ,~ d ab tti g al pop rty frs) if th ..~A;,;~ a ..... .. ............................ . . an any u n re r e owne o er than the City where the abandoned property is located on or before the date of posting. (c) Failure of parties to receive notices after they are properly deposited in the U.S. mail and addressed in accordance with County and State provided information shall not ~ toll any time periods for the removal, storage, destruction, or other disposition of abandoned property. (d) If, at the end of five (5) days after posting t-h~notice and mailing such notice, if required, the owner or any person interested in the abandoned property described in the notice has not removed the property from public property or shown reasonable cause for failure to do so, the following shall apply: 4 ORD. NO. 29-00 (-a-) 1. The City may retain any or all of the property for its own use, o~ trade such property to another unit of local government or state agency, donate the property to .a. charitable organization, sell the property, or notify the appropriate refuse removal service. (b-) 2_ The owner of any abandoned er !c"2 property, who after notice provided in this section, does not remove such property within the specified period, shall be liable'~ to the City for all costs of removal, storage, disposal and pubhcat~on of notice for such property, less any salvage value obtained by disposal of the property. Pursuant to Section 705.103(4), Florida[ Statutes, upon final disposition of the property, the enforcement officer shall notify the owner, if~ · I known, of the amount owed. In the case of an abandoned boat or motor vehicle, any person who. neglects or refuses to pay such amount is not entitled to be issued a certificate of registration fox such boat or motor vehicle, or any other boat or motor vehicle, until such costs have been paid. The: enforcement officer shall supply the State Department of Environmental Protection with a list of persons whose boat registration privileges have been revoked under this section and the State Department of Motor Vehicles with a list of persons whose motor vehicle privileges have been revoked. Providing notice has been affixed and mailed, if required, in accordance with the above procedures, moving abandoned property from one public property location to another public property location shall neither toll original time periods for the removal, storage, destruction, or other disposition of the abandoned property nor require additional notices prior to removal of the property by the City. (q,-) 3_ The rightful owner shall be liable for the City's cost for transportation and storage of abandoned property and, if the rightful owner does not pay such costs within thirty (30) days of making claim to the property, title to the property shall vest in the City. The claim to the property must be made no later than 10 days after the Notice of Removal date, Section 90.03(D)(5). (3) Notices required for this section shall be mailed and contain the information as specified in Sec. 90.03(D)(4), except as noted below. (a) A notice mailed prior to removal: 1. Will not contain a parcel identification number or legal description when such is not applicable to the public property in question. 2. Will not contain any provisions for a hearing. However, a telephone number will be included to permit an appropriate party to call to demonstrate reasonable cause for not removing the property described in the notice· Upon receipt of such reasonable cause information, the city shall inform the party of the final disposition of the case, which may include, but not be limited to, extending the time period for removal, canceling the case or removing the property at the expiration of the original time period. 5 ORD. NO. 29-00 (b) The notice mailed after removal; 1. Will not contain the address from which the property was removed, unless there is an actual address of such property, but shall include a description of the l location from which the property was removed. 2. Will not contain notice that a lien will be placed on the real property from which the abandoned property was removed. Section 3. That Chapter 90, "Abandoned Property", Section 90.03, "Storing, Parking or Leaving Abandoned Property on Private Property", of the Code of Ordinances of the City of Delray Beach, Florida,' is hereby amended to read as follows: Section 90.03 STORING~ PARKING OR LEAVING ABANDONED PROPERTY ON PRIVATE PROPERTY. ~ (A) No person shall store, park, leave or permit the storing, parking or leaving of any', an one roe_..~,..~^+^- , ....... , .................... -- - v--~v~-.J or o any wrecked, discarded, dismantled, unlicensed, or inoperable motor vehicle or vessel, which shall be presumed to be abandoned whether attended or not upon any private property within thc City for a period of time in excess of 72 hours. The presence of abandoned property on private property is declared a public nuisance which may be abated in accordance with provisions of this ~ chapter. (B) This section shall not apply to: (1) P~ny motcr veh/c!e er ':ess,e! '::kith is, Property within a completely enclosexl building, provided that such -:eh/cie er ves,s,e! property is the property of the owner or occupier the tot building and that such use is not a commercial use of the property unless such use authorized by other ordinances of the City; or (2) Any antique or collector vehicle registered with the State. However, no mor~ than two antique motor vehicles may be retained ~.....