58-94 ORDINANCE NO. 58-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 90,
"ABANDONED PROPERTY; JUNKYARDS", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY
AMENDING SECTION 90.02, "ABANDONMENT OF PROPERTY OR
WRECKED OR INOPERABLE MOTOR VEHICLES ON PUBLIC
PROPERTY", SUBSECTION (B), TO PROVIDE THAT
ENFORCEMENT OFFICERS BE AUTHORIZED TO ADMINISTER THE
PROVISIONS OF THIS SECTION; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Title 9, "General Regulations", Chapter
90, "Abandoned Property; Junkyards", Subheading "Abandoned Property",
Section 90.02, "Abandonment of Property or Wrecked or Inoperable
Motor Vehicles on Public Property", of the Code of Ordinances of the
City of Delray Beach, Florida, be, and the same is hereby amended to
read as follows:
Section 90.02 ABANDONMENT OF PROPERTX OR WRECKED OR INOPERABLE MOTOR
VEHICLES ON PUBLIC PROPERTX.
(A) No person shall abandon or leave any property 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 72 hours. The presence of those
vehicles, or parts thereof, on public property is declared to be a
public nuisance which may be abated in accordance with the provisions
of this subchapter. This section does not apply to motor vehicles
parked or stored on public property by the city or any of its
departments.
(B) Whenever an ~¢¢/~¢¢~ enforcement officer shall
ascertain that an article of abandoned property is present on public
property within the limits of the city, he shall cause a notice to be
placed upon that 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 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 ~~
~$¢~ enforcement officer)."
(1) The notice shall be not less than eight inches by
ten inches and shall be sufficiently weatherproof to withstand normal
exposure to the elements. In addition to posting, the ~$/~~
enfQrc~ment officer shall make a reasonable effort to ascertain the
name and address of the owner; and, if this is reasonably available
to the D~$¢~/~¢~$ enforcement officer, he shall mail a copy of
the notice to the owner on or before the date of posting.
(2) If, at the end of ten (10) days after posting the
notice, the owner or any person interested in the abandoned vehicle
or article described in the notice has not removed the article from
public property or demanded a hearing in compliance with the
provisions of this subchapter or shown reasonable cause for failure
so to do, the ~¢~ /¢~$¢¢~ enforcement officer may cause the
article of abandoned property to be removed and destroyed. The
salvage value, if any, of the article shall be retained by the city
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 Sec. 90.06, in which case the salvage value may be deposited in
the City General Fund.
Section 2. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 3. 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.
~ That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the 2nd day of /~1 ~Au 994.
ATTEST: ~, ~ ~ -- ~
~City C~erk '
First Reading July 19, 1994
Second Reading Auqust 2, 1994
- 2 - Ord. No. 58-94
CITY DF DELRR't BEIIgH
CITY ATTORNEY'S OFFII E
TELEPHONE 407/243-7823 · FACSIMILE 407/243-7816
POLICE LEGAL ADVISOR
TO: David Harden City Manager
FROM: Eric D. Hightower, Police Legal Advisor
DATE: July 6, 1994
SUBJECT: ABANDONED VEHICLE ORDINANCE
Attached for your consideration is a copy of the revised Abandoned
Vehicle Ordinance, Section 90.02. The City Attorney's Office has
reviewed the ordinance and find it legally sufficient.
The revisions will allow our Code Enforcement Officers to handle
abandoned vehicles on public property as well as private property. This
is pursuant to F.S. 705.1015, which allows local governments this
discretion. Also, by using the word "enforcement officers" in the
ordinance, police officers will still retain their authority as well.
This change will not affect the City's liability since the change
is allowed by Florida Statutes. Also, the due process authorized by our
ordinance comports with the due process authorized under F.S. 705.
If this ordinance meets with your approval, please place the
ordinance on the Commission agenda at your earliest convenience.
Thank you for you time and patience in this matter.
Chief Richard Overman I g
Susan Ruby, City Attorney