Ordinance 1973-007 Junk OrdinanceORDINANCE N0. 7-73
AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA,
RELATING TO ABANDONED, WRECKED, JUNKED AND DISMANTLED MOTOR VEHICLES,
B0,4TS, TRAILERS, MACHINERY, APPLIANCES, PLUMBING FIXTURES, OR SIMILAR
ARTICLES; PROHIBITING THE STORAGE, REPAIR OR DISMANTLING THEREOF ON
PUBLIC OR PRIVATE PROPERTY; DECLARING THE SAME TO BE A NUISANCE;
PROVIDING FOR THE ABATEMENT OF SUCH NUISANCES; AND PROVIDING PENALTIES
FOR THE VIOLATION OF THIS ORDINANCE.
Wf}EREAS, motor vehicles, boats, trailers, machinery, appliances,
plumbing fixtures, or similar articles are or may in the future be abandoned,
dismantled, partly dismantled, wrecked, junked, inoperative, or discarded.,
or left about the Village in places other than junk yards or other appro-
priate areas; and
WHEREAS, such conditions tend to impede traffic in the streets;
interfere with the enjoyment of property; reduce the value of property;
invite plundering; create fire hazards; extend and aggravate urban blight;
' attract snakes, rats and other vermin; and result in a seriou
the public health, safety, comfort, convenience, welfare and s hazard to
happiness of
the residents of th e Village;
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF
NORT}{ PALM BEACH, FLORIDA:
Section 1. Chapter 23 of the Village of North Palm Beach Code
is hereby amended. by adding thereto Article III, entitled "Inoperative,
Abandoned and. Junked Property", to read as follows:
"ARTICLE III. INOPERATIVE, ABANDONED AND JUNKED PROPERTY
Sec. 23-15. PROHIBITED CONDITIONS---ENUMERATED EXCEPTIONS---(1) No
person shall park, store, leave or allow or permit the parking, storage,
leaving, or allowing of any abandoned, wrecked, dismantled, inoperative,
rusted, junked or partially dismantled motor vehicle, boat, trailer,
' machinery, appliances, plumbing fixtures or any similar articles of any
kind or parts thereof, whether attended or not, upon any public or private
property within the Village of North Palm Beach for a period of time in
excess of seventy-two hours. The presence of an abandoned, wrecked, dis-
mantled, inoperative, rusted, junked or partially dismantled motor vehicle,
boat, trailer, machinery, appliances, plumbing fixtures or any similar
articles of any kind or parts thereof on private or public property is
hereby declared a public nuisance, which may be abated as such in accordance
with the provisions of Code Sections 23-15 to 23-30. These Code sections
shall not apply to any motor vehicle, boat, trailer, machinery, appliances,
plivnbing fixtures or any similar articles of any kind or parts thereof
which are enclosed within a building on private property or held in
connection with a business enterprise lawfully licensed by the Village and
properly operating in the appropriate commercial zone pursuant to the
zoning laws of the Village.
Sec. 23-1G. DEFINITIONS---(1) The term "motor vehicle" as used herein
shall include all vehicles as defined in Chapter 320.01(1), Florida
' Statutes, or as elsewhere defined in Florida Statutes, and shall include
in addition any vehicle which is self-propelled and designed to travel along
the ground or water and shall include, but not be limited to, automobiles,
buses, motor scooters, motor bicycles, motorcycles, trucks, tractors, go-
carts, golf carts, campers, trailers and motor boats.
(2) "Private Property" shall mean any real property within the
Village which is privately owned and which is not public property as
defined in this Section.
(3) "Public Property" shall mean any street or highway which shall
include the entire width between the boundary lines of every way publicly
maintained for the purposes of vehicular travel, and shall also mean any
other publicly owned property or facility.
Sec. 23-17. PRIMA FACIE EVIDENCE OF VIOLATION---Any such motor vehicle,
boat or trailer which shall not have lawfully affixed thereto a current
license registration as required by the State of Florida and a current
motor vehicle inspection sticker, where required, shall constitute prima
Facie evidence of a violation of Section 23-15, unless said motor vehicle,
boat or trailer shall be so located as to be excepted in said Section.
Sec. 23-18. NOTICE TO REMOVE---Whenever it comes to the attention of the
Village Manager that any nuisance as defined in Section 23-15 of this Code
exists in the Village of North Palm Beach, a notice in writing shall be
served upon the occupant of the land where the nuisance exists, or in case
there is no such occupant, then upon the owner of the property or his agent,
notifying them of the existence of the nuisance and requesting its removal
in the time specified in this ordinance.
Sec. 23-19. RESPONSIBILITY FOR REMOVAL---Upon proper notice and oppor-
tunity to be heard, the owner of the abandoned, wrecked, dismantled, or
inoperative property and the owner or occupant of the private properTy on
which the same is located, either or all of them, shall be responsible
for its removal. In the event of removal and disposition by the Village,
the owner or occupant of the private property where same is located, shall
be liable for the expenses incurred.
Sec. 23-30. NOTICE PROCEDURE---The Director of Public Safety of the Village
shall give notice of removal to the owner or occupant of the private property
where it is located, at least five days before the time of compliance.