~ +v.,~..~ ...... ...~......;;m~ ... at the same property for collection purposes unless they are appropriately stored within a completely enclosed building or unless such use is permitted by other ordinances of the City. (C) Affixing Notice. 6 ORD. NO. 29-00 (1) Whenever an enforcement officer :ha!! ascertains that an inoperab!e vehicle ov article of abandoned property is present on private property in violation of the provisions of this section, the enforcement officer shall affix a notice to that article in substantially the following form: "NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED PROPERTY:: :l:this property (setting forth brief description) located at (setting forth brief description o~' k~cation) is improperly stored, parked or left and is in violation of ~ ..+1~ .4' I +' ' I + A'~ ' ' .v,... v,r..mance or re~,~.a.:v,n v:v,.a~e.~, Section 90.03, City of Delray Beach Code of Ordinances and must be removed within t~40) five (5) days from the date of this notice unless a heating has been demanded within ~ five (5) days of the date of this notice. Otherwise, the property will be removed and disposed of by order of the City of Delray Beach. The owner will be liable for the cost of removal, storage, disposal, and publication of notice for the property. Dated th/a: (setting forth date of posting of notice). Signed: (setting forth name, title, address, telephone number of enforcement officer)." CALL 243- 7212 FOR HEARING INFORMATION. (2) The notice shall be no smaller than eight inches (8") by ten inches (10") and shall be sufficiently weatherproof to withstand normal exposure to the elements. In addition to affixing the above notice, the enforcement officer shall, on or before the date of affixing the notice, mail by certified mail, return receipt requested, a notice to the owner of the real property upon which the abandoned property is located. In addition, tif the abandon~ property is a motor vehicle, or a vessel, the enforcement officer shall mak~ a rzagv,nab!e effv,~ tv. agce~ain contact the Department of Highway Safety and Motor Vehicles or the Department of Environment Protection, respectively, in order to determine the name and address of the last-r~g/3t~ owner and the name and address of any person who has filed a lien on the vehicle v,r vessel aforementioned property pursuant to State law, and shall also mail a copy of such notice by certified mail, remm receipt requested, to those persons, pursuant to the procedures described in Section 90.0-3._3(4~) (D)(4--) (4). of the Cv,dc v,f ©rdin~nce:. The mailed notice shall also advise the interested party that the party may request a heating no later than ~ five (5) days from the dat~ff-th~_otice dI~_ate by filing a written request with the Clerk of the Code Enforcement Board. A heating before the Code Enforcement Board shall be scheduled within fifteen (15) days from the date the request is received. SEE SECTION 90.03(D)(4) FOR REQUIREMENTS FOR INFORMATION TO BE PROVIDED ON MAILED NOTICES. (D) Hearing, Removal and Notice Procedures. (1) Heating. The hearing before the Code Enforcement Board shall be conducted in accordance with provisions of Chapter 37 of the Code of Ordinances. If the Code Enforcement Board determines that the conditions cited in the notice constitute a public nuisance, the owner of the property shall have an additional seven (7) days to correct or remove the conditions. If the conditions are not corrected, the city shall have the fight to have the conditions 7 ORD. NO. 29-00 abated at the expense of the property owner or to assess fines in accordance with the Code Enforcement Board's decision and order. (2) Removal. If the owner or other interested person has not requested a heating within sevep,-6~five (5) days after .... --~-~-~-v~;~ .~.^c ~,.~....~ ~ five (5) days after the ~otice dDate, which shall be the Final Co~ection Date, the o~er, or ~y person interested in the ab~doned ~ prope~y described in the notice, h~ not removed the ~ prope~y ~d or othe~ise complied with the ordin~ce(s) cited in the notice, the enforcement officer may cause the ~icle of ab~doned prope~ to be removed, stored ~d des~oyed. salvage value, if ~y, of the ~icle shall be retained by the local gove~ent to be applied against the of rem al storag ~d dest ction the cost ov , ea ~ reo _. ~,~- i,, ....,~a pm~y ~.,:,1~, ..... ~oo;~. ~r,h~ ~;~ If th City diti ............................ v ....................... e has the con on abated ~d pa~ent is not receiv~ wi~in thirty (30) days after mailing a notice of assessment for the cost of the work together with all costs of inspection ~d administration, the City shall have a lien placed against the real prope~y ~om which the ab~doned prope~y is removed for the costs, plus interest at the rate of 8% per ~m, plus reasonable a~omey's fees ~d other costs of collection those sins without ~her hemng. Providing notice has been affixed ~d mailed, in accord~ce with the above procedures, moving ab~doned property from one private property location to ~other private property location shall neither toll original time periods for the removal, storage, destruction or other disposition of ab~doned prope~y nor require additional notices prior to removal of such property by the City. (3) Notice. Notifications to owners and other interested parties shall be addressed to the applicable parties according to addresses listed in official records provided to the City by State or County agencies. Failure of parties to receive notices after they are properly deposited in the U.S. mail and addressed in accordance with County and State provided information shall not ~ toll any time periods for removal, storage, destruction or other disposition of abandoned property or the assessment of liens for charges due for such removal or require additional notice prior to removal of such property by the City. (4) Notice Requirements Prior to Removal of Property. A notice shall advise the ~,t-r-ogister~ abandoned property's owner(s-), lien holder(s) of record and owner(s-) of the real property on which the abandoned property is situated of: (a) The~ Noticed Date. Co) after the p221_otice rD_ate. The ~_inal eCorrection dDate, which shall be ~ -14 5_ days (c) That after the ~inal eCorrection dDate, the City shall have the right to remove the property described in the notice. 8 ORD. NO. 29-00 (d) described in the notice. The right to and method of demanding a heating on the condition (e) Make, model and year of manufacture, if available and applicable. (f) Tag number or,-as-appti~flfl~, i_fa vessel or trailer, registration number, if available and applicable. (g) Vehicle tidentification Nnumbeh er Vvessel er bcat ~dentification Nnumber, if available and applicable. (h) Last registered to name(s) as provided to the City by County or State agencies, if available and applicable. (i) Ordinance or regulation violated. (j) A description of the abandoned property if such is other than a vehicle,.?l, vessel or trailer. (k) The location (street address or general description as applicable) where the abandoned property is situated. (1) The parcel identification number. which is the number Palm Beach County assigns to the real property upon which the abandoned property is located. (m) The legal description of the real property where the abandoned property is located, as published by Palm Beach County. (n) A telephone number to call for further information. (o) Estimated towing, storage and administrative charges if the City removes the described property. (p) County or State agencies. Any lien holders of the property as provided to the City by either (5) Notice Requirements After Removal of Property. Within 5 days after removal of abandoned property, a Notice of Removal shall be mailed by First Class mail to the any partyies notified pursuant to Section 90.03(D)(4), informing them of the Notice of Removal Date and the Final Reclamation Date. The Final Reclamation Date shall not be earlier than 30 ten (10) 9 ORD. NO. 29-OO the Notice of Removal tMate. In addition, the Following information shall beI days following included in the notice: (a) The information noted in Section 90.03(D)(4)(a) through (p) above, except 90.03(D)(4)(b), (c), (d). Notice date. (b) A final reclamation date which shall be no less than 10 days after the too-)(c) A telephone number to call to claim the removed property and to further inquire about the property and charges due and payable prior to reclamation. (e-)(d) The requirement to produce personal identification and proof of ownership prior to reclamation. (d-)(e) That a lien will be placed on the real property from which the abandoned property was removed if all charges due are not paid. ~ That if the property is not timely reclaimed, the right to reclaim and the title to the property are waived and that consent is granted to the City to dispose of the property. (6) If the ~ owner of a :'eki.e!e er vcggc! abandoned property cannot be reasonably determined, it shall be sufficient notice to publish a Notice of Removal once in a newspaper of general circulation in the City containing the following information: (a) A brief description of the removed property. (b) property was removed. Either the street address or a description of the parcel from which the (c) If available and applicable, The vehicle or vessel identification number or vessel registration number and any tag number as affixed to the vehicle. (d) A telephone number to call to reclaim the property, to determine charges due and to obtain further information. (e) Notification that the property must be reclaimed no later than 2-0 t_en (10) days after the date the nctiScat'2cn Notice of Removal was published, or the right to reclamation is waived along with any right and title to the property, and that by failing to make a claim, consent is granted to the City to dispose of the property. 10 ORD. NO. 29-00 (7) When published in a newspaper of general circulation, the Notice of Removal may contain listings of more than one property. