G-565(46-64) ORDINANCE NO.
~ AN ORDINANCE OF THE CITY OF DELR, AY BEACH,
~ AIr, ENDING CHAPTER 15 OF T~E CODE OF ORDI-
NANCES PERTAINING T0 ABANDONED, ~RECKED OR
' JUNKED VEHICLES AND PROHIBITING STORAGE
THEREOF ON PUBLIC OR PRIVATE PROPERTY;
AND PROVIDING A PENALTY.
~EREAS, the accumulation and storage of abandoned,
wrecked or junked vehicles on public and private property,
which vehicles are in the nature of rubbish and unsightly
debris, violates, in many instances, the zoning code of the
City of Delray Beach and constitutes a nuisance detrimental to
the health, safety and welfare of the community; and,
WHEREAS, the City Council desires to adopt an emergency
ordinance to provide for the removal of such vehicles either
by the land owner where the vehicle is stored or by the owne~
of the vehicle;
NO~, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF DELRAY BEACH, FLORIDA:
Section 1. That Chapter 15 of the Code of Ordinances
of the City of Delray Beach, Florida, is amended by adding
thereto a new Article III as follows:
" ARTICLE III
Abandoned, Wrecked or Junked Vehicles
Sec. 15-25 Abandoned, wrecked or junked vehicles;
unlawful to leave on public or private property.
A. It shall be unlawful to park, store, or leave
or permit parking or storing of any licensed or unlicensed motor
vehicle of any kind, for a period of time in excess of 72 hours
which is in rusted, wrecked, junked, partially dismantled or
inoperative, or abandoned condition, whether attended or not,
upon any public or private property within the city limits,
unless same is completely enclosed within a building, or unless
it is in connection with a business enterprise lawfully situated
and licensed for same.
B. The accumulation and storage of one or more of
such vehicles as hereinbefore defined, on public or private
property shall constitute a nuisance, detrimental to the health,
safety and welfare of inhabitants of the city, and it shall be
the duty o£ the registered owner o£ such vehicle and it shall
also be the duty o£ the owner of the private property, or lessee
or other person in possession o£ private property upon which
such vehicle is located, to remove same from the city limits,
or to have the same housed in a building where it will not be
visible from the street.
C. It shall be the duty o£ the City Manager, or his
designee, to give written notice to the registered owner of any
motor vehicle which is in violation o£ this ordinance as des-
cribed above, or to give such notice to the owner or lessee of
private land upon which said motor vehicle is situated, giving
notice that said vehicle violates this ordinance, and demanding
that said motor vehicle be removed £rom the city limits within
72 hours, or that within 72 hours same may be housed in a
building where it will not be visible from the street. Said
notice may be given by personal service, or by registered mail,
with a return receipt requested.
Sec. 15-26 Penalty.
Any person, firm or corporation who shall violate the
provisions o£ Sec. 15-25 of this article shall, upon conviction
thereof, be punished as provided in Section 1-6 o£ the Code of
Ordinances of the City of Delray Beach. Provided, however, i£
the person, firm or corporation receiving the notice provided
for in subsection (C) above executes an agreement in a form
similar to that attached to this ordinance, the city will remove
the vehicle at no cost to the person receiving said notice, and
no warrant £or arrest will be issued."
Section 2: Should any section or provision of this
ordinance or any portion thereof, or any paragraph, sentence or
word be declared by a court of competent jurisdiction to be
invalid, such decision shall not a£fect the validity of the re-
mainder hereof as a whole or any part hereo£, other than the part
declared to be invalid.
PASSED AND ADOPTED this 10th day o£ August
1964.
Mayor
Attest:
--2--
~GREE~ENT
Know all men by these presents, that in considera-
tion of an offer by the City of Delray Beach, Florida, to
remove the hereinafter described automobile from certain
premises in the City, the undersigned warrants (that he is
the owner of the vehicle) (that he is the owner or occupant
of the property where the vehicle is located), and hereby
grants, bargains, sells, transfers and delivers unto the City
of Delray Beach, the following described automobile:
Dated this day of , 19 . .
Witnes se s:
Owner - Seller - Occupant
DELRAY BEACH NEWS-JOURNAL
Published Semi. Weekly
Delray Peach, ~ Beach County, Florida
PROOF OF PUBLICATION
fi~ATE OF FLORIDA ~ ~ .
News-Journal, a semi-weekly new~paper publkshed at De ~l~.y Beaeh~in ~ach Coupty, Florida;
that the attaehed eou~i advertisement bein~ tu~.:~:~.~.c.,=.d...~..~...:...L..'.~.~:_,~_~: ......
,. ...................................
Affiant ~urther says~mt the said Delmy ,Beach News-Journal ~s e sp~per published at Delmy
Beach, in said Palm Beach Count, Florida, and that the said new~paper has heretofore been
continuously publimh~ in said Palm Beach Cotmty, Floriaa, each week and has been entered
ms second class mail matter at the post office in Delray Beach, in said Palm Beach ~ounty,
Florida, ~o~ a period o! one yea~ next preceding the iimt publication o! the attached copy of
vertisement; and affiant ~urther says that he has neither paid nor pwmised any person, ~ o~
corporation any d~-'oun!, rebate, commission o~ ~efund ~o~ the ~ seeuri~ this adver-
tisement foe p. bhtio~ in the said new~paper~/~ / :~,~ //.,/~_.~
Sworn to and subscribed before me this