It shall constitute sufficient notice, when a copy of same is posted
in a conspicuous place upon the private property on which the abandoned,
wrecked, dismantled or inoperative property is located and duplicate copies
are sent by registered mail to the owner or occupant of the private property
at his last known address.
Sec. 23-21. CONTENT OF NOTICE---The notice shall contain the request for
removal within the time specified in this Chapter, and the notice shall
advise that upon failure to comply with the notice to remove, the Village
' or its designee shall undertake such removal with the cost of removal to be
levied against the owner or occupant of the property.
Sec. 23-22. REQUEST FOR HEARING---The persons to whom the notices are
directed, or their duly authorized agent's may file a written request for
hearing before the Board. of Adjustment of the Village of North Palm Beach
within the five day period of compliance prescribed in Section 23-20 for
the purpose of defending the charges by the Village.
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Sec. 23-23. PROCEDURE FOR HEARING---The hearing shall be held as soon as
practicable after the filing of the request and the persons to whom the
notices are directed shall be advised of the time and place of said hearing
at least five (5) days in advance thereof. At any such hearing the Village
and the persons to whom the notices have been directed may introduce such
witnesses and evidence as either party deems necessary.
Sec, 23-24. REMOVAL OF PROPERTY FROM PREMISES---If the violation des-
cribed in the notice has not been remedied within the five (5) day period
of compliance, or in the event that a notice requesting a hearing is timely
' filed, a hearing is had, and the existence of the violation is affirmed by
the Board of Adjustment of the Village of North Palm Beach, the Director
of Relic Safety or his designee shall have the right to take possession
of the abandoned, wrecked, dismantled, inoperative or junked property and
remove it from the premises. It shall be unlawful for any person to in-
terfere with, hinder, or refuse to allow such person or persons to enter
upon private property for the purpose of removing such property under
the provisions of this ordinance.
Sec. 23-25. NOTICE OF REMOVAL---Within forty-eight (48) hours of the
removal of such property, the Director of Public Safety shall give notice
to the registered owner of such property, if known, and also to the owner
or occupant of the private property from which the property was removed,
that said property was removed, that said property has been impounded and
stored for violation of this ordinance. The notice shall give the location
of where the property is stored and the costs incurred by the Village for
removal.
Sec. 23-26. DISPOSITION OF PROPERTY---Upon removing property under the
provisions of Section 23-24, the Village shall after ten (10) days cause
it to be appraised. If the property is appraised at $75.00 or less, the
Director of Public Safety shall execute an affidavit so attesting and
describing the property, including the license plates, if any, and stating
the location and appraised value of the property. The Director of Public
Safety, after complying with the above, may summarily dispose of the
' property and execute a certificate of sale. If the property is appraised
at over $75.00, the Director of Public Safety shall give notice of public
sale not less than five (5) days before the date of the proposed sale.
Sec. 23-27. CONTENTS OF PUBLIC SALE NOTICE---The notice of sale shall
state:
(a) The sale is of abandoned property in the possession of the Village.
(b) If the abandoned property is a motor vehicle, the description shall
include the make, model, license number and any other information
which will accurately identify it. Other property shall be
described as accurately as possible.
(c) The terms of the sale.
(d) The date, time and place of the sale.
Sec. 23-28, PUBLIC SALE---The property shall be sold to the highest and
best bidder. At the time of payment of the purchase price, the Director
of Public Safety shall execute a certificate of sale in duplicate, the
original of which to be given to purchaser, and the copy thereof to be filed
with the Village Clerk of the Village of North Palm Beach. Should the sale
for any reason be invalid, the Village's liability shall be limited to the
return of the purchase price.
Sec. 23-29, REDEMPTION OF IMPOUNDED PROPERTY---The owner of any property
seized under the provisions of this. ordinance may redeem such property
' at any time after its removal but prior to the sale or destruction thereof
upon proof of ownership and payment to the Village Treasurer of such sum
as he may determine and fix for the actual and reasonable expense of
removal, and any preliminary sale advertising expenses, not to exceed
$50.00 plus $2.00 per day for storage of such property.
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Sec. 23-30. LIABILITY OF OWNER OR OCCUPANT---Upon the failure of the
owner or occupant of property on which abandoned, wrecked, dismantled,
inoperative or junked property has been removed by the Village to pay the
unrecovered expenses incurred by the Village in such removal, a lien
shall be placed upon the property for the amount of such expenses.
Sec. 23-31. PENALTY,---Any person, firm or corporation violating any of
the provisions of this ordinance shall be guilty of a misdemeanor, and
upon conviction shall be punished by a fine not to exceed Five Hundred
Dollars or imprisonment for a term not to exceed sixty days, or by both
such fine and imprisonment. Each act in violation of any of the provisions
of this ordinance shall be deemed a separate offense."
PLACED ON FIRST READING THIS 14 DAY OF JUNE, 1973.
PLACED ON SECOND, FINAL READING AND PASSED THIS 12 DAY OF JULY, 1973.
/s/ H. Mallory Privett, Jr.
MAYOR
ATTEST:
/s/ Dolores R. Walker
Village Clerk
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