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. hereby repealed. That all ordinances or parts of ordinances in conflict herewith be and the same are Section 6. That this ordinance shall become effective upon its passage on second and finalI reading. ~~~_2D AND ADOPTED in regular session on second and final reading on this the 7*: day of 2000. MAYOR ATTEST: City Clerk First Reading /O ~7/oO Second Reading / //7/'00 11 ORD. NO. 29-00 MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER~ AGENDA ITEM /0. ~ ' - REGUI_aldl MEETING OF NOVEMBER 7, 2000 ORDINANCE NO. 29-00 (REVISIONS TO CHAPTER 90, ABANDONED PROPERTY) NOVEMBER 1, 2000 This is second reading and a pubhc hearing for Ordinance No. 29-00 which amends Chapter 90, "Abandoned Property", of the C~ty Code. The remsions were requested by the Code Enforcement Division and, m some cases, are m response to changes made to Chapter 705, Florida Statutes. The changes suggested by Code Enforcement address areas of concern that they have identified with regard to enforcement of the current ordinance proms~ons. The revisions include changes to definitions in order to clarify various items of abandoned property, and changes regarding some of the notice requirements with regard to abandoned property. At first reading on October 17, 2000, the City Commission passed the ordinance by unanimous vote. Recommend approval of Ordinance No. 29-00 on second and final reading. RefiAgmemo21.Ord 29-00 Ch 90.Abandoned Property ORDINANCE NO. 29-00 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORDA, AMENDING CHAPTER 90, "ABANDONED PROPERTY", OF THE CODE OF ORDINANCES OF THE CITY OF DELR. AY BEACH, BY AMENDING SECTION 90.01, "DEFINITIONS", TO PROVDE FOR ADDITIONAL DEFINITIONS; BY AMENDING SECTION 90.02, "STORING, PARKING OR LEAVING ABANDONED PROPERTY ON PUBLIC PROPERTY", TO PROVDE LANGUAGE AS PRESCRIBED BY STATE STATUTE; BY AMENDING SECTION 90.03, "STORING, PARKING OR LEAVING ABANDONED PROPERTY ON PRIVATE PROPERTY", TO PROVDE LANGUAGE AS PRESCRIBED BY STATE STATUTE; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission has determined that abandoned property on public and private lands is considered a public nuisance and is a continuing issue within the City; and WHEREAS, the City Commission has determined that a need exists for updated definitions and provisions to provide for the adequate treatment of abandoned property; and WHEREAS, the City Commission has determined that the amendments herein will further the City's interest in addressing abandoned property; and WHEREAS, the City Commission has determined that the amendments herein are in the public interest and promote th, e health, safety and welfare of the residents of Delray Beach. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 90, "Abandoned Property", Section 90.01, "Definitions", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 90.01 DEFINITIONS. "ABANDONED MOTOR VEHICLE." Any motor driven vehicle regardless of size which is left unattended for a period exceeding seventy-two (72) hours or which meets the criteria under any one of the definitions below for "ABANDONED PROPERTY" or "DISMANTLED MOTOR VEHICLE" or "INOPERABLE MOTOR VEHICLE or "WRECKED MOTOR' VEHICLE." "ABANDONED PROPERTY." Any All tangible personal property, which does not~ have an identifiable owner and which is wrecked; or inoperable or partially dismantled; or unlicensed or discarded or which has no apparent intrinsic value to the owner. "ANTIQUE MOTOR VEHICLE."Any motor vehicle of the age of 35 years or more* which is registered with the State of Florida pursuant to F.S. Section 320.086. "DISMANTLED MOTOR VEHICLE." Any motor vehicle that has had parts removed: therefrom and which does not or can not meet the requirements for operation upon the public streets' such as, but not limi.ted to, those contained in Florida Statutes, Chapter 316. "DISMANTLED VESSEL." Any vessel that has had parts removed therefrom and' which does not or can not meet the requirements for operation upon the waters of the State. "ENFORCEMENT OFFICER." 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 enforceI city codes. This definition shall include law enforcement officers. "INOPERABLE MOTOR VEHICLE." A motor vehicle shall be deemed inoperable it does not meet the requirements for operation upon the public streets of the City of Delray Beach, including a c'.'.r:'ent ..-nctcr -:ekJcl¢ l:.cenzc but not limited to being unlicensed, wrecked, abandoned, in a state of disrepair or incapable of being moved under its own power. However, this shall not apply to motor vehicles located on private property owned or leased by automobile dealers, new or used, possessing a current, valid occupational license; nor shall this definition apply to any antique or collector vehicle which is registered with the State, pursuant to F.S. Section 320.086. "INOPERABLE VESSEL."A vessel, which does not meet the requirements for operation on the waters of the State for reasons such as, but not limited to, being unlicensed, unre.gistered, in a state of disrepair, wrecked, or abandoned. "MOTOR VEHICLE." 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, tracks, tractors, go-carts, golf carts, campers, motorhomes, and trailers. "PRIVATE PROPERTY." Any real property within the city which is privately owned and which is not defined as public property herein. "PUBLIC PROPERTY." Lands and improvements owned by the ~[F_ederal gGovemrnent, the State, a eCounty or a municipality and incl'ade.