(A) Unless otherwise provided for herein, for the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning. Definitions and regulations pertaining to abandoned real property are as set forth in § 90.20.
(1) ABANDONED PROPERTY. All tangible personal property (including motor vehicles) which does not have an identifiable owner and which has been disposed of on public or quasi-public property, in a wrecked, inoperative, or partially dismantled condition or which has no apparent intrinsic value to the rightful owner.
(2) LAW ENFORCEMENT OFFICER. Any person who is elected, appointed, or employed full- time by the city who is vested with authority to bear arms and make arrests, and whose primary responsibility is the prevention and detection of crime or the enforcement of the penal, criminal, traffic, or highway laws of the state. This definition
includes all certified supervisory and command personnel whose duties include, in whole or in part, the supervision, training, guidance, and management responsibilities of full-time law enforcement officers or auxiliary law enforcement officers but does not include support personnel employed by the city.
(3) PUBLIC PROPERTY. Lands and improvements owned by the federal government, the State of Florida, the county, or municipalities lying within the county, and sovereignty submerged lands located adjacent to the county or municipality, and includes buildings, grounds, parks, playgrounds, streets, sidewalks, parkways, rights-of-way, and other similar property.
(4)
QUASI-PUBLIC PROPERTY. The portion of the following lands and improvements which are open to and frequented by the general public for pedestrian and vehicular traffic and access and used for the stopping, standing, or parking of motor vehicles, trucks, or trailers:
(a) Structures built and intended to be used for retail shops, department stores, restaurants, travel services, and other allied business and service establishments under one ownership or management, which shall include shopping centers and shopping malls;
(b) A building or portion thereof designed for occupancy by two or more families or individuals living independently of each other, which shall include duplexes, triplexes, quadplexes, and condominium developments and associations; or
(c) An easement granting the city, a person or persons, or a corporation, the right to use a portion of the property for the construction, operation, maintenance, transmission, or distribution of gas, electrical energy, cable television services, or water or sewer distribution systems.
(B) Whenever the law enforcement officer shall ascertain that an article of abandoned property is present on public or quasi-public property within the limits of the city, he shall cause a notice to be placed upon the 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) is unlawfully upon public or quasi-public property known as (setting forth brief description of location) and must be removed within five days or, if the property is a boat, ten 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). If the property is a motor vehicle or boat, the owner will be liable for the costs of removal and destruction. The person to whom this notice is directed or their duly authorized agents may file a written request for a hearing before the city’s Code Enforcement Board within five days after service of this notice for the purpose of showing that the violation does not exist, or why such violation should not be remedied by the city at the expense of such persons. Dated this: (setting forth the date of posting of notice). Signed: (setting forth name, title, address, and telephone number of law enforcement officer).
(1) This notice shall be not less than eight inches by ten inches and shall be sufficiently weatherproof to withstand normal exposure to the elements.
(2) In addition to posting, the law enforcement officer shall make a reasonable effort to ascertain the name and address of the owner; and, if such is reasonably available to the law enforcement officer, he shall mail a copy of the notice to the owner on or before the date of posting.
(C) If, at the end of five days or (if the property is a boat) ten days after posting the notice, the owner or any person interested in the abandoned article or articles described in the notice has not removed the article or articles from public or quasi-public property or requested a hearing before the city’s Code Enforcement Board as provided in division (D), the law enforcement officer may cause the article or articles of abandoned property to be removed and destroyed. The salvage value, if any, of the article or articles shall be retained by the city to be applied against the cost of removal and destruction, unless the costs of removal and destruction are paid by the owner as provided in division (F), in which case the salvage value may be deposited in the city’s General Fund.
(D) Hearing after notice to remove.
(1) Within five days after the mailing or other service of the notice provided for in divisions (B) and (D) herein, the persons to whom the notice is directed or their duly authorized agents may file a written request for a hearing before the City Code Enforcement Board for the purpose of showing if the violation complained of by the city law enforcement officer does not, in fact, exist, or why such violation should not be remedied by the city at the expense of such persons.
