34-85 ORDINANCE NO. 34-85
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING CHAPTER lq, "3UNK, 3UNKYARDS AND
AUTOMOTIVE REPAIRS", OF THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, FLORIDA, BY REPEALING SECTION lq-2, "ABANDONED~
WRECKED~ 3UNKED VEHICLES ON PRIVATE OR PUBLIC PROPERTY",
SUBSECTION (b)~ "NUISANCE DECLARED", AND ENACTING A NEW SUB-
SECTION (b), "NUISANCE DECLARED", DECLARING A NUISANCE WHEN
ACCUMULATION OF ONE OR MORE VEHICLES WHICH HAVE NO VALUE
OTHER THAN SALVAGE THREATEN THE HEALTH~ SAFETY OR WELFARE
ON PUBLIC OR PRIVATE PROPERTY; PROVIDING FOR ENFORCEMENT
PURSUANT TO THE PROCEDURES AS SET FORTH IN SECTIONS 13-18
THROUGH 13-25 WHEN A VIOLATION OF THIS SUBSECTION EXISTS; PRO-
VIDING FOR RECEIPT OF BIDS ON AN ANNUAL BASIS WITH THE CITY
UTILIZING THE SERVICES OF THE LOWEST BIDDERS; PROVIDING FOR
REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE
DATE.
NOW~ THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 1~-2, "Abandoned~ wrecked~ junked vehicles on private or public
property", subsection (b), "Nuisance declared", is repealed and a new subsection (b)~ "Nuisance
declared", is enacted 'co read as follows:
(b) Nuisance declared. The accumulation and storage of one or more of such vehicles as
hereinbefore defined which have no value other than salvage value or if based on their condition
threaten the public health, safety or welfare on public or private property shall constitute a public
nuisance. It shall be the duty of the registered owner of such vehicle and it shall also be the duty of
the owner of the private property, or lessee or other person in possession of private property upon
which such vehicle is located to remove same from the city limits~ or to have same housed in a
building where it will not be visible from the street. The procedures as set ~orth in Sections 13-1g~ 13-
19, 13-20, 13-21, 13-22, 13-23~ 13-2# and 13-25 of this Code of Ordinances shall apply when a violation of
this section exists provided, however, that the City may receive bids on an annual basis and utilize the
services of the lowest bidders. The owner/owners of the real property and/or personal property and
the City shall be entitled to any and all rights as set ~orth therein.
Section 2. That all ordinances or parts of ordinances which are in conflict herewith are
hereby repealed,
Section 3. That should any section or provision of 'chis 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 hereo~ as a whole or part thereof other than the
part declared to be invalid.
Section #. That this ordinance shall become effective ten (10) days after its passage on
second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the 23rd
day of April ,1985.
ATTEST:
P
First Reading April 9, 1985
Second Reading April 23 t 1985