~ including sovereignty submerged 2 ORD. NO. 29-00 lands located adjacent to the county or municipality, buildings, grounds, parks, parking lots, beaches, playgrounds, streets, sidewalks, parkways, rights-of-way, and other similar property. "UNLICENSED MOTOR VEHICLE." Any motor vehicle for which there is no current license or registration on file with an authorized governmental agency. "UNLICENSED VESSEL."A vessel for which there is no current certificate of reaistration with the State Department of Environmental Protection. "VESSEL." Includes every description of water craft, barge, and air boat, other than a seaplane on the water, used or capable of being used as a means of transportation on water. "WRECKED MOTOR VEHICLE." Any motor vehicle ~r ,,,~,;~. ,~. .... ,~:,;^~ :- ~ which is damaged due to collision or any other reason and which does not or can not meet the requirements for operation upon the public streets such as, but not limited to, those contained in Florida Statutes, Chapter 316. "WRECKED VESSEL," Any vessel which is damaged due to collision or any other reason or which does not or can not meet the requirements for operation on the waters of the State. Section 2. That Chapter 90, "Abandoned Property", Section 90.02, "Storing, Parking or Leaving Abandoned Property on Public Property", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section90.02 STORING~ PARKING OR LEAVING ABANDONED PROPERTY ON PUBLIC PROPERTY. (A) No person shall store, park, leave or permit the storing, parking or leaving of any abandoned property or o_f any wrecked, dismantled, unlicensed or inoperable motor vehicle or vessel, which shall be presumed to be abandoned whether attended or not, upon any public property within the City for a period of time in excess of 72 hours. The presence of abandoned property on public property is declared a public nuisance which may be abated in accordance with the provisions of this sectic, n chapter and Chapter 705, Florida Statutes. This section does not apply to motor vehicles, vessels or other types of abandoned property parked or stored on public property by the City, its officers, employees, or any of its departments. (B) Procedures for Removing Abandoned Property. 3 ORD. NO. 29-00 (1) Whenever an enforcement officer ascertains that an article of abandoned property is present on public property, and is of such a nature that it cannot be easily removed, the officer shall affix a notice to that article in substantially the following form: "NOTICE TO THE OWNER AND ALL PERSON INTERESTED IN THE ATTACHED PROPERTY: THIS PROPERTY this property (setting forth brief description) is unlawfully upon public property known as (setting forth brief description of location) and must be removed within five (5) days; otherwise, it shall be presumed to be abandoned property and will be removed and disposed of by order of the City of Delray Beach. The owner will be liable for the costs of removal, storage, disposal, and any publication costs for notice purposes. Dated this: (setting forth the date of posting notice). Signed: (setting forth name, title, address and telephone number of enforcement officer)." The notice shall be no smaller than eight inches (8") by ten inches (10") and shall be sufficiently weatherproof to withstand normal exposure to the elements. (2)(a~ In addition to posting, for other than motor vehicles and vessels, the enforcement officer shall make a reasonable effort to ascertain the name and address of the owner. If such information is reasonably available to the enforcement officer, the officer shall mail a copy of the notice by certified mail return receipt requested to the owner and any abutting real property owner(s) if other than the City where the abandoned property is located on or before the date of posting. (b) If the property is a motor vehicle or a vessel, the enforcement officer shall contact the Department of Highway Safety and Motor Vehicles or the Department of Environmental Protection, respectively, in order to determine the name and address of the owner and the name and address of any person who has filed a lien on the v`ekicle ,er ;'es:e! aforementioned property pursuant to sState law. On receipt of this information, the enforcement officer shall mail a copy of the notice by certified mail, return receipt requested, to the owner, mad-m-t~ lien holder, if anyu ~ ......... , ~. ccpy ,, ................................. and any abutting real prope owne other than the City where the abandoned property is located on or before the date of posting. (c) Failure of parties to receive notices aRer they are properly deposited in the U.S. mail and addressed in accordance with County and State provided information shall not ~ toll any time periods for the removal, storage, destruction, or other disposition of abandoned property. (d) Iff at the end of five (5) days after posting the-notice and mailing such notice, if reouired, the owner or any person interested in the abandoned property described in the notice has not removed the property from public property or shown reasonable cause for failure to do so, the following shall apply: 4 ORD. NO. 29-00 6a-) l-. The City may retain any or all of the property for its own use, o~ trade~ such property to another unit of local government or state agency, donate the property t_o a charitable organization, sell the property, or notify the appropriate refuse removal service. 