Item 10A- Discussion on Towing OrdinanceItem 10A
January 9, 2017
AGENDA ITEM:
SUBMITTED BY:
REPORT DATE:
BACKGROUND:
JUSTIFICATION:
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
Abandoned, Dismantled, Inoperable, Unlicensed or Expired
Registration Vehicle Towing Ordinance
John M. Stinson, Commissioner, Seat No.2
13th of December 2016
On the 10th of October 2016, the City of Atlantic Beach, City
Commission was addressed by Miss Sharette Simpkins of 3 54
19th Street, Atlantic Beach, about an ongoing concern and
violation of the City Codes. The violation as described by Miss
Simpkins was that of an abandoned / inoperable vehicle
directly across 19th Street from her home.
The complaint was again presented along with detailed actions
taken to resolve the violations by the City's Code Enforcement
officer, Ms. Debbie White. These facts were presented to the
City of Atlantic Beach, Code Enforcement Board on the 9th of
November 2016.
From the presenter's work as a member of the Code
Enforcement Board for approximately three years, and follow
up discussions with members of the City's staff, indicate that
although the City's Code provides for a finding of violation in
the event an automobile is abandoned or inoperable, the Codes
have no provision for enforcement that include removal of the
vehicle at the owner's expense.
There may be other historical information, not presented in
this chronology and not available at the time of the drafting of
this report.
The presence of an abandoned or inoperable vehicle on
property not properly zoned and permitted to store such
vehicles does constitute a hazard to the health, safety and
environmental protection of the residents and the City of
Atlantic Beach.
City Code, Chapter 24, Article II, Section 24-17 defines an
abandoned vehicle as "any junked, discarded, or inoperable
Item 10A
January 9, 2017
BUDGET:
RECOMMENDATION:
ATTACHMENTS:
motor vehicle, including any boat, motor, trailer and the like,
with a mechanical or structural condition that precludes its
ability for street travel or its intended use, or one that is
dismantled, discarded, wrecked, demolished or not bearing
current license tags."
An older Ordinance, Ordinance 7 5-88-7 which is no longer
effective, actually authorized the Code Enforcement Officer to
remove abandoned property at the expense of the owner. It is
the understanding of this Commissioner this enforcement
option is no longer available to ensure compliance with the
Codes and Ordinances of the City of Atlantic Beach.
Based on the recently proposed (12th of December 2016)
"Ordinance ofthe City ofAtlantic Beach creating a pilot program
for permitting backyard hens.... " and the absence of any cost
associated with the drafting of that particular ordinance nor
any budgetary impact as set forth in that recommended action
by the City Manager and his staff, it is anticipated there would
also be no budgetary impact to draft this proposed Ordinance.
It is recommended for the City Commission to direct the City
Manager to work in concert with the City Attorney and the City
Manager's staff to draft an Ordinance for presentation to the
City Commission for consideration and possible ratification at
the regularly scheduled City Commission meeting of the 23rd of
January 2017.
1. Pertinent sections of the Minutes of the City of Atlantic
Beach, Florida, City Commission meeting, of the 10th of October
2016:
2. Pertinent sections of the Minutes of the City of Atlantic
Beach, Florida, Code Enforcement Board meeting of the 9th of
November 2016:
3. Pertinent copies of the Article II, Section 24-17, Definitions,
that pertain to abandoned vehicles:
4. Any pertinent sections of the City of Atlantic Beach Charter,
Code of Ordinances or Resolutions addressing abandoned
vehicles currently active and enforceable:
5. Copies of Ordinance 75-88-7:
6. Copies of an example Ordinance from the City of
Jacksonville Beach, Florida, Ordinance 93-7559;
7. Copies of example language from the City of Neptune Beach,
Florida, Code of Ordinances, Section 22-35-Junked,
abandoned property.
Item 10A
January 9, 2017
PRESENTATIONS: None at this time.
APPROVAL:
Approved to form and correctness by:
John M. Stinson, City Commission, Seat No.2
Item 10A
January 9, 2017
Attachment 1
October 10, 2016 DRAFT REGULAR COMMISSION MEETING Page3
City by providing supplies and equipment for the fields. She believes they serve more citizens than any other
activity in the city and they plow more money back into the city facilities than any other 50l(c)(3) organization in
the city and suggested their contract be renewed at an annual cost of$10.00.
Sharette Simpkins, 354 19th St., stated she is disgusted about how code enforcement works for Atlantic Beach.
She noted she has been in the same house for 30 years and has seen things go haywire. She gave examples of how
the City handled her complaints, noting she has been writing complaint letters since 1999 and is still dealing with
the same problem. She read from a letter she wrote to the Mayor on July 13, 2016 regarding several complaints she
had submitted to the City of Atlantic Beach Code Enforcement Office. She further explained why she believes the
se!Vices she is receiving from the City is insufficient and would like code enforcement to review the Code and make
necessary changes. .
Bt·oolce Anderson, 824 Sherry Dr., parent of a child who has benefitted from Aine Healy Richardson's program,
spoke in support of the First Act program being at the Adele Grage Theater. She thanked the Commission for
listening and valuing the desires of Atlantic Beach residents. She also thanked Commissioner Stinson for being
action-oriented and for coordinating a meeting with the appropriate stakeholders to rapidly coming up with a
solution that allows First Act to return to their home theater. She expressed gratitude to Mayor Reeves for his
handling of the weather emergency and for his capable leadership and desire to serve the citizens.
