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HomeMy WebLinkAboutOrdinance 592 I . '. . " r< t .. ORDINANCE NO. 6" r ~ CITY OF OCOEE, FLORIDA I I. AN ORDINANCE RELATING TO THE ABANDONMENT OR KEEPING OF JUNK VEHICLES ON PUBLIC PROPERTY OR ON PRIVATE PROPERTY; PRO- VIDING FOR THE REMOVAL OF JUNK VEHICLES FROM PUBLIC PROPERTY AND PRIVATE PROPERTY; APPLYING TO AND BEING ENFORCED WITHIN THE CORPORATE LIMITS OF THE CITY OF OCOEE; PROVIDING A TITLE; PROVIDING DEFINITIONS; PROVIDING EXCEPTIONS; GOVERNING JUNK VEHICLES ON PUBLIC PROPERTY AND PROVIDING PROCEDURES FOR PROHIBITING AND REMOVING THE SAME; GOVERNING JUNK VEHICLES ON PRIVATE PROPERTY AND PROVIDING PROCEDURES FOR PROHIBITING AND REMOVING THE SAME; PROVIDING FOR NOTICE TO OWNERS; DESIGNATING AN ENFORCEMENT OFFICER; PROVIDING PENALTIES; EMPOWERING THE CITY COMMISSION TO CONTRACT WITH PERSONS, FIRMS OR CORPORATIONS FOR THE REMOVAL AND DESTRUCTION OF JUNK VEHICLES; PROVIDING FOR CONSTRUCTION AND SEVERA.BILITY; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ENACTED BY THE PEOPLE OF THE CITY OF OCOEE, FLORIDA: Section 1. AUTHORITY; PURPOSE; SCOPE: This ordinance is enacted under authority of Article VIII, Section 2(b) of the Constitution of the State of Flo- rida, and under authority of Chapter 69-1359, Florida Statutes, Special Acts of 1969, for the purposes of pro- hibiting the abandonment or keeping of junked vehicles on public property and on private property and of providing for the removal of junked vehicles from public property and private property in the interest of the health, safety and welfare of the citizens of the City of Ocoee, Florida, said ordinance to be applied and enforced within the . corporate limits of the City. Section 2. TITLE: This ordinance shall be referred to as the Junk Vehicle Ordinance of the City of Ocoee. " , . Section 3. DEFINITIONS: In construing this ordinance: (a) "Person" means individuals, children, firms, associations, joint ventures, partnerships, estates, trusts, business . trusts, syndicates, fiduciaries, corpora- tions, and all other groups or combinations. (b) "Vehicle" means a machine propelled by power other than human power designed to travel along the ground for the pur- poses of transporting persons or property or pulling machinery, including but without limitation to automobiles, trucks, motorcycles and tractors. (c) "Junk" when used in connection with "vehicle" means a vehicle which is dis- mantled, wrecked, junked and/or non- operating. (d) "Abandoned" when used in connection with "junk vehicle" means property having no value other than nominal salvage value, if any, which has been left unprotected from the elements with no intention by the owner to remain in possession of the property. (e) "Keep" when used in connection with . "junk vehicle" means property having no value other than nominal salvage value, if any, which has been left unprotected from the elements with intention by the owner to remain in possession of the property. -2- . . , . (f) "Public property" means roads, streets, alleys, highways, or other public ease- ments of the City of Ocoee. (g) "Private Property" means any real property other than public property in the City of Ocoee. (h) "Enforcement Officer" means the officer designated by the City Commission to enforce the provisions of this Ordinance. Section 4. REQUIREMENTS: No person shall abandon or keep any junk vehicle on any public property or any private property within the corporate limits of the City of Ocoee, except on private property as provided for in Section 5. Section 5. EXCEPTIONS: This ordinance shall not apply to any junk vehicle kept: (a) Within an enclosed garage or attached carport; (b) On the premises of a business enterprise when necessary to the functioning of such business operated in a lawful place and . manner; or (c) In an appropriate storage area or deposi- tory maintained in a lawful place and manner. Section 6. JUNK VEHICLES ON PUBLIC PROPERTY: (a) Whenever the enforcement officer of the City of Ocoee ascertains that a junk vehicle is present on public property of the City of Ocoee, he shall cause a notice of sufficient size and weatherproofing to be placed -3- . upon the junk vehicle. In addition to said posting, he shall make a reasonable effort to ascertain the name and address of the owner, and upon such discovery shall mail on the date of posting a copy of said notice to the owner. (b) Notice shall be substantially in the following form: "NOTICE TO THE OWNER OF THE ATTACHED VEHICLE: CITY OF OCOEE ORDINANCE NO. DEFINES THIS PROPERTY (SETTING FORTH A BRIEF DESCRIPTION) AS A JUNK VEHICLE UNLAWFULLY PRESENT UPON PUBLIC PROPERTY KNOWN AS (SETTING FORTH A BRIEF DESCRIPTION), AND MUST BE REMOVED WITHIN FIFTEEN (15) DAYS FROM THE DATE OF THIS NOTICE. FAILURE TO COMPLY WILL RESULT IN A MISDEMEANOR CHARGE AGAINST THE VEHICLE OWNER, AND IT WILL BE PRE- SUMED THAT THE VEHICLE IS ABANDONED PROPERTY WHICH WILL BE REMOVED AND DESTROYED BY ORDER OF CITY OF OCOEE