§ 90.02. STORING, PARKING OR LEAVING ABANDONED PROPERTY ON PUBLIC PROPERTY.

(A)

[Abandoned Property on Public Property.] No person shall store, park, leave or permit the storing, parking or leaving of any abandoned property or of any wrecked, dismantled, unlicensed or inoperable motor vehicle or vessel, which shall be presumed to be abandoned whether attended or not, upon any public property within the City for a period of time in excess of seventy-two (72) hours. The presence of abandoned property on public property is declared a public nuisance which may be abated in accordance with the provisions of this Chapter and F.S. Chapter 705. This Section does not apply to motor vehicles, vessels or other types of abandoned property parked or stored on public property by the City, its officers, employees, or any of its departments.

(B)

Procedures for Removing Abandoned Property.

(1)

Whenever an enforcement officer ascertains that an article of abandoned property is present on public property, and is of such a nature that it cannot be easily removed, the officer shall affix a notice to that article in substantially the following form:

"NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED PROPERTY. This property (setting forth brief description) is unlawfully upon public property known as (setting forth brief description of location) and must be removed within five (5) days; otherwise, it shall be presumed to be abandoned property and will be removed and disposed of by order of the City of Delray Beach. The owner will be liable for the costs of removal, storage, disposal, and any publication costs for notice purposes. Dated: (setting forth the date of posting notice). Signed: (setting forth name, title, address and telephone number of enforcement officer)."

The notice shall be no smaller than eight (8) inches by ten (10) inches and shall be sufficiently weatherproof to withstand normal exposure to the elements.

(2)

(a)

In addition to posting, for other than motor vehicles and vessels, the enforcement officer shall make a reasonable effort to ascertain the name and address of the owner. If such information is reasonably available to the enforcement officer, the officer shall mail a copy of the notice by certified mail return receipt requested to the owner and any abutting real property owner(s) if other than the City where the abandoned property is located on or before the date of posting.

(b)

If the property is a motor vehicle or a vessel, the enforcement officer shall contact the Department of Highway Safety and Motor Vehicles or the Department of Environmental Protection, respectively, in order to determine the name and address of the owner and the name and address of any person who has filed a lien on the aforementioned property pursuant to State law. On receipt of this information, the enforcement officer shall mail a copy of the notice by certified mail, return receipt requested, to the owner, lienholder, if any, and any abutting real property owner(s) if other than the City where the abandoned property is located on or before the date of posting.

(c)

Failure of parties to receive notices after they are properly deposited in the U.S. mail and addressed in accordance with County and State provided information shall not toll any time periods for the removal, storage, destruction, or other disposition of abandoned property.

(d)

If, at the end of five (5) days after posting notice and mailing such notice, if required, the owner or any person interested in the abandoned property described in the notice has not removed the property from public property or shown reasonable cause for failure to do so, the following shall apply:

(1)

The City may retain any or all of the property for its own use, trade such property to another unit of local government or State agency, donate the property to a charitable organization, sell the property, or notify the appropriate refuse removal service.

(2)

The owner of any abandoned property, who after notice as provided in this Section, does not remove such property within the specified period, shall be liable to the City for all costs of removal, storage, disposal and publication of notice for such property, less any salvage value obtained by disposal of the property. Pursuant to F.S. Section 705.103(4), upon final disposition of the property, the enforcement officer shall notify the owner, if known, of the amount owed. In the case of an abandoned boat or motor vehicle, any person who neglects or refuses to pay such amount is not entitled to be issued a certificate of registration for such boat or motor vehicle, or any other boat or motor vehicle, until such costs have been paid. The enforcement officer shall supply the State Department of Environmental Protection with a list of persons whose boat registration privileges have been revoked under this Section and the State Department of [Highway Safety and] Motor Vehicles with a list of persons whose motor vehicle privileges have been revoked. Providing notice has been affixed and mailed, if required, in accordance with the above procedures, moving abandoned property from one public property location to another public property location shall neither toll original time periods for the removal, storage, destruction, or other disposition of the abandoned property nor require additional notices prior to removal of the property by the City.

(3)

The rightful owner shall be liable for the City's cost for transportation and storage of abandoned property and, if the rightful owner does not pay such costs within thirty (30) days of making claim to the property, title to the property shall vest in the City. The claim to the property must be made no later than ten (10) days after the Notice of Removal date, Section 90.03(D)(5).

(3)

Notices required for this Section shall be mailed and contain the information as specified in Section 90.03(D)(4), except as noted below.

(a)

A notice mailed prior to removal:

(1)

Will not contain a parcel identification number or legal description when such is not applicable to the public property in question.

(2)

Will not contain any provisions for a hearing. However, a telephone number will be included to permit an appropriate party to call to demonstrate reasonable cause for not removing the property described in the notice. Upon receipt of such reasonable cause information, the City shall inform the party of the final disposition of the case, which may include, but not be limited to, extending the time period for removal, canceling the case or removing the property at the expiration of the original time period.

(b)

The notice mailed after removal:

(1)

Will not contain the address from which the property was removed, unless there is an actual address of such property, but shall include a description of the location from which the property was removed.

(2)

Will not contain notice that a lien will be placed on the real property from which the abandoned property was removed.

(3)

Notices required for this Section shall be mailed and contain the information as specified in subsection 90.03(d)(4), except as noted below.

(Ord. No. 74-86, passed 11/11/86; Am. Ord. No. 58-94, passed 8/2/94; Am. Ord. No. 16-96, passed 4/2/96; Ord. No. 29-00, § 2, passed 11/7/00)