(2) The hearing shall be held as soon as practicable after the filing of the request therefor and the persons to whom the notices were directed shall be advised of the time and place of such hearing at least five days in advance thereof. At any such hearing, the city and the persons to whom the notice was directed may introduce such witnesses and evidence as is deemed necessary and proper by the city Code Enforcement Board.
(E) Whenever a law enforcement officer of the city shall ascertain that an article of abandoned property is present on quasi-public property within the limits of the city, the towing or removal of any abandoned property is subject to strict compliance with the following conditions and restrictions:
(1) Authorization by way of consent from the owner or lessor of real property, or any person authorized in writing by the owner or lessor, which persons may be the designated representative of the condominium association, if the real property is a condominium;
(2) Except for those properties deemed easements, the property must post a notice meeting the following requirements:
(a) The notice must be prominently placed at each driveway access or curb cut allowing vehicular access to the property, within five feet from the public right-of-way line. If there are no curbs or access barriers, the signs must be posted not less than one sign for each 25 feet of lot frontage.
(b) The notice must clearly indicate, in not less than two-inch high, light reflective letters on a contrasting background, that unauthorized vehicles will be towed away at the owner’s expense. The words “tow-away zone” must be included on the sign in not less than four-inch high letters.
(c) The notice must also provide the name and current telephone number of the person or firm towing or removing the vehicles, if the property owner, lessor, or person in control of the property has a written contract with the towing company.
(d) The sign structure containing the required notices must be permanently installed with the bottom of the sign not less than four feet above ground level and must be continuously maintained on the property for not less than 24 hours prior to the towing or removal of any vehicles;
(3) The owner or lessor of real property shall indemnify and hold any city law enforcement officer, any person authorized by the city’s law enforcement officer, or any other agent or employee of the city, harmless and immune from prosecution, civil or criminal, while in the discharge of duties and actions imposed by this section; and
(4) Any towing business which tows or removes any motor vehicle within the limits of the city in accordance with the provisions of this section shall indemnify and hold any city law enforcement officer, any person authorized by the city’s law enforcement officer, or any other agent or employee of the city harmless and immune from prosecution, civil or criminal.
(F) The owner of any abandoned motor vehicle or boat who, after notice as provided in this section, does not remove the vehicle or boat within the specified period shall be liable to the city for all costs of removal and destruction of the property, less any salvage value received by the city. Upon removal and destruction, the law enforcement officer shall notify the owner of the amount owed and of the penalty provision of this division (F).
(1) In the case of an abandoned boat, any person who neglects or refuses to pay such amount shall not be entitled to be issued a certificate of registration for any other boat until such costs have been paid. The law enforcement officer shall supply the Department of Natural Resources with a list of persons whose boat registration privileges have been revoked under this division (F); and neither the Department, the Tax Collector, or other person acting as agent thereof shall issue a certificate of registration to a person whose boat registration privilege has been revoked, as provided by this division (F), until such costs have been paid.
(2) In the case of an abandoned motor vehicle, any person who neglects or refuses to pay such amount shall be subject to a fine of $100.
(G) Whoever opposes, obstructs, or resists the law enforcement officer or any person authorized by the law enforcement officer in the discharge of his duties as provided in this section upon conviction shall be punished as set forth in § 90.99.
(H) The law enforcement officer or any person authorized by the law enforcement officer shall be immune from prosecution, civil or criminal, for reasonable, good faith trespass upon real property while in the discharge of duties imposed by this section.
(‘69 Code, § 2-73) (Ord. 553, passed 12-11-80; Am. Ord. 84-45, passed 11-7-84; Am. Ord. 776, passed 2-5-86; Am. Ord. 864, passed 4-20-88; Am. Ord. 1660, passed 3-17-10) Penalty, see § 90.99