Judy Hulett, 1100 Seagate Ave., Neptune Beach, president of ABET, thanked the Commission for always
supporting ABET. She explained what ABET does for the City. They offer the community local theater; they bring
people into the City; and they entered into an agreement with the City for a grant where they pledged $25,000 for
improvements to the building which will benefit everyone, if the grant is received. She stated they do try to make
sure others can use the building as well for things such as weddings and Songwriters. She is proud that the City
supports and appreciates the theater for their citizens.
City Clerk Bartle read the names and comments from the citizens who did not want to speak as follows:
Ingrid McCawley, 345 4th St., supports First Act's utilization ofthe Adele Grage Community Center for the benefit
of our community.
Mary Di Matthew, 901 Ocean Blvd. #10, supports First Act.
Sally Clemens, 1638 Park Terrace West, supports Item 8C.
Anne Marie A wad, 2254 Barefoot Trace, supports First Act.
No one else from the (lUdience spoke so Mayor Reeves closed the Courtesy of the Floor to Visitors.
3. Unfinished Business from Previous Meetings
A. Establishing the Beautification & Natural Resource Preservation Advisory
Committee and Appointing the Members.
Mayor Reeves asked that each Commissioner present two names for membership on the Committee and
explained that Commissioner Waters submitted hers to the City Clerk which she will report. The names
were given as follows:
Commissioner Waters~ Linda Lanier and Bruce Andrews
Commissioner Stinson -Mike Barno and Sarah Andrew Dark
Commissioner Hill -Tim Anderson and Don Ford
Commissioner Harding -Dawn Scott
Commissioner Harding tried choosing John NQvember as his second name but Mayo•· Reeves advised
him that Mr. November has already been appointed. After brief discussion, he decided to yield the
Item 10A
January 9, 2017
Attachment 2
16-345 EVGENY CHERNAYAK IPMC. 12-1 (b)(3) Rubbish, filth Nuisance
TRUSTEE Sec. 24-173(b)(l) Outside storage
1350 TULIP ST IPMC Sec.301.3 Vacant Structures & Land
Ms. White presented the case, stating there were several violations on this case, but most have been resolved.
She stated the two remaining violations are the nuisance Sec. 12-1 (b)(3) Rubbish and filth, and Sec. 24-173
(b )(1) Outside storage. She stated as soon as she sent Mr. Chemayak the letter citing him for all the violations
he took care of them, with the exception of these two violations. She said Mr. Chemayak is here to address the
Board.
Evgeny Chernayak, explained this is an investment property and the tenants did not keep up the property and
he had to evict them. He stated he is planning to clean up the rest of the property within the next two weeks.
Staff recommends the Board find the property owner in violation and orders that compliance be achieved by
removing all discarded lumber, trash, debris, and building materials from the yard by November 21, 2016 or a
fine of $100.00 be imposed for the first day and $100.00 for every day thereafter the violation continues to
exists. The property owner is responsible for contacting the City Code Enforcement Officer and obtaining an
inspection of compliance.
Chair de Luna asked Mr. Chemayak if he understood the recommendation and Mr. Chemayak affirmed that he
will be able to complete the work by November 21, 2016.
Motion: The Board adopts the staff recommendation.
Moved by Sasser, Seconded by Lombardi
The motion was approved unanimously.
16-283 KENNETH ALLEN IPMC SEC. 302.8 Motor Vehicles
WEATHERBY IPMC SEC. 302.4 Weeds
35119TH ST SEC. 12-1 Nuisances (b)
Ms. White presented the case, stating Mr. Weatherby called her this afternoon to let her know he had a conflict
and could not make tonight's hearing. She read the violations and presented photos of the property, noting the
position of the left front tire of the vehicle, which remained constant throughout the photos. She stated there is
a lot of debris in the yard and it is in really bad shape. She spoke to Mr. Weatherby today about the vehicle and
he knows it has to be moved, it has not been moved since July. Mr.Weatherby stated it had a dead battery. She
stated he knows he has to move the vehicle and finish cleaning up the yard. She stated he told her he would
take care of it and call her when it was done, and she let him know she would relay this to the Board.
Staff recommends the Board find the property owner in violation and orders that compliance be achieved by
removing the inoperable vehicle from the premises and mowing and cleaning the yard by November 21, 2016,
or making the vehicle operable and moving it or a fme of $200.00 be imposed for the first day and $200.00 for
every day thereafter the violation continues to exists. The property owner is responsible for contacting the City
Code Enforcement Officer and obtaining an inspection of compliance.
Sharette Simpkins, 354 191h Street, stated she lives across from this property and it has been an eyesore for
twenty-five years. She stated she has put in complaint after complaint and nothing has been done. She stated
the car has been sitting there forever, more than two or three years, because he bought a new one. She stated
she knows someone is there, she sees him come in and out sometimes. She stated he has a screen door on his
front door that stays open continuously. She stated people will ask her if anyone lives there, and she tells them
yes, but they are not taking care of their property. She said her property is too valuable for someone to be
living across the street from her like this and she hopes this will be resolved or that he will be fined.
