O87-02ORDINANCE NO. 87-~.---
AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
FLORIDA, REPEALING ARTICLE III, CHAPTER 10,
"ABANDONED, WRECKED OR JUNKED VEHICLES", OF THE
CODE OF ORDINANCES OF THE CITY OF BOYNTON BEACH,
FLORIDA; BY ENACTING A NEW ARTICLE III, "ABANDONED
PROPERTY", TO PROVIDE FOR THE DISPOSITION OF
WRECKED AND ABANDONED PROPERTY WITHIN THE CONFINES
OF BOYNTON BEACH, FLORIDA; BY ENACTING A NEW
SECTION 10-50, "DEFINITIONS"; BY ENACTING A NEW
SECTION 10-51, "ABANDONMENT OF PROPERTY OR WRECKED
OR INOPERABLE MOTOR VEHICLES ON PUBLIC PROPERTY
PROHIBITED AND DECLARED A NUISANCE", PROVIDING FOR
A PROHIBITION AGAINST THE STORAGE OB ABANDONED,
WRECKED OR INOPERABLE MOTOR VEHICLES ON PUBLIC
PROPERTY AND PROVIDING A NOTICE PROVISION PROVID-
ING FOR REMOVAL OF SAID PROPERTY; BY ENACTING A
NEW SECTION 10-52 "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, PROVIDING FOR EXCEPTIONS, PROVIDING A
NOTICE CLAUSE, PROVIDING A HEARING, AND PROVIDING
FOR R~OVAL OF THE PROPERTY; BY ENACTING A NEW
SECTION 10-53 "NUISANCE ABATEMENT BID PROCEDURE";
BY ENACTING A NEW SECTION 10-54 "ASSESSMENT OF
COSTS, INTEREST AND ATTORNEY FEES; LIEN", PROVID-
ING FOR THE ASSESSMENT OF COSTS AND ENFORCEMENT OF
SUCH COSTS; PROVIDING A GENERAL REPEALER CLAUSE;
PROVIDING A SAVINGS CLAUSE AND PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOYNTON
BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That Chapter 10, Article III, "Abandoned,
Wrecked or Junked Vehicles", of the Code of Ordinances of
the City of Boynton Beach, Florida is hereby repealed in its
entirety.
SECTION 2. That Chapter 10, "Garbage, Trash and
Offensive Conditions", of the Code of Ordinances of the City
of Boynton Beach, Florida, is hereby amended by enacting a
new Article III, "Abandoned Property", to read as follows:
10-50 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 thirty-five (35) years or more which is registered
with the State of Florida pursuant to Florida Statutes
Section 320.086.
2) "City" is the City of Boynton 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.
(i6) "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, buildings, grounds, parks, playgrounds,
streets, sidewalks, parkways, rights-of-way, and other
similar property.
(8) "Wrecked Motor Vehicle" is any motor vehicle the
condition of which is wrecked, dismantled, partially
dismantled, 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.
10-51. Abandonment of Property or Wrecked or
Inoperable Motor Vehicles on Public Property Prohibited and
Declared a Nuisance.
(a) Prohibited. 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 seventy-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 Property. Whenever the
City Manager or his or her designate of the City shall
ascertain that an article of abandoned property is
present on public property within the~limits of the
City of Boynton 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;
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otherwise it shall be presumed to be abandoned
property and will be removed and destroyed by
Order of the City of Boynton 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 enforcement 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 government 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
(10-53), in which case the salvage value may be deposited in
the City of Boynton Beach general fund.
10-52. Storing, Parking, or Leaving Wrecked or
Inoperable Motor Vehicles on Private Property Prohibited and
Declared a Nuisance~ exceptions.
(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 connection 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 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.
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(c) Whenever the enforcement officer of the City shall
ascertain'that an article or articles of abandoned
property are p~esent on private property within the
limits of the City of Boynton 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
improperly 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 10, Boynton
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
Boynton 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 property
upon which the abandoned articles are located, as shown by
the real estate tax records used by the City of Boynton
Beach, and if the abandoned 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)
Hearing. 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) Removal. If the owner or other interested person
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has not requested a hearing within seven (7) days,
the City shall have the right to have the
objectionable condition corrected or 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 , the enforcement officer may cause
by the local government to be applied against the
cost of removal destruction thereof, unless
the cost of ~nd destruction are paid by
the owner as provided in subsection (10-54).
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 Boynton 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 government officer shall notify the
owner of th~ amount owned and of the penalty provision of
the section.
(3) Notification of Removal to Owner and Other
Interested Parties. 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 departments 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
information:
(a)
Year, make, model, and serial number of the motor
vehicle.
(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
registration 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.
(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 circulation in the
City of Boynton 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.
10-53. Nuisance Abatement Bid Procedure. The services
entailed 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.
10-54.
fees~ lien.
Assessment of costs, interest and attorney's
(a)
Assessment. 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 by 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,
including 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 proceedings are
necessary, that the property owner would be
required to pay the cost of such proceedings
including 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
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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
reasonable 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
TO:
Date
ADDRESS:
You are hereby advised that the City of Boynton Beach
did on or about the day of , 198 , abate
the nuisance which was ~ound to exist on your property. The
nuisance was abated at a cost, including costs of inspection
and administration· of ! . In
accordance with City Ordinar
mailed to you a notice of ag
The required payment has not
pursuant to City Ordinance
recorded against your prope~
resolution. Please take notJ
addition to the original cog
payment of eight per cent (~
cost of collection includin¢
At such time as the City of'
payment for such lien, the
representative will execute
lien from your property, the
be borne by you.
CITY OF
by:
(B) Enforcement of As~
The City may enforce ti
at law or foreclosure of the
in the same manner as mortg~
law. In either type of actJ
to interest at the rate of E
of assessment, collection CE
fees.
Section 3. That all o]
in conflict herewith be and
Lces my office has previously
:sessment requesting payment.
~ been received; therefore,
· equirements a lien has been
'ty in the form of the attached
.ce that the resolution, in
:t of the abatement, requires
I%) interest per annum and the
I a reasonable attorney's fee.
Boynton Beach has received
~ity Manager or his designated
a release thereof to remove the
recording cost of which shall
BOYNTON BEACH~ FLORIDA
:essment.
Le assessment by either an action
~ lien, which shall be foreclosed
Lges are foreclosed under Florida
.on, the City shall be entitled
tight per cent (8%) from the date
~st and reasonable attorney's
'dinances or parts of ordinances
the same are hereby repealed.
Section 4. That this ¢
ten (i-~ ~s ~fter passage
FI~T READING this ~ [ day of ~. ~? ~
~rdinance shall become effective
on second and final reading.
· 1987.
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SECOND, FINAL READING AND PASSAGE this ~ day of
ATTEST:
City ~rk-
CITY OF BOYNTON BEACH, FLORIDA
Cou~il Member ~ ~
Coun~Member
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