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Ordinance No. 75-88-7 v ORDINANCE NO. 75-88-7 AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 21, ARTICLE II, DIVISION 1 , SECTION 21-24(a) TO PROVIDE FOR ADOPTION BY REFERENCE OF FLORIDA STATUTES, CHAPTER 705 IN ITS ENTIRETY; AMENDING SECTION 21-24 TO PROVIDE A NEW SUBPARAGRAPH (a) (1) PROVIDING PROCEDURES FOR THE REMOVAL OF ABANDONED PROPERTY FROM PRIVATE PROPERTY; PROVIDING AN EFFECTIVE DATE BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA Section 1. Chapter 21 , Article II, Division 1 , Section 21-24(a) is hereby amended to read as follows: CHAPTER 21 TRAFFIC AND MOTOR VEHICLES ARTICLE II. STOPPING, STANDING AND PARKING DIVISION 1. GENERALLY Section 21-24. Abandoned, Wrecked, Junked, Inoperative, Property, etc. - Declared unlawful; Exception; Nuisance declared. (a) Abandoned Property. Florida Statute Chapter 84-I6;--Sect-ion 4}- 41-reR-01-484 Chapter 705 is hereby adopted by reference in its entirety as if fully set forth herein. The--ffev4siees-o£ hla-F 1Ae-r--7-0- b r an -keer-shall-Ret-eppiy-te-said abandeRed-property-lf-the-same-Is-eempletely-enelesed-withlR-a build}Rg-er- rics3 t- 9-tftI.1 --if►- 3-opt--w-i-t -&-1314 Ress-eft a prise-le6a€telly-sl eeted-esd-I}eeRsed-€e--same- (1) Abandoned property on private property; Procedures for removal thereof. a. Whenever the enforcement officer, Atlantic Beach police officer or Atlantic Beach code enforcement officer, shall ascertain that an article or articles of abandoned property are present on private property within the limits of Atlantic Beach in violation of any zoning ordinance or regulation, anti-litter ordinance or regulation, or other similar ordinance or regulation of Atlantic Beach, 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 (set forth ordinance or regulation violated) and must be removed within ten (10) days or, if the property is a boat, thirty (30) 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 Atlantic Beach. If the property is a motor vehicle or boat, the owner will be liable for the costs of removal and destruction. Dated this: (Set forth date of posting of notice) . Signed: (Set forth name, title, address and telephone number of enforcement officer) . Such notice shall not be less that eight (8) inches by ten (10) inches and shall be sufficiently weatherproofed to withstand normal exposure to the elements for a period of ten days. In addition to posting the notice, and 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 record used by the City of Atlantic 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 the notice to such owner. b. If at the end of ten (10) days (or if the property is a boat, thirty (30) days) after posting such notice, the owner or any person interested in the abandoned article or articles described in such notice has not removed the article or articles and complied with the ordinance or regulation cited in the notice, the enforcement officer may cause the article or articles of abandoned property to be removed and destroyed. The salvage value, if any, of such article or articles shall be retained by the City of Atlantic Beach to be applied against the cost of removal and destruction thereof, unless the cost of removal and destruction is paid by the owner, in which case the salvage value may be deposited in the local government general fund. (b) Nuisance Declared. To accumulate or store one (1) or more of such vehicles 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 of the registered owner of the vehicle, and the property upon which the vehicle is located to remove the vehicle from the city limits, or to have the vehicle housed in a building where it will not be visible from the street. Section 2. This Ordinance shall take effect upon its adoption. Passed by the City Commission on first reading August 8, 1988 Passed by the City Commission on second & final reading September 12, 1988. William S. Howell, Mayor, Presiding Officer Approved as to form and correctness: Claude L. Mullis, City Attorney ATTEST: Adelaide R. Tucker, City Clerk