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14-001 1 2 3 4, ORDINANCE NO. 14- 00 5' 6 AN ORDINANCE OF THE CITY COMMISSION OF 7 THE CITY OF BOYNTON BEACH, FLORIDA, 8 AMENDING THE CODE OF ORDINANCES, PART II, 9 CHAPTER 10, ARTICLE III, SECTION 10 -50, 10 "DEFINITIONS" AND SECTION 10 -52, "STORING, 11 PARKING, OR LEAVING WRECKED OR 12 INOPERABLE MOTOR VEHICLES ON PRIVATE 13 PROVE -R VPROPERTY PROHIBITED AND 14 DECLARED A NUISANCE; EXCEPTIONS." TO 15 CLARIFY THE TIME LIMITS FOR COMPLIANCE; 16 PROVIDING FOR CONFLICTS, SEVERABILITY, 17 CODIFICATION AND AN EFFECTIVE DATE. 18 19 WHEREAS from time to time the City's staff reviews its Code of Ordinances to 20 determine whether such ordinances may be made more efficient; and 21 WHEREAS, the Code Compliance Division has reviewed Part II, Chapter 10, Article 22 III of the Code of Ordinances and determined that the time limits set forth in such section 23 should be streamlined and clarified; and 24 WHEREAS, upon the recommendation of staff, the City Commission deems it to be 25 n the best interest of the citizens and residents of the City to amend Part II, Chapter 10, 26 rticle III of the Code of Ordinances such that the time limits required for compliance are 27 a onsistent throughout the Code; and 28 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 29 HE CITY OF BOYNTON BEACH, THAT: 30 ! Section 1. The foregoing "Whereas" clauses are true and correct and incorporated 31 -rein by this reference. 32 33 Section 2. That Chapter 10, "Garbage, Trash and Offensive Conditions," Article 34 II , "Abandoned Property," Section 10 -50 entitled "Definitions" and Section 10 -52, entitled 35 ` '.toring, parking, or leaving wrecked or inoperable motor vehicles on private 36 _ propert} prohibited and declared a nuisance; exceptions." of the City of Boynton 1 Beach Code of Ordinances, be, and the same is hereby amended in its entirety to read as 2 follows: 3 4 Sec. 10 -50. Definitions. 5 For the purposes of this Article, the following words and phrases shall have the meaning set 6 forth herein. According to context, words used in the present tense include the future, singular 7 words include the plural, plural words include the singular, and masculine words shall include 8 the feminine gender. 9 • 10 Inoperable motor vehicles. A motor vehicle shall be deemed inoperable and/or abandoned if 11 a valid and current motor vehicle license is not affixed thereto in excess of thirty (30) calendar 12 days; provided however, that this shall not apply to motor vehicles located on private property 13 owned or leased by automobile dealers, new or used, possessing a current, valid, occupation 14 license; nor shall this definition apply to any antique or collector vehicle which is registered 15 with the State of Florida, pursuant to Florida Statutes, Section 320.086. 16 17 ... 18 19 Sec. 10 -52. Storing, parking, or leaving wrecked or inoperable motor vehicles on private 20 properly property prohibited and declared a nuisance; exceptions. 21 (a) No person shall park, store, leave or permit the parking, storing or leaving of any 22 abandoned property or wrecked or inoperable motor vehicle of any kind, whether attended or 23 not, upon any private property within the City, except that, with respect to an inoperable 24 motor vehicle, such vehicle may be parked, stored, or left on said property for a period of time 25 not to exceed seventy two (72) hours ten (10) days, as set forth in Sub - paragraph (c) of this 26 Section. The presence of such vehicles, or parts thereof, on private property is hereby declared 27 a public nuisance which may be abated in accordance with provisions of this Article. 28 29 Section 3. Each and every other provision of Chapter 10, of the Code of Ordinances 30 of the City of Boynton Beach not herein specifically amended shall remain in full force and 31 effect as previously enacted. 32 Section 4. All ordinances or parts of ordinances in conflict herewith be and the 33 .ame are hereby repealed, provided that no portion of the City of Boynton Beach Noise 34 ontrol Ordinance shall be repealed. 35 Section 5. Should any section or provision of this ordinance or portion hereof, any 36 .aragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, 37 such decision shall not affect the remainder of this ordinance. 38 Section 6. Authority is hereby granted to codify said ordinance. 39 Section 7. This ordinance shall become effective immediately upon passage. 40 FIRST READING this c? l d ay of uo,r y , 2014. pps3 City Cbb\Auto \Data\204 \ Items \195\2880 \3627 \Ordinances - _Amend_ Abandoned_ Property Doc 2 1 2 SECOND, FINAL READING AND PASSAGE this day of 3 , 2014. 4 CITY OF BOYNTON BH, FLORIDA 5 ry ( *'" .� 6 Mayor — Jerry ylo 7 8 9 i " ayor — Woodrow L. Hay 10 11 1 0 — 12 Commis 'o er — David T. Mer -r 13 14 ``rf.re 15 C e miss'. er — M. ha- . Fitzpatrick 16 17 • _ 18 C e missioner — Joe Casello 19 ATTEST: 20 21 l , / 22 'J J 23 ( Prainito, MMC, City Clerk 24 25 .. Ci Y 26 27 (C 4' 1 • ' cA X4" P U \,Apps3 City Cbb \Auto \Data\204 \Items\] 95\2880\ 3627\ Ordinances _- _Amend_Abandoned_Property Doc 3