Draft Minutes of the Code Enforcement Board on November 9, 2016 Page 5 of 8
Item 10A
January 9, 2017
Attachment 2
Motion: The Board adopts the staff recommendation.
Moved by Norman, Seconded by Glasser
Mr. Sasser asked if the vehicle has a current tag and Ms. White stated it initially had an expired tag but it is now
current. Mr. Sasser stated we could have it towed if it was not current and Ms. White stated the City does not
have a tow ordinance to tow cars.
The motion was approved unanimously.
16-372 KEVIN LUNNEY Sec. 24-163 (b )(2) Heavy Vehicle
322 EAST COAST DR Sec. 24-163 (b)(2) Heavy Vehicle Store
Ms. White presented the case, stating this property is actually a duplex owned by Kevin Lunney of Brooklyn,
New York. She read the violations and presented photos of the property, stating he initially had two boats in
the front yard setback, but one was removed after she cited him. She stated she has not had contact with anyone
regarding this violation. She stated he received and signed for the NOH on September 24, 2016.
Staff recommends the Board find the property owner in violation and orders that compliance be achieved by
removing the boat stored in the front yard and cease future storage of boats in the front yard by November 21,
2016 or a fine of $100.00 be imposed for the first day and $100.00 for every day thereafter the violation
continues to exists. The property owner is responsible for contacting the City Code Enforcement Officer and
obtaining an inspection of compliance.
Ms. Glasser asked how long residents are allowed to keep a boat parked in the driveway. Ms. White explained
they must be fifteen feet back from your property line and perpendicular to the property, so the front yard is
clear.
Motion: The Board adopts the staff recommendation.
Moved by Lombardi, Seconded by Hansen
Mr. Sasser asked if the property owner accepted notification in New York, and Ms. White said yes.
The motion was approved unanimously.
16-387 FEDERAL NATIONAL Sec. 24-163 (b )(2) Heavy Vehicle Store
MORTGAGE ASSO IPMC Sec. 304.3 Premises Identification
1365 VIOLET ST
Ms. White presented the case, noting there are several violations listed on the report that have nothing to do
with this case, they are merging incorrectly. She stated this has been a nuisance property in violation of Sec.
24-163 (b )(2) Heavy Vehicle Storage and IMPC Sec. 304.3 Premises Identification. She stated the property
was in violations, but they have cleaned it up and it is now compliant. She stated this was a foreclosure and the
bank has title to it now. She stated they received and signed for the NOH on October 11, 2016.
Staff recommends the Board find the property owner in violation for the time in violation and now in
compliance.
Motion: The Board adopts the staff recommendation.
Moved by Sasser, Seconded by Glasser
The motion was approved unanimously.
Draft Minutes of the Code Enforcement Board on November 9, 2016 Page 6 of 8
Item 10A
January 9, 2017
Attachment 3
Atlantic Beach Code
Sec. 24-16.-Construction of language.
The following rules of construction shall apply to the text of this chapter:
(a) The particular or specific shall control the general.
(b) In case of any difference in the meaning or implication between the text of this chapter and any
caption or illustrative table, the text shall control.
(c) The word "shall" is always mandatory and not discretionary. The word "may" is permissive.
(d) "Building" or "structure" includes any part thereof, and these terms may be used interchangeably.
(e) The phrase "used for" includes "arranged for," "designed for," "maintained for" or "occupied for."
(f) Unless the context clearly indicates the contrary, where a regulation involves two (2) or more
items, conditions, provisions or events connected by the conjunction "and," "or" or "either ... or,"
the conjunction shall be interpreted as follows:
(1) "And" indicates that all the connected items, conditions, provisions or events shall apply.
(2) "Or" indicates that the connected items, conditions, provisions or events may apply singly or
in any combination.
(3) "Either/or" indicates that the connected items, conditions, provisions or events shall apply
singly, but not in combination.
(g) The word "includes" shall not limit a term to the specified examples, but is intended to extend its
meaning to all other instances or circumstances of like kind or character.
(h) In the event that the provisions, as set forth within this chapter, conflict with those of any other
federal law, Florida Statute, local ordinance, resolution or regulation, including the comprehensive
plan for the City of Atlantic Beach, or any other applicable law, the more stringent standard,
limitation or requirement shall govern to the extent of the conflict, and further provided that such
other requirement is not in conflict with the adopted comprehensive plan.
(i) Any reference to Florida Statutes, the Florida Administrative Code, the Florida Building Code, and
any other federal, state or local ordinance, resolution or regulation shall mean as in effect at the
time such is applied, including all amendments made effective after the initial effective date of
these land development regulations.
Definition of Abandoned Vehicle per AB Code Sec. 24-17.-Definitions:
"Abandoned vehicle shall mean any junked, discarded, or inoperable motor vehicle, including any boat,
motorcycle, trailer and the like, with a mechanical or structural condition that precludes its ability for street
travel or its intended use, or one that is dismantled, discarded, wrecked, demolished or not bearing current
license tags. No such vehicle shall be parked or stored openly in any zoning district unless expressly
permitted within that zoning district. "
Page 1
Item 10A
January 9, 2017
Attachment 4
Sec. 21-24.-Abandoned, wrecked, junked or inoperative property, etc.-Declared unlawful; exception;
nuisance declared.
Florida Statutes Chapter 705 is hereby adopted by reference as if fully set forth herein.
