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HomeMy WebLinkAboutOrdinance 860 ORDINANCE NO. 860 First Reading 11-19-85 Second Reading 12-17-85 AN ORDINANCE OF THE CITY OF OCOEE, ORANGE COUNTY, FLORIDA, TO AMEND SECTION 21 OF THE CITY OF OCOEE CODE; PROVIDING FOR HANDICAPPED PARKING SPACES; RE- DEFINING CODE ENFORCEMENT OFFICER; MAKING A CURRENT LICENSE PLATE ON A STREET VEHICLE MANDATORY; DEFIN- ING ABANDONMENT; PROVIDING FOR OPERATING A BUS~S ONLY WITH AN OCCUPATIONAL LICENSE; PROVIDING FOR THE DISPOSITION OF VEHICLES ABANDONED ON PRIVATE AND PUB- LIC PROPERTIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. -e WHEREAS, the City Commission of the City of Ocoee, Florida wishes to main- tain the public health, safety, welfare of the citizens and scenic beauty of the City of Ocoee, Florida; and, WHEREAS, the City Commission of the City of Ocoee wishes to provide appro- priate safeguards for the property rights of the citizens of Ocoee, Florida; NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF OCOEE, FLORIDA: Section 1. Amend Section 21-18 of the City Code; to add item (11) "At any place that is designated as a handicapped parking place for hand- icapped persons; unless and except when said vehicle is duly permitted for parking therein, by virtue of the fact that there is a handicapped occupant." Section 2. Amending Section 21-35 of the City Code; Deleting the definition of Abandoned, and inserting the definition as follows: Abandoned when used in connection with "junk vehicle" means property that I the owner has no apparent intention of remaining in possession of the property. Deleting the subparagraph beginning with 'keep': Keep,-when-tt~ed-fn-eonneetfon-wf~h-~~ttnk-Yehfeie~-me~n~-property-h~Yfng- no-Y~itte777of-the-propertY7 Section 3. Amending Section 21-36 of the Ocoee Code; making deletions as indicated. It shall be unlawful for any person to abandon or keep any junk vehicle on any public or on private property within the City of Ocoee except on-prfY~te property as provided for in Section 2l-3T 38. Section 4. Amending Section 21-37 of the Ocoee Code; adding subparagraph: /e (c) It shall be prima facia evidence that a motor vehicle is non-opera- ting if anyone or more of the following conditions exist: (1) The absence of a currently registered license plate on a vehicle. Vehicles that do not require license plates are i.e. tractors, race cars, etc., shall not fall into this subcategory. (2) A vehicle with one or more flat tires or other visible signs that a vehicle is not capable of propelling itsef down a roadway. (3) Any vehicle left parked in the same place continuously upon any private property for a period of time such that grass is grown up around it obscuring any part of it from view, and/or such that there is dead grass under the vehicle from the vehicle having shielded the grass from the nutrients re- quired for growth, without being moved, shall be considered, for the purposes of this article, abandoned. In general, this period of time will be interpre- ted to be in excess of 15 calendar days. (4) Any vehicle that is placed upon 'blocks', and remains in this inop- erable condition for more than 15 calendar days shall also be, for the purposes of this article, abandoned. Section 5. An amendment to Section 21-38 Changing subparagraph 1 to read, 'within enclosed garage or covered car- port' . Adding subparagraph (a) to paragraph (2), as follows: Any aforementioned 'business enterprise' must be operating with an occupational license from the City of Ocoee, as well as any other appro- priate licenses required by County Ordinance or State Law. Section 6. Section 21-39: Code of Ordinances, City of Ocoee, Florida shall be amended to read: Section 21-39. On Public Property Enforcement. e (a) Whenever the enforcement officer of the City ascertains that a junk vehicle is present on property of the City he/she shall cause a notice of a sufficient size and waterproofing to be placed upon junk/abandoned vehicle. In addition to said posting, he/she shall make a reasonable effort to ascertain the name and address of the owner, and upon such discovery shall hand deliver or mail by certified, return receipt, restricted delivery, U.S. Mail, on the date of posting, a copy of the Notice to Remove. (b) Notice shall be substantially in the following form: City of Ocoee Police Department 175 N. Bluford Ave., Ocoee, Florida 32761 (305) 656-1313 * * * WARNING * * * THIS VEHICLE MAY BE IMPOUNDED IF IT IS NOT R>>fOVED WITHIN 24 HOURS DAY TIME MONTH DATE MAKE MODEL LICENSED OFFICER BADGE D (c) The owner of the vehicle shall have the right, except in cases of emergency, to appeal the decision of the enforcement officer to the City of Ocoee's Code Enforcement Board, at a specified time and place, to show cause why the owner should not comply with such notice. (d) The currently stated Section C shall be deleted in total (as it appears in the Code of Ordinance prior to this amendment). Section 7. Section 21-40, Code of Ordinances, City of Ocoee, Florida is amended to read: Section 21-40. On Private Property. e (a) Whenever the enforcement officer of the City ascertains that a junk vehicle is present on private property within the corporate limits of the City, he shall make direct contact with property owner or tenant where the junk/abandoned vehicle is located, and issue said person a "Notice to Remove" the vehicle in question. The enforcement officer may also elect to make contact with the owner of the vehicle. The property owner will then have 15 calendar days to remove the vehicle, or, bring the vehicle into com- pliance with the City Code. If the property owner fails to do so, the Code Enforcement Officer will forward the Notice to Remove to the administrative staff of the Code Enforcement Board; the property owner will ultimately appear before the Code Enforcement Board for disposition of his/her case. (b) The Code Enforcement Board's Administrative Staff will cause the non-complying property owner to be serviced with notice of their hearing by either hand-delivered written notice, or certified mail, return receipt; in accordance with the Code Enforcement Board's Rules of Procedure. (c) The owner of the junk vehicle shall have the right, except in cases of emergency, to appeal the decision of the enforcement officer to the City Code Enforcement Board at a specified time and place to show cause why he should not comply with such notice. I L e e Section 8. This Ordinance shall be deemed to be an expansion of the current Junk Vehicle Ordinance in effect within the City of Ocoee, as well as reiteration of the fact that the City Board of Commissioners is desirous of keeping the City of Ocoee a clean and safe place to live. Section 9. If any portion of this Ordinance shall be deemed void or unconstitutional, the remainder of the Ordinance shall retain its effective- ness. Section 10. This Ordinance shall take effect thirty days after adoption by the City Commission. II ENACTED THIS 17th , 1985. DAY OF December City of' Ocoee, Florida ;?;IL e~ MAYOR ATTEST: ~~ CITY CLERK