03) 2_. The owner of any abandoned ar last property, who after notice as' provided in this section, does not remove such property within the specified period, shall be liable! to the City for all costs of removal, storage, disposal and publication of notice for such property, less any salvage value obtained by disposal of the property. Pursuant to Section 705.103(4), Florida' Statutes, upon final disposition of the property, the enforcement officer shall notify the owner, if, known, of the amount owed. In the case of an abandoned boat or motor vehicle, any person who '. neglects or refuses to pay such amount is not entitled to be issued a certificate of registration forI such boat or motor vehicle, or any other boat or motor vehicle, until such costs have been paid. The! enforcement officer shall supply the State Department of Environmental Protection with a list of. persons whose boat registration privileges have been revoked under this section and the StateI Department of Motor Vehicles with a list of persons whose motor vehicle privileges have been' revoked. Providing notice has been affixed and mailed, if required, in accordance with the above procedures, moving abandoned property from one public property location to another public' property location shall neither toll original time periods for the removal, storage, destruction, or other disposition of the abandoned property nor require additional notices prior to removal of the property by the City. · (-c-) 3_ The rightful owner shall be liable for the City's cost for transportatxonI and storage of abandoned property and, if the rightful owner does not pay such costs within thirty (30) days of making claim to the property, title to the property shall vest in the City. The claim to., the property must be made no later than 10 days after the Notice of Removal date, Section 90.03(D)(5). (3) Notices required for this section shall be mailed and contain the information as specified in Sec. 90.03(D)(4), except as noted below. (a) A notice mailed prior to removal: 1. Will not contain a parcel identification number or legal description when such is not applicable to the public property in question. 2. Will not contain any provisions for a hearing. However, a telephone number will be included to permit an appropriate party to call to demonstrate reasonable cause for not removing the property described in the notice. Upon receipt of such reasonable cause information, the city shall inform the party of the final disposition of the case, which may include, but not be limited to, extending the time period for removal, canceling the case or removing the property at the expiration of the original time period. 5 ORD. NO. 29-00 (b) The notice mailed after removal; 1. Will not contain the address from which the property was removed, unless there is an actual address of such property, but shall include a description of the location from which the property was removed. 2. Will not contain notice that a lien will be placed on the real property from which the abandoned property was removed. Section 3. That Chapter 90, "Abandoned Property", Section 90.03, "Storing, Parking or Leaving Abandoned Property on Private Property", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section90.03 STORING~ PARKING OR LEAVING ABANDONED PROPERTY ON PRIVATE PROPERTY. (A) No person shall store, park, leave or permit the storing, parking or leaving of any ~ abandoned property...,~,~ ..... . .~.~,,,..~,~';~ ....... . ~. ^- ~*~'~-.~ "*'"~., ,~ prcFerty or of any wrecked, discarded, dismantled, unlicensed, or inoperable motor vehicle or vessel, which shall be presumed to be abandoned whether attended or not upon any private property within the City for a period of time in excess of 72 hours. The presence of abandoned property on private property is declared a public nuisance which may be abated in accordance with provisions of this ~ chapter: (B) This section shall not apply to: (1) ,amy ~^* ..... h;~ ..... er,,~e~ --'~':~*' :- P p rty ithi mpl ly 1 d ............. roe w naco ete encose building, provided that such "~" ~ ......... ~ .... lc .......... property is the property of the owner or occupier of the tot building and that such use is not a commercial use of the property unless such use is authorized by other ordinances of the City; or (2) Any antique or collector vehicle registered with the State. However, no more than two antique motor vehicles may be retained ~"' *~ ........... ,~., ................ at the same property for collection purposes unless they are appropriately stored within a completely enclosed building or unless such use is permitted by other ordinances of the City. (C) Affixing Notice. 6 ORD. NO. 29-00 (1) Whenever an enforcement officer o~ article of abandoned property is present on private property in violation of the provisions of this section, the enforcement officer shall affix a notice to that article in substantially the following. form: "NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED ~ PROPERTY,.' :t:_this property (setting forth brief description) located at (setting forth brief[ description of location) is improperly stored, parked or left and is in violation of (-set-t4ng! c~, ^..