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HomeMy WebLinkAboutO-1990-046 5 b, ORDINANCE N0. 46-90 AN ORDINANCE OF THE CITY OF DANIA, FLORIDA AMENDING CHAPTER 14 OF THE CODE OF ORDINANCES OF THE CITY OF DANIA, FLORIDA, BY REPEALING THE EXISTING CHAPTER 14 AND ADOPTING A NEW CHAPTER 14 ENTITLED, "JUNKED AND ABANDONED i j VEHICLES" ; PROVIDING FOR DEFINITIONS , PROVIDING FOR RESPONSIBILITY FOR REMOVAL; PROVIDING FOR ABATEMENT; PROVIDING FOR j REMOVAL; PROVIDING FOR NOTICE OF VIOLATION; PROVIDING FOR HEARINGS; PROVIDING FOR HEARING OFFICER; PROVIDING FOR DISPOSAL; PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND i ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. I I BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA, I FLORIDA: Section 1 . That Sections 14-1 through 14-5 be and the same are hereby repealed and new sections 14-1 through 14-6 are hereby j adopted and ordained to read as follows : }{ i "Sec. 14-1 . Definitions. i 1 . Junked and Abandoned Vehicle: The term "junked and abandoned vehicle" as used w,. herein means wrecked, dismantled, partially dismantled or inoperable motor vehicle , recreational vehicle, trailer, boat or special purpose vehicle. Such a vehicle i is considered inoperable if it is being stored or parked without having all wheels mounted, f being parked or stored without having all ! tires inflated or which does not have affixed a current vehicle license tag. (4 2. Enforcement Officer: The term "enforcement t Officer" means any member of the Growth I11 Management Department who has been authorized to enforce the provisions of this ordinance. 3. Private Property: The term "private property" as used herein means all lands other than public lands. Ordinance No. 46-90 LL ° l J r 4 Sec. 14-2. Public Nuisance r 1 . It shall be unlawful to park , store , s have or permit parking or storing of any junked and abandoned vehicle of any kind or parts thereof upon any private property unless the same is completely enclosed within a building, or unless it is in connection with a business enterprise and licensed for same. i 2. Junked and abandoned vehicles on private property shall constitute a nuisance , detrimental to the health, safety and welfare s of inhabitants of the City of Dania in that the City Commission finds that such items create an eyesore, become a breeding ground k I for rats and vermin, constitute an attractive nuisance to children , lead to the accumulation r 1 of additional junk and garbage, and constitute 1 to the deterioration of both residential and non-residential areas. 3. The Dania City Commission determines that the removal and disposal of junked and a abandoned vehicles after the reasonable opportunity for a hearing is an appropriate means of furthering the health, safety and welfare of the City of Dania. Sec. 14-3. Responsibility For Removal ' f It is the responsibility of the last registered owner of the junked and abandoned vehicle to remove the vehicle or to have the same housed in a completely enclosed building in a manner so that they are not visible from other public or private property and do not create a health hazard. If not removed or properly stored within 10 days from the date of the notice of violation then the junked or abandoned vehicle shall be removed or disposed of by the City of Dania. The last registered owner of the junked and abandoned vehicle shall be responsible for the costs of disposal including the costs of removal, disposal and administration. Sec. 14.4 Abatement; Removal Whenever an enforcement officer ascertains that junked or abandoned vehicles are stored or discarded on private property in violation -2- Ordinance No. 46-90 ,1 Z a: r FIN of the chapter the officer shall : t 1 . To the extent possible , cause a notice to be placed upon each item in substantially i II the following form: NOTICE OF VIOLATION NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED PROPERTY THIS PROPERTY TO-WIT: 1 (Setting Forth Brief Description) ( LOCATED AT 9 i (Setting Forth Brief Description of Location) IS IN VIOLATION OF CHAPTER 14 OF THE DANIA CITY CODE OF ORDINANCES WHICH PROHIBITS THE IMPROPER STORAGE OR DISCARDING OF JUNKED AND i { ABANDONED VEHICLES ON PRIVATE PROPERTY, AND MUST BE REMOVED OR PROPERLY STORED WITHIN 10 DAYS FROM THE DATE OF THIS NOTICE. J IF NOT REMOVED OR PROPERLY STORED WITHIN 10 y _ { DAYS FROM THE DATE OF THIS NOTICE THEN THE II PROPERTY SHALL BE REMOVED OR DISPOSED OF BY E THE CITY OF DANIA. 