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HomeMy WebLinkAboutOrdinance_263_06/27/1978 • • ORDINANCE NO. 263 AN ORDINANCE OF THE VILLAGE OF TEQUESTA, FLORIDA, RELATING TO ABANDONED, WRECKED, JUNKED, INOPERATIVE OR PARTIALLY DISMANTLED MOTOR VEHICLES, TRAILERS, BOATS, BICYCLES, MACHINERY, REFRIGERATORS, WASHING MACHINES, PLUMBING FIXTURES, FURNITURE AND OTHER SIMILAR ARTICLES; PROHIBITING THE STORAGE, REPAIR OR DISMANTLING THEREOF ON PUBLIC OR PRIVATE PROPERTY WITHIN THE VILLAGE; DECLARING THE SAME TO BE A PUBLIC NUISANCE; PROVIDING FOR THE ABATEMENT OF SUCH NUISANCES; PROVIDING FOR THE DISPOSITION AT PUBLIC AUCTION OF SUCH ITEMS AND ITEMS LOST WITHIN THE VILLAGE; PROVIDING PENALTIES FOR VIOLATION OF THIS ORDINANCE; PROVIDING AN EFFECTIVE DATE; PRO- ' VIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION. i ii ~j BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF 'jTEQUESTA, FLORIDA: Section 1. No person shall park, store, leave or permit l,the parking, storing or leaving of any motor vehicle of any kind or ~~ 'of any trailer, boat, bicycle, machinery, refrigerator, washing ',',machine, plumbing fixture, furniture or other similar articles which ''are in an abandoned, wrecked, dismantled, inoperative, rusted, junked Ilor partially dismantled condition, whether attended or not, upon any (',public or private property within the Village for a period of time ',I!in excess of seventy-two (72) hours. The presence of an abandoned, 'wrecked, dismantled, inoperative, rusted, junked or partially dis- h (!,,;mantled vehicle or article described herein on private or public !,property is hereby declared a public nuisance which may be abated las such in accordance with the provisions of this Ordinance. This ~~section shall not apply to any vehicle or article described herein ',which is completely enclosed within a building on private property '~,or to any such property held in connection with a business enter- prise, lawfully licensed by the Village and properly operated in ,the appropriate business zone pursuant to the zoning laws of the ~',~ Village. Section 2. Whenever it comes to the attention of the Village of Tequesta Police Department that any nuisance exists under .the terms of this Ordinance, a notice in writing shall be served upon ;the occupant of the land where the nuisance exists, or in case there ' !his no such occupant, then upon the owner of the property or his i ,';agent, notifying them of the existence of the nuisance and requesting'. !fits removal in the time specified in this Ordinance. ~' ''' i -~'" j ff~ • • Section 3. Upon proper notice and opportunity to be heard ii the owner of the abandoned, wrecked, dismantled or inoperative livehicle or property and the owner or occupant of the private property; i Ion which the same is located, either or all of them shall be respon- I ''sible for its removal. In the event of removal and disposition by !!.the Village, the owner or occupant of the private property where 'same is located, shall be liable for the expenses incurred. ~' Section 4. An officer of the Police Department of the ~~ Village shall give notice of removal to the owner or occupant of the private property where it is located at least ten (10) days before (the time of compliance. In all cases, it shall constitute sufficient) (notice when a copy of same is posted in a conspicious place upon the I a article constituting the nuisance, or the private property on which the nuisance is located, if applicable, and duplicate copies are sent E by certified mail to the owner or occupant of said property at his ~ last known address. Section 5. The notice hereinabove described shall contain the request for removal within the time specified in this Ordinance land the notice shall advise that upon failure to comply with the !notice to remove, the Village or its designee shall undertake such removal with the cost of removal to be levied against the owner or occupant of the property. Section 6. The person or persons to whom the notices are directed or their duly authorized agents may file a written request for a hearing before the Village Council of the Village of Tequesta 'or its designee within the ten (10) day period of compliance pre- scribed above for the purpose of defending the charges by the Villag ;The hearing shall be held as soon as practicable after the filing of i (the request and persons to whom the notices are directed shall be ~jadvised of the time and place of said hearing at least ten (10) days '; ii `jin advance thereof. At such hearing the Village and the persons to jwhom the notices have been directed may introduce such witnesses and ;evidence as either party deems necessary. L Section 7. If the violation described in the notice has not been remedied within the ten (10) day period of compliance or in 1 the event that notice requesting a hearing is timely filed, a hearing set and the existence of the violation is affirmed by the Village Council or its designee, the Police Department of the Village shall have the right to take possession of the property and remove it from the premises. It shall be unlawful for any person to refuse to allow .such person or persons to enter upon private property for the purpose! ', of removing property described herein under the provisions of this I 'Ordinance. Section 8. Within forty-eight (48) hours after removal, i~',the Police Department of the Village shall give notice to the owner 'I',or occupant of the private property from which the nuisance was '~~',removed, and in cases of a motor vehicle, to the registered owner ',thereof, that the article has been impounded and stored for violation ~!of this Ordinance. The notice shall give the location where the ijarticle is stored, and the cost incurred by the Village for removal. 