(Ord. No. 75-04-16, § 1, 9-13-04)
Sec. 21-25.-Removing and impounding.
Members of the department of public safety of the city are hereby authorized to remove and shall
cause to be removed any vehicle from any street or alley or right-of-way within the city to a public garage
or other place of safety under circumstances enumerated in this article:
(a) When a vehicle is left unattended:
(1) On a sidewalk;
(2) Within seven (7) feet of a public or private driveway upon complaint;
(3) Within fifteen (15) feet of a fire hydrant;
(4) Within an intersection;
(5) On a crosswalk; or
(6) Alongside or opposite any street excavation or obstruction when stopping, standing, or
parking would obstruct traffic.
(b) When any vehicle is left unattended at any place where official signs or markings on the curb
prohibit parking, stopping, or standing.
(c) When any vehicle is left unattended upon any street or right-of-way for a period of time longer
than seventy-two (72) hours.
(d) When a vehicle upon a street or alley is so disabled as to constitute an obstruction to traffic, or
the person in charge of the vehicle is, by reason of physical injury or condition, incapacitated to
such an extent as to be unable to provide for its custody or removal.
(e) When any vehicle is left unattended upon a street or alley and is so parked illegally, or the vehicle
constitutes an obstruction to normal movement of traffic.
(Ord. No. 75-04-16, § 1, 9-13-04)
State Law reference-Establishment of rotating wrecker call list, § 21-50.
Sec. 21-26.-Same-Towage and storage charges.
Any and all towage and storage charges reasonably due the operator of the garage or place where
the vehicle under provisions of this article, shall constitute a lien against the vehicle. The operator of the
garage or other place the vehicle is stored is hereby authorized to hold the vehicle until the towage and
storage costs are paid by the owner of the vehicle, or, in his behalf, the operator; provided, that in no event
shall the city or any officer; employee or department of the city be liable for the charges and costs by reason
of their enforcement of this section.
Ord. No. 75-04-16, § 1, 9-13-04)
State Law reference-Charges for towing and storage,§ 21-51.
Page 1
Item 10A
January 9, 2017
Attachment 4
ARTICLE VIII. -PROPERTY MAINTENANCE CODE
Sec. 6-120.-Adoption.
There is hereby adopted, basic minimum housing standards deemed essential for safe, healthful living,
that certain code known. as the International Property Maintenance Code, most current edition, published
by the Southern Building Code Congress International, Inc.
(Ord. No. 25-89-21, § 1, 6-12-89; Ord. No. 25-92-23, § 1, 11-9-92; Ord. No. 25-96-28, § 1(6), 4
22-96; Ord. No. 25-98-30, § 1, 6-22-98; Ord. No. 25-08-38, § l.A.(4), 2-25-08)
Sec. 6-121.-Amendments.
The following sections of the IPMC [International Property Maintenance Code] are hereby revised as
follows:
(a) Section 101.1 Title. Insert:" The City of Atlantic Beach."
(b) Section 102.3 Application of other codes. Amend to delete International Building Code,
International Fuel Gas Code, International Mechanical Code and the ICC Electrical Code and
replace with "State of Florida Building Codes and the National Electrical Code."
(c) Section 103 Title. Amend to read: "Building Department and Code Enforcement Division."
(d) Section 103.1 General. Amend to read: "The building department and code enforcement division
shall be designated to enforce the provisions of this code."
(e) Section 103.5 Fees. Delete this section.
(f) Section 11 0.1 General. Delete "for a period of two years" and replace with "6 months."
(g) Section 110.3 Failure to comply. Add sentence to state: "All administrative costs to the City of
Atlantic Beach shall be considered when determining total cost of demolition."
(h) Section 111.1 Application for appeal. Amend to read: "Any person directly affected by a decision
of the code official or a notice or order issued under this code shall have the right to appeal to the
Code Enforcement Adjustments and Appeals Board, provided that a written application of appeal
is filed within 20 days after the day of the decision, notice or order was served."
(i) Section 302.4 Weeds. In the first sentence, delete "Uurisdiction to insert height in inches)" and
substitute "12 inches."
U) Section 304.14 Insect Screens. In the first sentence, delete "[date] to [date]" and substitute "March
1 to December 1."
(k) Section 602.3 Heat Supply.
"November 1 to March 31."
In the first sentence, delete "[date] to [date]" and substitute
(I) Section 602.4 Occupiable workspaces.
substitute "November 1 to March 31."
In the first sentence, delete "[date] to [date]" and
(Ord. No. 25-08-40, § 1, 8-25-08)
Sees. 6-122-6-140.-Reserved.
Page 1
Item 10A
January 9, 2017
Attachment 4
CHAPTER 3
GENERAL REQUIREMENTS
SECTION 301
GENERAL
301.1 Scope. The provisions of' this chapter shall govern the
minimum conditions and the responsibilities of persons for
maintenance of structures, equipment and exterior property.
301.2 Responsibility. The owner of the premises shall main
tain the structures and exterior property in compliance with
these requirements, except as otherwise provided for in this
code. A person shall not occupy as owner-occupant or permit
another person to occupy premises that are not in a sanitary
and safe condition and that do not comply with the require
ments of this chapter. Occupants of a dwelling unit, rooming
unii or housekeeping unit are responsible for keeping in a
clean, sanitary and safe condition that part of the dwelling
unit, rooming unit, housekeeping unit or premises which they
occupy and control.