1 t YOU MAY CONTEST THE DF,TERMINATION THAT THIS ITEM IS SUBJECT TO DISPOSAL PURSUANT TO j CHAPTER 14 OF THE DANIA CODE OF ORDINANCES AT �. AN INFORMAL HEARING DESCRIBED IN SUBSECTION 14-5 OF CHAPTER 14 OF THE DANIA CODE OF ORDINANCES. PERSONS RESPONSIBLE FOR THE REMOVAL OF SUCH •+ I JUNKED AND ABANDONED VEHICLES WHO FAIL TO REMOVE OR PROPERLY STORE SUCH ITEMS SHALL BE RESPONSIBLE FOR ALL COSTS OF DISPOSAL OF THE VEHICLES INCLUDING THE COSTS OF REMOVAL, i DISPOSAL, AND ADMINISTRATIVE COSTS, IF THE ITEMS ARE NOT REMOVED OR STORED AS REQUIRED BY THIS NOTICE. FOR FURTHER INFORMATION REGARDING THIS MATTER PLEASE CONTACT THE UNDERSIGNED ENFORCEMENT OFFICER. I THIS NOTICE DATED THIS DAY OF 19 i SIGNED: NAME , TITLE EMPLOYMENT ADDRESS AND EMPLOYMENT TF,LEPHONE I i -3- Ordinance No. 46-90 i s + �f7 q � 2. The enforcement officer shall obtain I the name and address of the owner of the f junked and abandoned vehicle, and shall cause a notice to be mailed to the owner by j certified mail , return receipt requested , which notice shall be in substantially the ! same form as that provided for by subsection ( 1 ) above. 3 . The enforcement officer shall cause a } copy of the notice, or a notice in 1 substantially the same from as the notice E described in subsection ( 1 ) above, to be mailed by certified mail , return receipt requested, to the owner of the real property ' upon which the junked or abandoned vehicle is F i located. The owner is to be determined in accordance with the tax rolls of Broward } County unless the enforcement officer has d actual knowledge of a subsequent property i owner. 4. For purposes of this section, notice shall be deemed to have been provided on the date of mailing or posting the last of any of notices required by this section. 5. If after diligent search and inquiry, the owner of the junked or abandoned vehicle I or the owner of the rivate prertyfound or determined, then nnoo writ nannoticce tbe shall he required. Instead public notice shall be posted by the City Clerk on the City Hall Bulletin Board for 10 consecutive days. { This notice shall be in substantially the same ; . d form as provided for by subsection ( 1 ) above and shall be addressed : "Public Notice; To Whom It May Concern . " Sec. 14 .5 - Hearings; Hearing Officer 1 . The City Manager or a committee appointed by the City Manager shall hold an I informal hearing at the request of any person or entity claiming an interest in the posted vehicle within ten ( 10 ) working days following the request, or at such later date as the City Manager or his designee shall determine , and where such request for a hearing has been received by the City within ten ( 10 ) working days following the posting of notice, the vehicle shall not be removed by the City prior to the expiration of two ( 2 ) working days immediately following the hearing if the _4- ordinance No. 46-90 x � Y'. ,77' vehicle is determined to be abandoned. The purpose of such hearing is to provide an opportunity for the owner, or person or entity responsible for the vehicle to demonstrate that, in fact, the subject vehicle is not abandoned. Failure to request a hearing or failure to attend a scheduled hearing shall ! constitute a waiver of the right to a hearing jand consent to the removal and disposition f of the vehicle as abandoned. If a hearing is waived or if it is determined at or following a hearing that the subject vehicle is an abandoned vehicle, following a two day period as above provided, the vehicle shall be removed by the City as soon as practicable and p shall be destroyed or otherwise disposed of. f 1 2. Appeals: Appeals from a decision of a f hearing officer are by certiorari to the Circuit Court of the Seventeenth Judicial ! i Circuit in and for Broward County, Florida t within 30 days of the date of the decision of the hearing officer. Any person who intends I to appeal a decision of the hearing ofE!.cer _ shall file a notice with the Growth Management i Director no later than 2 business day•, prior to the date set by the hearing off`.cer for removal of the junk items. Such notice shall advise the division that an appea'_ will be j filed and that the junked and abandoned vehicles should not be removed. IE such a notice is received , the Growth Management ! Department shall not authorize the removal of such junk items