HomeMy WebLinkAboutCity of Tamarac Ordinance O-1978-0541
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Introduced by : `n 4lpTemp. # 6-7,3 163
CITY OF TAMARAC, FLORIDA
ORDINANCE NO.
AN ORDINANCE ADOPTING BY REFERENCE SECTION 705.16,
FLORIDA STATUTES, WHICH PERTAINS TO ABANDONED
PROPERTY AND WHICH PROVIDES A SUPPLEMENTAL PROCEDURE
FOR REMOVAL AND DESTRUCTION; SETTING FORTH FINDINGS
OF FACT; PROVIDING FOR CODIFICATION; PROVIDING FOR
REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH;PRO-
VIDING FOR SEVERABILITY OF INVALID PROVISIONS; AND
PROVIDING AN EFFECTIVE DATE
BE IT ORDAINED BY THE COUNCIL MEMBERS OF THE CITY OF
TAMARAC, FLORIDA:
��xiJ��i[��►i��ii�i��►CeT.Yifafal:[iJ��
There are numerous items of abandoned property within the
City of Tamarac, some of which constitute threats to the health,
safety, and welfare of the citizens of Tamarac. Section 705.16,
Florida Statutes, provides a supplemental procedure for rapid removal
and destruction of abandoned property; however, that section'must be
adopted by ordinance.
SECTION 2. Section 705.16, Florida Statutes, which pertains
to abandoned property, and which provides a supplemental procedure
f6r rapid removal and destruction of said property, be and it is here-
by adopted by reference as a part of the Tamarac City Code.
SECTION 3. Specific authority is hereby granted to codify
this ordinance.
SECTION 4. All ordinances or parts of ordinances in con-
flict herewith be and the same are hereby repealed.
SECTION 5. In the event that any section or provision of
this ordinance or any portion thereof, any paragraph, sentence, or
word be declared by a court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder hereof
as a whole or part thereof other than the part declared to be invalid.
SECTION 6. EFFECTIVE DATE
This Ordinance shall become effective immediately upon its
final passage.
PASSED FIRST READING THIS _La DA
PASSED SECOND READING THIS ?2_ D
FJ
173
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CLERK/CITY
I HEREBY CERTIFY THAT I
have approved the form and
correctness of this ORDINANCE
ARTHUR M. BIRKEN, CITY ATTORNEY
RECORD OF COUNCIL VOTE
MAYOR W. FAI
VIM H. MASSA
CIM H. WIENER
CIM I.M. DISRA
CIL1 M. MCP
ACT_dcnLueLlt. jfl
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Ch. 705 SEIZED, ABANDONED, WRECKED OR DERELICT PROPERTY Ch. ft,
cash. after 2 weeks' public notice as the court may. forth brief description of location) and must be re-
dir6�t.. Upon the., application of any claimant, the moved within 10 days from date of this notice; other-
courtm&y fix the walue.of a forfeitable interest in the wise it shall be presumed to be abandoned property
seized prty and permit such claimant to redeem and will be removed and destroyed by order of (set -
the said"property upon the payment of a sum equal ting forth name of local government). Dated this:
to said value which sum shall be disposed of as would (setting forth the date of posting of notice). Signed:
the proceeds of the sale of said property under a (setting forth name, title, address, and telephone
judgment of forfeiture. number of enforcement officer). 41
History.—s. 5, ch. 63-267; s. 26, ch- 73-334.
705.14 Disposition of proceeds of forfeiture.
—All sums received from the sale or other disposi-
tion of the seized property shall be paid into the state
treasury for the benefit of the state school fund and
shall become a part thereof.
History.—s. 5, ch. 63.267.
705.15 Fees for services. --Fees for services re-
quired hereunder shall be the same as provided for
sheriffs and clerks for like and similar services in
other cases.
History.—s. 5, ch. 63-267.
705.16 Abandoned property; supplemental
procedure for removal and destruction.—
(1) In any county in the state, the rights, powers,
and procedures set forth in this section shall be sup-
plemental to and cumulative to the rights, powers,
and procedures set forth elsewhere in this chapter
and any amendments thereto,
(2) DEFINITIONS. --As used in this section:
(a) "Local government" means the board of coun-
ty commissioners or the commission or council of
any municipality in the county.
(b) Abandoned row" means wrecked or
derelict property�iaving no value other than nomi-
nal salvage value, if any, which has been left aban-
doned and unprotected from the elements and shall
include wrecked, inoperative, or partially disman-
tled motor vehicles, trailers, boats, machinery, re-
frigerators, washing machines, plumbing fixtures,
furniture, and any other similar article which has no
Value other than nominal salvage value, if any, and
which has left abandoned nprotected
from th e e�mPents. "- ` """ "
(c) ''1?it#rTic"'ra erty" means lands and improve-
ments o e��y"�e Federal Government, the State
of Florida, the county, or municipalities lying within
the county and includes buildings, grounds, parks,
Playgrounds, streets, sidewalks, parkways, rights -of -
Way, and other similar property.