301.3 Vacant structures and land. Vacant structures and
premises thereof or vacant land shall be maintained in a
clean, safe, secure and sanitary condition as provided herein
so as not to cause a blighting problem or adversely affect the
public health or safety.
SECTION 302
EXTERIOR PROPERTY AREAS
302.1 Sanitation. Exterior property and premises shall be
maintained in a clean, safe and sanitary condition. The occu
pant shall keep that part of the exterior property that such
occupant occupies or controls in a clean and sanitary condi
tion.
302.2 Grading and drainage. Premises shall be graded and
maintained to prevent the erosion of soil and to prevent the
accumulation of stagnant water thereon, or within any struc
ture located thereon.
Exception: Approved retention areas and reservoirs.
302.3 Sidewalks and driveways. Sidewalks, walkways,
stairs, driveways, parking spaces and similar areas shall be
kept in a proper state of repair, and maintained free from haz
ardous conditions.
302.4 Weeds. Premises and exterior property shall be main
tained free from weeds or plant growth in excess of [JURIS
DICTION TO INSERT HEIGHT IN INCHES]. Noxious weeds shall
be prohibited. Weeds shall be defined as all grasses, annual
plants and vegetation, other than trees or shrubs provided;
however, this term shall not include cultivated flowers and
gardens.
Upon failure of the owner or agent having charge of a
property to cut and destroy weeds after service of a notice of
violation, they shall be subject to prosecution in accordance
with Section 106.3 and as prescribed by the authority having
jurisdiction. Upon failure to comply with the notice of viola
tion, any duly authorized employee of the jmisdiction or con
tractor hired by the jurisdiction shall be authorized to enter
upon the property in violation and cut and destroy the weeds
growing thereon, and the costs of such removal shall be paid
by the owner or agent responsible for the property.
302.5 Rodent harborage. Structures and exterior property
shall be kept free from rodent harborage and infestation.
Where rodents are found, they shall ~e promptly extermi
nated by approved processes that will not be injurious to
human health. Mter pest elimination, proper precautions
shall be taken to eliminate rodent harborage and prevent rein
festation.
302.6 Exhaust vents. Pipes, ducts, conductors, fans or blow
ers shall not discharge gases, steam, vapor, hot air, grease,
smoke, odors or other gaseous or particulate wastes directly
upon abutting or adjacent public or private property or that of
another tenant.
302.7 Accessory structures. Accessory structures, including
detached garages, fences and walls, shall be maintained
structurally sound and in good repair.
302.8 Motor vehicles. Except as provided for in other regula
tions, no inoperative or unlicensed motor vehicle shall be
parked, kept or stored on any premises, and no yehicle shall
at any time be in a state of major disassembly, disrepair, or in
the process of being stripped or dismantled. Painting of vehi
cles is prohibited unless conducted inside an approved spray
booth.
Exception: A vehicle of any type is permitted to undergo
major overhaul, including body work, provided that such
work is performed inside a structure or similarly enclosed
area designed and approved for such purposes.
302.9 Defacement of property. No person shall willfully or
wantonly damage, mutilate or deface any exterior surface of
any structure or building on any private or public property by
placing thereon any marking, carving or graffiti.
It shall be the responsibility of the owner to restore said
surface to an approved state of maintenance and repair.
SECTION 303
SWIMMING POOLS, SPAS AND HOT TUBS
303.1 Swimming pools. Swimming pools shall be main
tained in a clean and sanitary condition, and in good repair.
303.2 Enclosures. Private swimming pools, hot tubs and
spas, containing water more than 24 inches (610 mm) in
depth shall be completely suiTounded by a fence or barrier
not less than 48 inches (1219 mrn) in height above the fin
ished ground level measured on the side of the banier away
from the pool. Gates and doors in such barriers shall be self
closing and self-latching. Where the self-latching device is
less than 54 inches (1372 mm) above the bottom of the gate,
2015 INTERNATIONAL PROPERTY MAINTENANCE CODE"' 11
Item 10A
January 9, 2017
Attachment 5
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)(l) 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. Chapte't 21, Article II, Division 1, Section 21-24(a) is
hereby amended to read as follows:
CliAPTER 21
TRAFFIC AND MOTOR VER!CLES
ARTICLE II. STOPPING, STANDING AND PARKING
DIYISION 1. GENERALLY
Section 21-24. Abandoned, Wrecked, Junked, Inoperative, Property,
etc, -Declared unlawful; Exception; Nuisance declared.