ORDINANCE NO. DATED THIS: (SETTING FORTH THE DATE OF NOTICE POSTING) SIGNED: (SETTING FORTH NAME, TITLE, ADDRESS AND TELEPHONE NUMBER OF THE ENFORCEMENT OFFICER) ." (c) If at the end of 15 days after posting such notice the owner of the junk vehicle described in the notice has not removed the vehicle from the public property or shown reasonable cause for failure to do so, the enforce- ment officer may charge the owner if known with a misdemeanor and cause the junk vehicle to be removed and destroyed under Section 10. . -4- . Section 7. JUNK VEHICLES ON PRIVATE PROPERTY: (a) Whenever the enforcement officer of the City of Ocoee ascertains that a junk vehicle is present on private property within the corporate limits of the City of Ocoee, he shall cause a notice of sufficient size and weatherproofing to be placed upon the junk vehicle. In addition to said posting, he shall mail on the date of posting a copy of the notice to the owner of the private property upon which the junk vehicle is located as shown by the real estate tax records used by Orange County. (b) Notice shall be substantially in the following form: nNOTICE TO OWNER OF PROPERTY ON WHICH ATTACHED VEHICLE IS LOCATED. CITY OF OCOEE ORDINANCE NO. S-'l L DEFINES THIS PROPERTY (SETTING FORTH A BRIEF DESCRIPTION) AS A JUNK VEHICLE UNLAWFULLY STORED UPON PRIVATE PROPERTY KNOWN AS (SETTING FORTH A BRIEF DESCRIPTION), AND MUST BE REMOVED WITHIN FIFTEEN (15) DAYS FROM THE DATE OF THIS NOTICE. FAILURE TO COMPLY WILL RESULT IN A MISDEMEANOR CHARGE AGAINST THE PRIVATE PROPERTY OWNER, AND IT WILL BE PRESUMED THAT THE VEHICLE IS ABANDONED PROPERTY WHICH WILL BE REMOVED AND DESTROYED BY ORDER OF CITY OF OCOEE ORDINANCE NO. S-12- DATED THIS: (SETTING FORTH THE DATE OF NOTICE POSTING). SIGNED: (SETTING FORTH NAME, TITLE, ADDRESS AND TELEPHONE NUMBER OF THE ENFORCEMENT OFFICER) .n . -5- . (c) If at the end of 15 days after posting such notice the owner of the private property has not removed the junked vehicle from his private property or shown reasonable cause for failure to do so, the enforcement officer may charge the private property owner with a mis- demeanor and cause the junk vehicle to be removed and destroyed under Section 10. Section 8. ENFORCEMENT OFFICER: (a) The enforcement officer shall have the right to enter private property for the purposes of inspecting for junk vehicles and of posting notice when same shall have been discovered in violation of this ordinance. (b) The enforcement officer shall wear appropriate clothing and/or badge which shall visibly identify him as an agent of the City when he enters private property for the purposes of Section 8(a). Section 9. PENALTY: Violation of this ordinance shall constitute a misdemeanor, and any person convicted of such violation shall be punished by a fine not to exceed Five Hundred Dollars ($500.00), or by imprisonment not to exceed sixty (60) days, or by both such fine and imprisonment. Each day, or portion thereof, in which such violation occurs shall constitute a separate violation. Section 10. JUNK VEHICLE REMOVAL: The City Commission of the City of Ocoee is hereby authorized and empowered to contract on an exclusive or non-exclusive basis with any person, firm or corporation as the Board deems advisable for the purpose of removing and destroying junk vehicles abandoned or kept on public or private property in violation of this ordinance upon direction of the enforcement officer. . -6- . . " . . " . .' . Section 11. CONSTRUCTION: This ordinance shall be deemed to be cumulative and supplemental and in addition to any other act, law or ordinance relating to junk vehicles. This ordinance supersedes and repeals any existing junk vehicle ordi- nance. This ordinance shall be liberally construed in order to effectively carry out the purposes of this ordinance in protecting the interests of the health, safety and welfare of the citizens of the City of Ocoee, Florida. Section 12. SEVERABILITY: If any section, sentence, clause, phrase or word of this ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding of invalidity shall not affect the remaining portions of this ordinance, and it shall be construed to have been the legislative intent to pass this ordinance without such unconstitutional, invalid or inoperative part therein, and the remainder of this ordinance, after the exclusion of such part or parts shall be deemed and held to be valid as if such part or parts had not been included herein. If this ordinance or any portion thereof shall be held inapplicable to any person, group of persons, property, kind of property, circumstances or set of circumstances, such holding shall not affect the applica- bility thereof to any other person, property or circumstance. Section 13. EFFECTIVE DATE: This ordinance shall take effect immediately upon passage by the City Commission of the City of Au~t/jl- . / , 1973. Ocoee. ENACTED thi s :< I day of CITY OF OCOEE, FLORIDA \f~ ATTEST: ---' 9 (J)~. fJ . r C1Q1p'+ (Jy0