~; ............ ~,; ....;^1,,,~,4~ Section 90.03, City of Delray Beach Code of~ Ordinances and must be removed within ~ five (5) days from the date of this notice unless a hearing has been demanded within ~ five (5) days of the date of this notice. Otherwise, the property wdl be removed and disposed of by order of the City of Delray Beach. The owner will be liable for the cost of removal, storage, disposal, and publication of notice for the property. Dated this: (setting forth date of posting of notice). Signed: (setting forth name, title, address, telephone number of enforcement officer)." CALL 243- 7212 FOR HEARING INFORMATION. (2) The notice shall be no smaller than eight inches (8") by ten inches (10") and shall be sufficiently weatherproof to withstand normal exposure to the elements. In addition to affixing the above notice, the enforcement officer shall, on or before the date of affixing the notice, mail by certified mail, return receipt requested, a notice to the owner of the real property upon which the abandoned property is located. In addition, ti__f the abamtoned property is a motor vehicle, ...... . ......~.~ ~rr^.~ , ..... "*~;~ contact the or a vessel, the enforcement officer shall Department of Highway Safety and Motor Vehicles or the Department of Environment Protection, respectively, in order to determine the name and address of the and address of any person who has filed a lien on the vekicle er ye:se! aforementioned property pursuant to State law, and shall also mail a copy of such notice by certified mail, return receipt I requested, to those persons, pursuant to the procedures described in S~ction 90.0;g30g-) (D)(-1-) (4).. e-f *Ze Cede cf ©rd'in~.-ncez. The mailed notice shall also advise the interested party that the party may request a hearing no later than seveta-~ five (5) days from the ~otice dDate by filing a written request with the Clerk of the Code Enforcement Board. A hearing before the Code Enforcement Board shall be scheduled within fifteen (15) days from the date the request is received. SEE SECTION 90.03(D)(4) FOR REQUIREMENTS FOR INFORMATION TO BE PROVIDED ON MAILED NOTICES. (D) Hearing, Removal and Notice Procedures. (1) Hearing. The hearing before the Code Enforcement Board shall be conducted in accordance with provisions of Chapter 37 of the Code of Ordinances. If the Code Enforcement Board determines that the conditions cited in the notice constitute a public nuisance, the owner of the property shall have an additional seven (7) days to correct or remove the conditions. If the conditions are not corrected, the city shall have the right to have the conditions 7 ORD. NO. 29-00 abated at the expense of the property owner or to assess fines in accordance with the Code Enforcement Board's decision and order. (2) Removal. If the owner or other interested person has not requested a hearing within ~five (5) days after .... :~+ ..r +~.~ nctica, the Notice Date, and if; at the end of ~,t.~jm five (5) days a~er the aNotice_ dDate, which shall be the Final Co~ection Date, the owner, or any person interested in the abandoned ag/cie prope~y described in the notice, has not removed the agicle prope~y and or othe~ise complied with the ordin~ce(s) cited in the notice, the enforcement officer may cause the a~icle of ab~doned prope~y to be removed, stored ~d des~oyed. The salvage value, if any, of the a~icle shall be retained by the local gove~ent to be applied against the cost of removal, storage~ and destruction thereof;_, r~r~ .............. ....... ~ ~, .... ~.~ pa:d' ~"~ *~ .... o~mcr or ~ ;~+ .... ,~ ~ .... ~;,,~ · ...... ~o ;~ ~e +~ ~;~,~ City ................. ~-'~ ........... v ........................ If ~e has the condition abated and pa~ent is not received within ~i~y (30) days a~er mailing a notice of ~sessment for the cost of the work together with all costs of inspection ~d administration, the City shall have a lien placed against the real prope~y from which the abandoned prope~y is removed for the costs, plus interest at the rate of 8% per ~m, plus reasonable attorney's fees and other costs of collection those sums without ~aher headng. Providing notice has been affixed and mailed, in accordance with the above procedures, moving abandoned propeay from one private prope~y location to another phvate prope~y locaion shall neither toll original time pehods for the removal, storage, des~ction or other disposition of abandoned prope~y nor require additional notices prior to removal of such prope~y by the City. (3) Notice. Notifications to owners and other interested parties shall be addressed to the applicable parties according to addresses listed in official records provided to the City by State or County agencies. Failure of parties to receive notices after they are properly deposited in the U.S. mail and addressed in accordance with County and State provided information shall not pr-eYem toll any time periods for removal, storage, destruction or other disposition of: abandoned property or the assessment of liens for charges due for such removal or require additional notice prior to removal of such property by the City. (4) Notice Requirements Prior to Removal of Property. A notice shall advise the last--r~g/~ter~ abandoned property's owner(s-), lien holder(s) of record and owner(s-) of the real property on which the abandoned property is situated off (a) Theft Noticed Date. (b) after the nNotice dDate. The i'F_inal eCorrection dDate, which shall be nc !ess t?.an 4-0 5_ days (c) That after the i'F_inal eCorrection {tDate, the City shall have the right to remove the property described in the notice. 