(a) Abandoned. Property •. Florida Statute Chapter 7-Q§..-J:.e..,--see-t:-,i--e:a
·fl·1--~·el:1:gfi-{-81 ·chapter 705 is hereby adopted by reference in
its entirety as if fully s.et forth herein, ~lte-f7.1!'6'¥4-&.i.-efl:S--ef
:t:hfs--Gha-p:&e~-74-S..J.-6-~-J:te.J;'eift-saall-ae:t:-af'f'±y-:t:e-ea:i:El
ebaaEleRefr-~1'6fl~4;-y~:i:?-t:-lte-s-am.e-4s-eemp±et-eJ:y-e:ae±esee-w4:t-a:i:a-e
bti4±8:fa-~-e'f-~ee s it :j:-s-tl-t:-4:±4:~efi.,-4..R-~:.en--w-:i:-t-h--a:-el:ts4:
a-ess-ea-t~'l!.':i:ee-±aw~~±±y-s:i:tl:tete4-aR4-±:i:eeaee4-fer-saae~
(1) Abandoned· property on private property; Procedures for
· removal ·thereof~
a. · 'Whenever ...the: ·enfor-cement · off;t.cer, Atlantic Beach police
·of:t:tceJ:' ..or-Atlant:t.c..:Beach-code enforcement officer, shall
ast.ertain..: ·that-: ·an.-. a:rt'i_cle · or articles· of ·abandoned
p:tope:dy.: ·a.:re: ... pre.s·ent· · on ·private property ·within the
·1-il'!iits .: ·e-f: -·Atlan"tic .·.Beach ·in violation· of any zoning
ordinance.: or - . regulation~ anti-'litter · · ordinance or
regulation~.. or· otlfer similar ordinance or· regulation of
Atlant;i.c Beat.b',-·the .e.nfor·cetn.ent officer shall cause a
.. ·not:tce-.to be: :placed-upon such article in substantially
the following·form:
·'NOTICE·: TO· TRE-·OWNER AND ALL PERSONS INTERESTED IN THE
. ATTACHED-PROPERTY~ . :This ·property, to wi.t: (setting forth
-l'irief .. -descr-ip-t-ion) ·located at (setting forth brief
-desc-r::t:ption ··of· .locatHm) · is: improperly stored and· is in
violi:i.t:i,on·Of·(s.et fotth'ord;i.rtance or regulation violated)
Item 10A
January 9, 2017
Attachment 5
and must be removed within ten (1 0) 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 rtormal·exposure to the elements for a period
of· ten· Clays. · In addition to posting the notice, and on
or-befoi:e · the· date· of posting, the enforcement officer
shall man· a c·opy' of the notice to the owner of the real
property tipdrt-which the abandoned articles are located as
shown.::o-y· -the ~e·al ·e:state tax record used by the City of
· 'Atlarttic-~Beadh~ ·and ·u the abandoned property is a motor
· vehidle-' or · :boat; · shall · ma:ke a ·reasonable effort to
· · asce:ttairt ·-the-name and address of the owner and shall
· mail a copy ·of ·the notice to such owner.
· b~ · · ·u ..at .. the ertd-' Of.. ten (10) days (or if the property is a
· ·ooat;--thirty · (3:0): .·day$) · a'fter posting such· notice, the
-owne-r-o<r any~-person ·tnte:rested irt the abandon·ed article
· or .. ar-t-iCles: descrthed ::in ·such rtotice has not. removed the
-·article oi:--art'i:cle:s-and· compLted with the ord'irtance or
· ·regulation~ cited. ·tn ·the· notice, the enforcement officer
may.: cause-: t-he art·i:cl'e· or articles of abandoned property
to ·be -removecL and· :destroyed. The salvage value, if any,
of· Eh.ich.:atticle :or a-rticles ·shall be retained by the City
· of.: At:la:n:d;c--Be·ach ·to be .applied against the cost of
removal·~.and . -de-s:t'rtfc't'i:on.·. thereof·~ .unless the .cost of
· removal-'-and .:d;es·t:ruct":ton ·is· pa:t.d· ·by· the ·ower; in which
case· -t-he . -salvage.: value may be deposited ;tn the 'local
goverrtmertt 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.
,,.-..,.,.
Item 10A
January 9, 2017
Attachment 5
Passed by the City Commission on first reading August 8, 1988 ·-------------------------
Passed by the City C-ission ~be~,.. 1988.
William s. Howell, Mayor, Presiding Officer
Approved as to form and correctness:
~i-~~Claude L~ Mullis, C1ty Attorney
ATTESTi.
Adelaide R. Tucker, City Clerk
,,..._., .
. _Aug. 22. 2012 2:50PM Ci t y ot J ax He ac h P &U 1~0. 0~~1 r. 1 ,. Attachment 6
Item 10A
January 9, 2017
Introduced by:em~ncilman Marsden
l~t Reading;~2~/1~5~/~9"3~---------
2nd Reading' :__,3~/~0!.:!l:L./..«:9:.!3_______
ORDINANCE NO. 93-7559
AN Oa.DINANCE ~0 Jll.f1'.:ND CIUP!rER 14 JUNKED r 1U3ANDONED
PRDJ.l'ER:rY OF !I?BE CODE OF ORDINANCES OF !L'lre Ct~Y OF
JACKSONVlLLE B~R, FLORIDA.
SEC~ION 1. That Chapter 14 --Junked, Abandoned Property of
the Code of Ordinances of the City of Jacksonville Beach, Florida,
be and the same is hereby amended, and as amended shall henceforth
read as follows:
Chapter· 'l4
JTJNtam, ABANDONEO PROPJ::RT1.
ARTICLE I. :tN GENERAL
s-eca. 14-1 14-15. ~ese~ed.
Aru:l:CLE II • JlJIDWD 1 ABANDONED VEBI~S
sao. 14-16. llefinitions.