until a determination is made whether an appeal has been filed in a timely manner. If an appeal has not been filed within the time provided for appeal , the junk items may be removed immediately, or following j the date set by the hearing officer for removal, whichever is later. If an appeal has been filed the property shall not be removed j until after the appeal is decided unless removal is authorized by the court. Section 2. That all ordinances or parts or ordinances and all resolutions or parts or resolutions in conflict herewith be and the same are hereby repealed to the extent of such conflict. Section 3 . That this ordinance shall be in force and take effect immediately upon its final passage and adoption. -5- Ordinance No. 46-90_ I J e i F 1A , d P - A 1 .5 I PASSED and ADOPTED on First Reading on the 27th day of I November 1990 PASSED and ADOPTED on Second and Final Reading on the lith day of December 1990. E [it f �Y` - COMMISSIONER E i ATTEST: E CITY CLERK - AUDITOR i APPROVED AS TO FORM AND CORRECTNESS i BY: t FRANK C. ADLER, City Attorney 'v j a 1 i I i f i i i I I I I i -6- Ordinance No. 46-90 w t dVGL'.�J. ! �n k Vi.yq i'.E f a� Y C HOLLYWOOD SUN Established as 'The Iollywood Sun - January 4, 1935 HOLLY'liV001), BROWARD COUNTY, FLORIDA STATE OF FLORIDA COUNTY OF BROWARD R. WAYNE WEDGEWORTH Before th .e undersigned authority personally appeared _RT 11'ho on oath says (he/4'9) is DIRECTOR OF ADVERTISING Of the Hollywood Sun a daily newspaper published at Hollywood in Broward county, Florida: that the attached copy of advertisement, being a CITY OF DANIA — NOTICE OF HEARING in the matter of AMENDING CHAPTER 14 in the CITY OF HOLLYWOOD Cgs was published in said newspaper in the issue of Nov. 30, 1990 (G-53) Affiant further says that the said Hollywood Sun is a newspaper published at lfollywood in said Broward ('ounty, Florida,and that the said newspaper has heretofore been continuously published in said Broward ('mint),Florida,egI has been entered as a second class matter at the post office in Hollywood in said('ounty.F da,for a pe od of one year next preceding the first publication of the attached copy of ad- lertisemcnlrand offiant further says that he has neither paid nor promised an)'person,firm or corporation any dislatunt.reba e,commission or refund for the purpose of securing this adterlisement for publication in the 1d newspa ry'' NOTICE OF HEARING BEFORE CITY COMMISSION CITYFLORIDANIA, REGARDING ADOPTION OF THE VVV FOLLOWING PRUPOSED ORDINANCE: Sworn to and subscribed before me NOTICE IS HEREBY GIV- EN that the City Commis- lion of the City or Dienla, Florida, on December 11, This __. dos ALUIL, A.D. 19_ 1990 at auf0 P.M.or as won - ^ ^ Co In re mmission of the mailer •l_!♦�1\I ,flil`C(J\'y-t may ba heard,will conduct e Pubic nearing In Ina City Commission room of the Denla Be Hell, 100 Wasl Ns'61AR1' Pl Bl.l(' ( Denis Beach 0 conard. Dania, Florida to consider the proposed adoption of the following ordinance sn- ISF:ALI NOTARY PUBLI need; MYCOMMISSION STATE OF FLORIDA. AC, OF DANIA. FLORIE- •uNpCOTr, E%PIRES:JULY31, I on Ru noiARY puoLr,:uHn[ew -_3, DA AMENDING TER 14 OF THE CODEDE OF OF ORDINANCES F THE CITY OF DANIA,, OA, REPEALINGG THE THE EXISTING NG CHAPTER14 AND ADOPTING A NEW CHAPTER I! ENTITLED: DJUNK ED AND ABAN- ONED VEHICLES"; PROVIDING FOR DEFINI- TIONS, PROVIDING FOR RESPONSIBILITY FOR REMOVAL; PROVIDING FOR ABATEMENT; PRO- VIDING FOR REMOVAL' PROVIDING FOR NOTIC9 OF VIOLATION PROVID- ING FOR 119ARINGS; PROVIDING FOR HEAR- ING OFFICER; PROVID. ING FOR DISPOSAL;PRO- VIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH iBE REPEALED TO THE E%TENT OF SUCH CON- FLICT; AND PROVIDING FOR AN EFFECTIVE DATE, A Copy of this p,uoiad ordinance Is on file In Ina ity CII S.W.ice of d. Carl Clara,to ida Hall, IN West Geri.Beach Boulevard, Dania,inspected b, and may be mweCnor al the ingPublic during normal wortlog odors. Interested oertles me, ap- pear at Ina elPnwld meet - Ing and be heard won is- Mil 10 Ina proposed. Any Person who decides Io appeal any decision made by the CITY Commission with respacl to any mall., considered Of this hearing will nand a record of In proceedings and for such purpose mey need 10 an .or*+net a verbatim ncprd 01 the pr.CRdimis Is made, which record includes The bsumony and aNid.rc. upon whichthe appall Is to be made -f: Wandada MWlhin ';'Wanda 1Y Clark H-S Nov. 00, 1990 (G Sa)