96.11(A) Effect of provisions. The rights, powers, and procedures set forth in this Section shall be supplemental to and cumulative to the rights, powers, and procedures set forth elsewhere in this subchapter, the
, or statute.
96.11(B) Notice form.
96.11(B)(1) Whenever the
ascertains that an
vehicle or
is present on
or on
contrary to this Chapter, he or she may place a notice upon such
vehicle or
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)
IS:
96.11(B)(1)(a) Unlawfully upon
at (setting forth brief description of location)
OR
96.11(B)(1)(b) Improperly stored and is in violation of the provisions of F.S. Chapter 705, and/or
Chapter 96.
MUST BE REMOVED WITHIN FIVE DAYS FROM THE DATE OF THIS NOTICE; OTHERWISE IT SHALL BE PRESUMED TO BE ABANDONED AND WILL BE REMOVED AND DISPOSED OF PURSUANT TO F.S. CHAPTER 705. THE OWNER WILL BE LIABLE FOR THE COSTS OF REMOVAL, STORAGE, DESTRUCTION, AND PUBLICATION OF NOTICE.
If the property is a
or
, the
will be liable for the costs of removal and destruction and the hearing before the
for the
, if such a hearing is requested by the property
. The
to whom this notice is directed or their duly authorized agents may file a written request for a hearing before the
for the
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
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 the
).
96.11(B)(2) Such notice shall be not less than eight inches by ten inches and shall be sufficiently weatherproof to withstand normal exposure to the elements.
96.11(C) Notice to vehicle or
. The
shall also make a reasonable effort to ascertain the name and address of the
of the
vehicle or . If such address is reasonably available to the
, he or she shall mail a copy of such notice to the
on or before the date of posting. The
shall contact the Department of Safety and
and/or the Department of Environmental Protection in order to determine the name and address of the
and any who has filed a lien on the vehicle or in accordance with Florida Statutes. Upon receipt of this information, the law enforcement agency shall mail a copy of the notice by certified mail, return receipt requested, to the
and to the lienholder, if any.
96.11(D) Notice to real property Owner. If the
property is located on
, the
shall mail a copy of the notice to the
of the real property upon which the
property is located as shown by the real estate tax rolls of Broward County on or before the date of posting such notice.
96.11(E) Removal by
. If, at the end of five days after the posting of such notice, or the pre-taking hearing before the for the , whichever occurs later, the
or any interested in the
property described in such notice has not removed the
property from public or
, or shown reasonable cause for failure to do so, then the
may cause the
property to be removed and either stored or destroyed.
96.11(F) Redemption of property. If the
determines that the
property has sufficient value to justify its storage, the
of the property may regain possession of the property from the by making application within two months after receiving notice from the as provided for above and upon paying to the all costs of removal, plus storage charges of said property while in possession of the , plus all fines imposed upon the
for violation of this subchapter.
96.11(G) Destruction of property. If the
determines that the
property should be destroyed, the
will be notified by certified mail and the property may be destroyed 30 days thereafter. The value, if any, of such
property that is destroyed as authorized by this subchapter shall be retained by the to be applied against the costs associated with the removal of the property, unless the costs of removal are paid by the
as provided in subsection 96.11(F), in which case the value may be deposited in the ’s General Fund.
96.11(H) Disposition of proceeds of unredeemed property. If no claim for the property is made within two months after receipt thereof, the may sell said property for the best price obtainable as junk or otherwise, and the proceeds shall be available to pay the reasonable charges for the expenses incurred in the processing, storage, and disposal of the property by the , and any remaining balance shall be paid into the General Fund.
96.11(I)
vehicle - hazardous. If an
ascertains that an
vehicle presents an immediate or imminent threat or hazard to , or surrounding property, he or she may have the vehicle removed to a location to be designated for such purpose by the .
(Ord. 2010-16, passed 10-4-2010), Recreation and Special Events