The following qefinitions sha~~ app~y ~n the ~nte~pretation and
enforcement of this article;
l:noperable motor vehicle shall :mean' <!.motor yehicle whir;h <;Ioes
not have a valid and current motor veh~cle l~cense tag af:fJ.xed
thereto •. However, this shall not apply to motor veh~cles located
on private property owned or leased by a new or used automobile
dealer possessing a current 1 valid City of Jacksonville Beach
occupational license; nor shall this. definition apply to any
antique or collector vehicle that is registered with the state,
pursuant to Chapte~ 3Z0.086, F.S.
Motor vehicle shall mean a vehicle or conveyance which is self
propelled and des~gned to travel along the ground. ~his includes 1
but is not limited to, automobiles, buses, mopeds, motorcycles,
trucks 1 tractors, go-oarts, go~f carts, campers, motorhomes 1 and
t~ailers.
Private property'shall mean any real property within the City
that is privately owned and which ia not defined as public property
herein.
Public property shall mean lands and improvements owned by the
~ederal · gover~elit 1 the state, a county or municipality and
J.ncludes sovere.J.gnty submerged lands located adjacent to the county
or municipality, beaches, buildings, grounds, parks, playgrounds,
· streets, sidewalk~'· parkW'ays, rights of way 1 and similar publicproperty.
W~e~ked motor vehicle shall mean any motor vehicle of which. the
s:ondJ..t.J.on is wrecke~,·dism"';;ltled, partially dismantled, inoperable,
:tn<;apable of opera.tl.on by l.ts own power ·On a publ.ic street or from
whl.ch the whee+a, ·engines, transmission, or any ·substantial partther~of has been removed. ·
. Sec. 14-17. InOJ>)erable or wrecked motor vehicle 1 parking or
storage prohibited. ·
No person in charge or control of any property within the city,
whether as owner, tenant, occupant, lessee or otherwise shall
allow any inoper~le or m:ecked motor vehicle to remain ' on any
1 ..
._._,._,~,.,~ow·,.--,--~-~--~----··~-·=~--~...__..__..,.,_____....._._,_-=-=---·~•------~---~---~-------------------------·---
Aug. 22. 2012 2:50PM City of Jax Beach P&D NO. ont r. L
Item 10A
January 9, 2017
Attachment 6
private or public property within city long~r than seventy-two (72)
hours; and no person shall leave any such vehicle on any property
within the city for ·a longc;l:t' tilne than seventy-two (72) hours;
except that this article sh~ll no~ ~pply to a vehicle in a fully
enclosed building; a vehicle on the premises of a business
enterprise operated in a lawful place and mannerr when necessary to
the operation of such busineas enterprise; or a vehicle in an
appropriate storage place or depositox:y maintained in a lawful
place and manner hy the city.
Sec. 14-18. ~uisance declared.
'l'o accumulate or store one (1)" .or more of such· vehicles on public
or private property shall constitute a nuisance detrimental to the
health, safety an9 welfare of inhabitants of the city, and it shall
be the duty of the registered owner of vehicle, and the property
upon which the vehicle is located to remove the vehicle from the
city l:i.mits 1 or to have the vehicle housed in a completely enclosed
building. '
Sec. 14-19. . Abandoned prope~y on privat~ p~operty, ~rocedures
for removal thereof.
(a) Whenever the enforcement officer, Jacksonville Beach police
officer, Jacksonville Beach community service officer or
Jacksonville Beach code enforcement officer, shall ascertain that
an article or articles of abandoned property are present on private
property within the limits of Jacksonville Beach in violation of
any land development code, nuisance ordinance or regulation, or
other similar ordinance or regulation o! Jacksonvi~le Beach, the
enforcement officer shall cause a notice·to be placed upon such
article in substantially the following,for.m;
•
NOXlCE XO TBE OWNER ~D ALL
PERSONS INTERESTED IN THE
~TTACBED PROPERTY.
This property 1 to wit: (setting forth hrie£ 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 from date of such notioei otherwise it shall be presumed
to be abandoned property and will be removed and destroyed by
order of the City of Jacksonville 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 fo~h date of posting of notice)
Signe~: (set forth name, title, address and telephone number
of enfcrcament officar.)
. Such notice shall not be less than eight (8) inches by ten (10)
. l.nches and shall be s1.1£ficiently weatherproofed to withstand no.r:mal
exposure to the elements for ten (10) days.
(b) In a case whe:t:e conditions exist which make it difficult or
dangerous for an enforcement office to post the article of
aban~o~ed pr~pertyr the enforcement officer may provide ~otice by
cert~fl.ed mal.l to the owner of the real property upon which the
abandoned articles are located as shown by the most recent real
~state tax record available to the City of Jacksonville Beach 1 and
l.:f t~e abandoned property is a motor vehicle or boat, shall make a
reasonable effort to ascertain the name and address of the owner
and ahall mail a copy of the notice to su~h owner •
. (o) If at the end of ten (10) days after posting in accordance w~th.p~ragraph (a) or acknowledgment of receipt of a notice by
certl.fl.ed :mal.lr the owner or any person interested in the abandoned
article or articles described in such notice has not removed the
2.·
. ...~.....