(d) "Enforcement officer" means sheriff, director
Or Public
marshal,
sor anyotherOfficer safety
by law, charer,ordinanceolution of the governing body of the local govern-
tnent to enforce the provisions of this section.
(3)(a) Whenever the enforcement officer of any
local €overnment shall ascertain that an article of
a6an0rx%,MF�tX is resent, on , " ro errtt
wKiii the emits ofsuc rnmeri a unit, or u i
corporated area of the county, if' a county, he shall
cause a notice to be placed upon such article in sub-
stantialiv the following form:
NOTICE TO THE OWNER AND ALL PERSONS
INTERESTED IN THE ATTACHED PROPERTY.
This
a h brief description)
Unlawfully upon public prope, to wit: (setting rty known as (setting
Such notice shall be not less than 8 inches by 10
inches and shall be sufficiently weatherproof to
withstand normal exposure to the elements. In addi-
tion to posting, the enforcement officer shall make
reasonable effort to ascertain the name and address
of the owner, and if such is reasonably available to
the enforcement officer he shall mail a copy of such
notice to the owner on or before the date of posting.
(b) If at the end of 10 days after posting such
notice the owner or any person interested in the
abandoned article or articles described in such no-
tice has not removed the article or articles from pub-
lic property or shown reasonable cause for failure so
to do, the enforcement officer may cause the article
or articles of abandoned property to be removed and
destroyed, and the salvage value, if any, of such arti-
cle or articles shall be retained by the local govern-
ment to be applied against the cost of removal and
de thereof.
4)(a) henever the enforcement officer of any
1 ernment shall ascertain that an article or
articles of aband ty., ur,=sent on pri-
vate i """-r"�y _wit in the limits of such goveriiiY M-
faT"un°iOr' unincorporated area of the county if a
county, in violation of any zoning ordinance or regu-
lation, antilitter ordinance or regulation, or other
similar ordinance or regulation of such local govern-
ment, the enforcement officer shall cause a notice to
be placed upon such article in substantially the fol-
lowing 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 (setting
forth ordinance or regulation violated) and must be
removed within 10 days from date of this notice;
otherwise it shall be presumed to be abandoned
property and will be removed and destroyed by order
of (setting forth name of local government). Dated
this: (setting forth date of posting of notice). Signed:
(setting forth name, title, address, and telephone
number of enforcement officer).
Such notice shall not be less than 8 inches by 10
inches and shall be sufficiently weatherproof to
withstand normal exposure to the elements for a
period of 10 days. In addition to posting, the enforce-
ment officer shall mail a copy of the notice to the
owner of" the real property upon which the aban-
doned articles are located, as shown by the real es-
tate tax records used by the local government on or
before the date of posting of such notice.
(b) If at the end of 10 days after posting such
notice the owner or any person interested in the
abandoned article or articles described in such no-
tice has not removed the article or articles and com-
Ch. 705 SEIZED, ABANDONED, WRECKED OR DERELICT PROPERTY
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Plied 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
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destroyed, and the salvage value, if any, of such arti-
cle or articles shall be retained by the local govern-
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ment to be applied against the cost of removal and
destruction thereof,
(5) Whoever opposes, obstructs, or resists any en-
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forcement officer or any person authorized by the
enforcement officer in the discharge of his duties as
provided in this section upon conviction shall be guil-
ty of a misdemeanor of the second degree,
punisha-
ble as provided in s. 775.082 or s. 775.083.
(6) Any enforcement officer or any person au-
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thorized by the enforcement officer shall be immune
from prosecution, civil or criminal, for reasonable,
good faith trespass upon real property while in the
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discharge of duties imposed by this section,
(7) Any incorporated municipality in any county
in the state may bordinance adopt by reference any
or all of the provisions of this section.
History.- . 1-7, ch. 69-324; s. 683, ch. 71-136.
705.17 Exceptions. —The provisions of ss.
705.01-705.16 of this chapter shall not be applied to
any personal property lost or abandoned on the cam-
pus of any institution in the state
History„s, 1, ch. 71.75.
705.18 Disposal of personal property
abandoned on university or community
campuses; disposition of proceeds fro
thereof.---
(1) Whenever any lost or abandoned
property shall be found on a campus of an ins
in the state university system or a campus q1
supported community college, the presider
institution or his designee shall take charge
and make a record of the date such prope
found. If, within 30 days after such property 1
it is not claimed by the owner, the preside
order it sold at public outcry after giving V
the time and place of sale in a publication of
circulation on the campus and written notic
owner if known. The rightful owner ofsg'chi
may reclaim same at any time'prior to bale
(2) All moneys realized from sucks• sale i
placed in an appropriate fund and used sq
student scholarship and loan purposes.,
History.- 8. 1, ch. 71-76; s. 1, ch. 77.131. .,, . 4n
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