When an enforcement officer ascertains that an article of personal property having nominal salvage value lies abandoned or derelict upon private property, that officer shall:
(A) Cause a notice to be placed upon such abandoned property in the substantially 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
(setting forth ordinance or violation violated)
AND MUST BE REMOVED WITHIN FIVE (5) DAYS FROM THE DATE OF THIS NOTICE; OTHERWISE IT SHALL BE PRESUMED TO BE ABANDONED PROPERTY AND WILL BE REMOVED AND SOLD OR DESTROYED BY ORDER OF THE CITY OF HOLLYWOOD, FLORIDA. DATED THIS:
(setting forth the date of posting of notice):
SIGNED (setting forth name, title, address and telephone number of enforcement officer).
Such notice shall be not less than eight inches by ten inches and be sufficiently weatherproof to withstand normal exposure to the elements.
(B) The enforcement officer shall also make reasonable effort to ascertain the name and address of the owner of the abandoned property and, if such address is reasonably available, the officer shall mail by certified mail, a copy of the notice to the owner on or before the date of posting the above-described notice on the abandoned personal property.
(C) The enforcement officer shall mail by certified mail a copy of the above-described notice to the owner of the real property upon which the abandoned personal property is located, as shown by the real estate tax records used by the county or any other address provided to the local government by such owner, on or before the date of posting such notice.
(D) The City Manager or his/her designee shall hold an informal hearing at the request of any person or entity claiming an interest in the posted personal property located on private property within five days following the request, or at such later date as the City Manager or his/her designee shall determine. Where such request for a hearing has been received by the city within five working days following the posting of the notice, the personal property shall not be removed by the city prior to the expiration of two working days immediately following the hearing if the personal property is determined to be abandoned. The purpose of such hearing is to provide an opportunity for the owner, or person or entity responsible for the personal property, to demonstrate that, in fact, the subject personal property is not abandoned.
(E) Failure to request a hearing or failure to attend a scheduled hearing shall constitute a waiver of the right to a hearing and consent to the removal and disposition of the personal property as abandoned. If a hearing is waived or if it is determined at or following a hearing that the subject personal property is abandoned property, following a two day period as provided in division (D) above, the personal property shall be removed in accordance with § 90.07.
(Ord. O-2010-02, passed 1-20-10)