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A.u.g._22. 2012 2:50PM City of J~x Beach P&D NO.O~?I r. J
Attachment 6
Item 10A
January 9, 2017
artic~e or articles and complied with the ordinance or regulation
cited in the notice, the enforcement office~ may cause the article·
or articles of abandoned pr'operty to be removed and destroyed. The
salvage value 1 if any, of ·such article or a.rt.icles shall be
retained by the City of Jacksonville Beach to he applied against
the cost of removal and de$t~ation thereof, unless the cost o£
removal and destruction is paid by the owner, in which case the
salvage value rnay be depos;~..ted in the local government general
fund.
Sac. 1.4-20. Impounding
The city man~ger; or a police o££icer 1 collllilunity service officer
or code enforcement officer; or any other City employee designated
by the City Manager, is hereby authorized to remove or have removed
any vehicle left at any 'place within the c.ity that reasonably
appears to be in violati.on of this article or lost, stolen or
unclaimed. Such vehicle shall be .im;pounded until lawfully claimed
or dispo~ed .of according to the law.
SEC!riON 2. That all ordinances or parts of ordinances in
conflict herewith be and the same are 1 to the extent that the same
may he in conflict, herehy repealed. ·
SEC!I!ION 3 • Thi's ordinano.e shall take effect i.:m.mediately.
AU!!!RENTICA!I!ED !!!HIS ~DA'I OF' ~Mwa...,r...c""b....____~; A~:P. 1993.
<Reid ? •.McCormick, MAYOR
~ :. : ;~~~~~~......: . } ... :
'-~~
.Bruce Corbittr CITY C~RK
:·.
·:: ·, .'
·.···.....
: ·. ,.1 :· .
.~. ;:~: .. .
. } . •'. !'
Item 10A
January 9, 2017
Attachment 7
Sec. 22-35.-Junked, abandoned property.
(a) Definitions. The following definitions shall apply in the interpretation and enforcement of this article:
Inoperable motor vehicle shall mean a motor vehicle which does not have a valid and current
motor vehicle license tag affixed thereto. However, this shall not apply to motor vehicles located on
private property owned or leased by a new or used automobile dealer possessing a current, valid City
of Neptune Beach occupational license; nor shall this definition apply to any antique or collector vehicle
that is registered with the state, pursuant to F.S. ch. 320.086.
Motor vehicle shall mean a vehicle or conveyance which is self-propelled and designed to travel
along the ground. This includes, but is not limited to, automobiles, buses, mopeds, motorcycles, trucks,
tractors, go-carts, golf carts, campers, motor homes, and trailers.
Private property shall mean any real property within the city that is privately owned and which is
not defined as public property herein.
Public property shall mean lands and improvements owned by the federal government, the state,
a county or municipality and includes sovereignty submerged lands located adjacent to the county or
municipality, beaches, buildings, grounds, parks, playgrounds, streets, sidewalks, parkway, rights of
way, and similar public property.
Wrecked motor vehicle shall mean any motor vehicle of which the condition is wrecked,
dismantled, partially dismantled, inoperable, incapable of operation by its own power on a public street,
or from which the wheels, engines, transmission, or any substantial part thereof has been removed.
(b) Inoperable or wrecked motor vehicle, parking or storage prohibited. No person in charge or control of
any property within the city, whether as owner, tenant, occupant, lessee or otherwise, shall allow any
inoperable or wrecked motor vehicle to remain on any private or public property within the city longer
than seventy-two (72) hours; and no person shall leave any such vehicle on any property within the
city for a longer time than seventy-two (72) hours; except that this article shall not apply to a vehicle in
a fully enclosed building; a vehicle on the premises of a business enterprise operated in a lawful place
and manner, when necessary to the operation of such business enterprise; or a vehicle in an
appropriate storage place or depository maintained in a lawful place and manner by the city.
(c) 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 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 completely
enclosed building.
(d) Abandoned property on private property, procedures for removal thereof.
(1) Whenever the enforcement officer, Neptune Beach Police Officer, or Neptune Beach Code
Enforcement Officer, shall ascertain that an article or articles of abandoned property are present
on private property within the limits of Neptune Beach in violation of any land development code,
nuisance ordinance or regulation, or other similar ordinance or regulation of Neptune 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 (1 0) days from date of such notice; otherwise it shall be presumed to
be abandoned property and will be removed and destroyed by order of the City of Neptune Beach.
If the property is a motor vehicle or boat, the owner will be liable for ·the costs of removal and
destruction.
Page 1
Item 10A
January 9, 2017
Attachment 7
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 than eight (8) inches by ten (1 0) inches and shall be sufficiently
weatherproofed to withstand normal exposure to the elements for ten (1 0) days.
(2) In a case where conditions exist which make it difficult or dangerous for an enforcement officer to
post the article of abandoned property, the enforcement officer may provide notice by certified
mail to the owner of the real property upon which the abandoned articles are located as shown
by the most recent real estate tax record available to the City of Neptune 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.
(3) If at the end of ten (1 0) days after posting in accordance with paragraph (a) or acknowledgment
of receipt of a notice by certified mail, 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 Neptune 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.
(e) Impounding. The city manager; or a police officer, or code enforcement officer; or any other city
employee designated by the city manager, is hereby authorized to remove or have removed any
vehicle left at any place within the city that reasonably appears to be in violation of this article or lost,
stolen or unclaimed. Such vehicle shall be impounded until lawfully claimed or disposed of according
to the law.
(Ord. No. 88-2-3, § 1, 3-21-88; Ord. No. 2003-09, § 1, 10-20-03)
Page 2