§ 22-35. Junked, abandoned property.

(a)

Definitions. The following definitions shall apply in the interpretation and enforcement of this article:

Inoperable motor vehicle shall mean a motor vehicle which does not have a valid and current motor vehicle license tag affixed thereto. However, this shall not apply to motor vehicles located on private property owned or leased by a new or used automobile dealer possessing a current, valid City of Neptune Beach occupational license; nor shall this definition apply to any antique or collector vehicle that is registered with the state, pursuant to F.S. ch. 320.086.

Motor vehicle shall mean a vehicle or conveyance which is self-propelled and designed to travel along the ground. This includes, but is not limited to, automobiles, buses, mopeds, motorcycles, trucks, tractors, go-carts, golf carts, campers, motor homes, and trailers.

Private property shall mean any real property within the city that is privately owned and which is not defined as public property herein.

Public property shall mean lands and improvements owned by the federal government, the state, a county or municipality and includes sovereignty submerged lands located adjacent to the county or municipality, beaches, buildings, grounds, parks, playgrounds, streets, sidewalks, parkway, rights of way, and similar public property.

Wrecked motor vehicle shall mean any motor vehicle of which the condition is wrecked, dismantled, partially dismantled, inoperable, incapable of operation by its own power on a public street, or from which the wheels, engines, transmission, or any substantial part thereof has been removed.

(b)

Inoperable or wrecked motor vehicle, parking or storage prohibited. No person in charge or control of any property within the city, whether as owner, tenant, occupant, lessee or otherwise, shall allow any inoperable or wrecked motor vehicle to remain on any private or public property within the city longer than seventy-two (72) hours; and no person shall leave any such vehicle on any property within the city for a longer time than seventy-two (72) hours; except that this article shall not apply to a vehicle in a fully enclosed building; a vehicle on the premises of a business enterprise operated in a lawful place and manner, when necessary to the operation of such business enterprise; or a vehicle in an appropriate storage place or depository maintained in a lawful place and manner by the city.

(c)

Nuisance declared. To accumulate or store one (1) or more of such vehicles on public or private property shall constitute a nuisance detrimental to the health, safety and welfare of inhabitants of the city, and it shall be the duty of the registered owner of vehicle, and the property upon which the vehicle is located to remove the vehicle from the city limits, or to have the vehicle housed in a completely enclosed building.

(d)

Abandoned property on private property, procedures for removal thereof.

  

(1)

Whenever the enforcement officer, Neptune Beach Police Officer, or Neptune Beach Code Enforcement Officer, shall ascertain that an article or articles of abandoned property are present on private property within the limits of Neptune Beach in violation of any land development code, nuisance ordinance or regulation, or other similar ordinance or regulation of Neptune Beach, the enforcement officer shall cause a notice to be placed upon such article 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 of location) is improperly stored and is in violation of (set forth ordinance or regulation violated) and must be removed within ten (10) days from date of such notice; otherwise it shall be presumed to be abandoned property and will be removed and destroyed by order of the City of Neptune Beach. If the property is a motor vehicle or boat, the owner will be liable for the costs of removal and destruction.

Dated this: (set forth date of posting of notice)

Signed: (set forth name, title, address and telephone number of enforcement officer.)

Such notice shall not be less than eight (8) inches by ten (10) inches and shall be sufficiently weatherproofed to withstand normal exposure to the elements for ten (10) days.

(2)

In a case where conditions exist which make it difficult or dangerous for an enforcement officer to post the article of abandoned property, the enforcement officer may provide notice by certified mail to the owner of the real property upon which the abandoned articles are located as shown by the most recent real estate tax record available to the City of Neptune Beach, and if the abandoned property is a motor vehicle or boat, shall make a reasonable effort to ascertain the name and address of the owner and shall mail a copy of the notice to such owner.

(3)

If at the end of ten (10) days after posting in accordance with paragraph (a) or acknowledgment of receipt of a notice by certified mail, the owner or any person interested in the abandoned article or articles described in such notice has not removed the article or articles and complied with the ordinance or regulation cited in the notice, the enforcement officer may cause the article or articles of abandoned property to be removed and destroyed. The salvage value, if any, of such article or articles shall be retained by the City of Neptune Beach to be applied against the cost of removal and destruction thereof, unless the cost of removal and destruction is paid by the owner, in which case the salvage value may be deposited in the local government general fund.

(e)

Impounding. The city manager; or a police officer, or code enforcement officer; or any other city employee designated by the city manager, is hereby authorized to remove or have removed any vehicle left at any place within the city that reasonably appears to be in violation of this article or lost, stolen or unclaimed. Such vehicle shall be impounded until lawfully claimed or disposed of according to the law.

(Ord. No. 88-2-3, § 1, 3-21-88; Ord. No. 2003-09, § 1, 10-20-03)