'll Section 9. Upon removing property described herein under !~I~the rovisions of this Ordinance th Vil a al f r n 10 p e 1 ge sh 1 a to to ( ) ,'Nays cause it to be appraised. If the property is appraised at !'seventy-five dollars (.$75.00) or less, the Chief of Police shall ~~lexecute an affidavit so attesting and describing the vehicle or liproperty including the license plates, if any, and stating the location and appraised value of the vehicle. The Chief of Police, after complying with the above, may summarily dispose of the vehicle and execute a certificate of sale. If the property is appraised at over seventy-five dollars ($75.00), the Chief of Police shall give notice of public sale not less than thirty (30) days before the date Hof the proposed sale. ~i '~ Section 10. The notice of sale shall state: 4~ !i a) The sale is of abandoned or lost property in the ,~ ~; possession of the Village. b) 'which will accurately identify the property. ;~ A description of the property and any other information; c) The terms of the sale. • d) The date, time and place of the sale. Section 11. The property shall be sold to the highest and best bidder. At the time of payment of the purchase price, the Chief, of Police shall execute a certificate of sale in duplicate, the original of which is to be given to the purchaser, and the copy thereof to be filed with the Village Clerk. Should the sale for any i! reason be held invalid, the Village's liability shall be limited to ',the return of the purchase price. Section 12. The owner of any property seized under the ijprovisions of this Ordinance may redeem same at any time after its removal but prior to the sale or destruction thereof upon proof of ~ ownership and payment to the Village Manager of such sum as he may determine and fix for the actual and reasonable expense of removal and any preliminary sale advertising expenses, not to exceed fifty dollars (_$50.00) plus the storage costs incurred by the Village in regard to said property. Section 13. Upon the failure of the owner or occupant of property on which property herein described has been removed by the Village to pay the unrecovered expenses incurred by the Village in such removal, a lien shall be placed upon the property for the amount of such expenses. Section 14. Any and all property found by a Village employee while on duty which does not meet the terms and description of the property described herein above may be considered lost property. Any and all such property shall be held by the Village for a period of ninety (90) days. The Village Manager shall attempt 'to discover and notify the owner of such property within said ninety !~, ~(90) day period and in the event the property is not claimed by the I jowner, it shall become the property of the Village. In the event i~ the property is not claimed within the ninety (90) day period, the ,; ~~Village shall publish notice as herein above described. '~, ~~ Section 15. A person, firm or corporation violating any ii !of the provisions of this Ordinance shall upon conviction thereof be ;;punished by a fine not exceeding five-hundred dollars ($500.00) or imprisonment for a term not exceeding sixty (60) days, or by both such fine and imprisonment. Each day such violation is committed or permitted to continue shall constitute a separate offense and • ~ shall be punishable as set forth herein. Section 16. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 17. If any section, subsection, sentence, clause or phrase of this Ordinance is held invalid by any court of compe- tent jurisdiction, such section, subsection, sentence, clause or phrase shall be deemed severable from the remaining portions of this Ordinance and such remaining portions shall not be invalid or other- ~Iwise effected thereby. Section 18. This Ordinance shall upon adoption be codifi and become a part of the official Code of Ordinances of the Village of Tequesta. Section 19. This Ordinance shall take effect upon its 'passage and approval as provided by law. THE FOREGOING ORDINANCE was offered by Council Member Mapes who moved its adoption. The (Ordinance was seconded by Council Member Ryan viand upon being put to a vote, the vote was as follows: FOR ADOPTION: W. Harvey Mapes, Jr. James H. Ryan Howard F. Brown Joseph D. Yoder, Jr. AGAINST ADOPTION: The Mayor tr~ereupon declared the Ordinance duly passed and adopted this 27th day of June A.D., 1978. MAYOR OF TEQUESTA (ATTEST: ;; I ~~4 ~~ _f ~ Assi ant Village Clerk