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£
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(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