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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.· . ...~..... -----·------­ 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