8 ORD. NO. 29-00 (d) described in the notice. The right to and method of demanding a hearing on the condition (e) Make, model and year of manufacture, if available and applicable. (f) Tag number or,--as-appli~, i_f a vessel or trailer, registration number, if available and applicable. (g) Vehicle [identification Nnumber~ er Vvessel er beat tidentification tgnumber, if available and applicable. (h) Last registered to name(s) as provided to the City by County or State agencies, if available and applicable. (i) Ordinance or regulation violated. (j) A description of the abandoned property if such is other than a vehicle,_o~ vessel or trailer. (k) The location (street address or general description as applicable) where the abandoned property is situated. (1) The parcel identification number. -v,. ...... ~ :~.~;~.,: ...... ,.~. which is the number Palm Beach County assigns to the real property upon which the abandoned property is located. (m) The legal description of the real property where the abandoned property is located, as published by Palm Beach County. (n) A telephone number to call for further information. (o) Estimated towing, storage and administrative charges if the City removes the described property. (p) County or State agencies. Any lien holders of the property as provided to the City by either (5) Notice Requirements After Removal of Property. Within 5 days after removal of abandoned property, a Notice of Removal shall be mailed by First Class mail to t-he any partyies notified pursuant to Section 90.03(D)(4), informing them of the Notice of Removal Date and the Final Reclamation Date. The Final Reclamation Date shall not be earlier than gO ten (10) 9 ORD. NO. 29-00 days following the Notice of Removal Ddate. In addition, the Following information shall be included in the notice: (a) The information noted in Section 90.03(D)(4)(a) through (p) above~ except 90.03(D)(4)(b), (c), (d). (b) A final reclamation date which shall be no less than 10 days after the Notice date. 0y)(~ A telephone number to call to claim the removed property and to further inquire about the property and charges due and payable prior to reclamation. (~)(d) The requirement to produce personal identification and proof of. ownership prior to reclamation. (4-)(e) That a lien will be placed on the real property from which the abandoned property was removed if all charges due are not paid. (-e-)(f) That if the property is not timely reclaimed, the right to reclaim and the title to the property are waived and that consent is granted to the City to dispose of the property. (6) If the ~ owner of a vehicle er vessel abandoned property cannot be reasonably determined, it shall be sufficient notice to publish a Notice of Removal once in a newspaper of general circulation in the City containing the following information: (a) A brief description of the removed property. Co) property was removed. Either the street address or a description of the parcel from which the (c) If available and applicable, :t:he vehicle or vessel identification number or vessel registration number and any tag number as affixed to the vehicle. (d) A telephone number to call to reclaim the property, to determine charges due and to obtain further information. (e) Notification that the property must be reclaimed no later than 24~ ten (10) days after the date the nct;,Scaticn Notice of Removal was published, or the right to reclamation is waived along with any right and title to the property, and that by failing to make a claim, consent is granted to the City to dispose of the property. 10 ORD. NO. 29-00 [ITY OF DELRI:I¥ BEI:II:H CITY ATTORNEY'S OFFICE l. America CiI 1993 DATE: TO: October 11, 2000 FROM: SUBJECT: 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct Line (561) 243-7090 MEMORANDUM City Commission David T. Harden, City Manager J;:v~i :nTtle Cckh'a~Se Sri s;~ :A~ ia~d~tt;?;;~e rty Attached is an ordinance making certain revisions to Chapter 90 of the City's Code of Ordinances. The revisions have been requested by Code Enforcement and, in some cases, are in response to changes made to Chapter 705, Florida Statutes. The changes suggested by code enforcement address areas of concern that they have identified with regard to enforcement of the current ordinance provisions. The revisions include changes to definitions in order to clarify various items of abandoned property, and changes regarding some of the notice requirements with regard to abandoned property. By copy of this memorandum to the City Manager, our office would request that this item be placed on the agenda for the October 17, 2000 City Commission meeting for a first reading. Please call if you have any questions. Attachment Lula Butler, Community Improvement Director Richard Bauer, Code Enforcement Administrator ~OVIDE ~EDURE$ ~ ~ ~DERS" BN ~ ~742 "~MINIST~TI~ fiNES, ~NG ~DONED