§ 90.03. STORING, PARKING OR LEAVING ABANDONED PROPERTY ON PRIVATE PROPERTY.

(A)

[Abandoned Property.] No person shall store, park, leave or permit the storing, parking or leaving of any abandoned property or of any wrecked, discarded, dismantled, unlicensed, or inoperable motor vehicle or vessel, which shall be presumed to be abandoned whether attended or not upon any private property within the City for a period of time in excess of seventy-two (72) hours. The presence of abandoned property on private property is declared a public nuisance which may be abated in accordance with provisions of this Chapter.

(B)

[Exceptions.] This Section shall not apply to:

(1)

Property within a completely enclosed building, provided that such property is the property of the owner or occupier of the building and that such use is not a commercial use of the property unless such use is authorized by other ordinances of the City; or

(2)

Any antique or collector vehicle registered with the State. However, no more than two (2) antique motor vehicles may be retained at the same property for collection purposes unless they are appropriately stored within a completely enclosed building or unless such use is permitted by other ordinances of the City.

(C)

Affixing Notice.

(1)

Whenever an enforcement officer ascertains that an article of abandoned property is present on private property in violation of the provisions of this Section, the enforcement 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) located at (setting forth brief description of location) is improperly stored, parked or left and is in violation of Section 90.03, City of Delray Beach Code of Ordinances and must be removed within five (5) days from the date of this notice unless a hearing has been demanded within five (5) days of the date of this notice. Otherwise, the property will be removed and disposed of by order of the City of Delray Beach. The owner will be liable for the cost of removal, storage, disposal, and publication of notice for the property. Dated: (setting forth date of posting of notice). Signed: (setting forth name, title, address, telephone number of enforcement officer). CALL 243-7212 FOR HEARING INFORMATION."

(2)

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. In addition to affixing the above notice, the enforcement officer shall, on or before the date of affixing the notice, mail by certified mail, return receipt requested, a notice to the owner of the real property upon which the abandoned property is located. In addition, 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 Environment 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, and shall also mail a copy of such notice by certified mail, return receipt requested, to those persons, pursuant to the procedures described in Section 90.03(d)(4). The mailed notice shall also advise the interested party that the party may request a hearing no later than five (5) days from the notice date by filing a written request with the Clerk of the Code Enforcement Board. A hearing before the Code Enforcement Board shall be scheduled within fifteen (15) days from the date the request is received. SEE SUBSECTION 90.03(D)(4) FOR REQUIREMENTS FOR INFORMATION TO BE PROVIDED ON MAILED NOTICES.

(D)

Hearing, Removal and Notice Procedures.

(1)

Hearing. The hearing before the Code Enforcement Board shall be conducted in accordance with provisions of Chapter 37 of the Code of Ordinances. If the Code Enforcement Board determines that the conditions cited in the notice constitute a public nuisance, the owner of the property shall have an additional seven (7) days to correct or remove the conditions. If the conditions are not corrected, the City shall have the right to have the conditions abated at the expense of the property owner or to assess fines in accordance with the Code Enforcement Board's decision and order.

(2)

Removal. If the owner or other interested person has not requested a hearing within five (5) days after the Notice Date, and if at the end of five (5) days after the Notice Date, which shall be the Final Correction Date, the owner, or any person interested in the abandoned property described in the notice, has not removed the property or otherwise complied with the ordinance(s) cited in the notice, the enforcement officer may cause the article of abandoned property to be removed, stored and destroyed. The salvage value, if any, of the article shall be retained by the local government to be applied against the cost of removal, storage, and destruction thereof. If the City has the condition abated and payment is not received within thirty (30) days after mailing a notice of assessment for the cost of the work together with all costs of inspection and administration, the City shall have a lien placed against the real property from which the abandoned property is removed for the costs, plus interest at the rate of eight (8) percent per annum, plus reasonable attorney's fees and other costs of collection those sums without further hearing. Providing notice has been affixed and mailed, in accordance with the above procedures, moving abandoned property from one private property location to another private property location shall neither toll original time periods for the removal, storage, destruction or other disposition of abandoned property nor require additional notices prior to removal of such property by the City.

(3)

Notice. Notifications to owners and other interested parties shall be addressed to the applicable parties according to addresses listed in official records provided to the City by State or County agencies. 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 removal, storage, destruction or other disposition of abandoned property or the assessment of liens for charges due for such removal or require additional notice prior to removal of such property by the City.

(4)

Notice Requirements Prior to Removal of Property. A notice shall advise the abandoned property's owner, lienholder(s) of record and owner of the real property on which the abandoned property is situated of:

(a)

The Notice Date.

(b)

The Final Correction Date, which shall be five (5) days after the Notice Date.

(c)

That after the Final Correction Date, the City shall have the right to remove the property described in the notice.

(d)

The right to and method of demanding a hearing on the condition described in the notice.

(e)

Make, model and year of manufacture, if available and applicable.

(f)

Tag number or if a vessel or trailer, registration number, if available and applicable.

(g)

Vehicle identification number, vessel identification number, if available and applicable.

(h)

Last registered to name(s) as provided to the City by County or State agencies, if available and applicable.

(i)

Ordinance or regulation violated.

(j)

A description of the abandoned property if such is other than a vehicle, vessel or trailer.

(k)

The location (street address or general description as applicable) where the abandoned property is situated.

(l)

The parcel identification number, which is the number Palm Beach County assigns to the real property upon which the abandoned property is located.

(m)

The legal description of the real property where the abandoned property is located, as published by Palm Beach County.

(n)

A telephone number to call for further information.

(o)

Estimated towing, storage and administrative charges if the City removes the described property.

(p)

Any lienholders of the property as provided to the City by either County or State agencies.

(5)

Notice Requirements after Removal of Property. Within five (5) days after removal of abandoned property, a Notice of Removal shall be mailed by first class mail to any parties notified pursuant to Section 90.03(D)(4), informing them of the Notice of Removal Date and the Final Reclamation Date. The Final Reclamation Date shall not be earlier than ten (10) days following the Notice of Removal Date. In addition, the following information shall be included in the notice:

(a)

The information noted in Sections 90.03(D)(4)(a) through (p) above, except 90.03(d)(4)(b), (c), and (d).

(b)

A Final Reclamation Date which shall be no less than ten (10) days after the notice date.

(c)

A telephone number to call to claim the removed property and to further inquire about the property and charges due and payable prior to reclamation.

(d)

The requirement to produce personal identification and proof of ownership prior to reclamation.

(e)

That a lien will be placed on the real property from which the abandoned property was removed if all charges due are not paid.

(f)

That if the property is not timely reclaimed, the right to reclaim and the title to the property are waived and that consent is granted to the City to dispose of the property.

(6)

If the owner of abandoned property cannot be reasonably determined, it shall be sufficient notice to publish a Notice of Removal once in a newspaper of general circulation in the City containing the following information:

(a)

A brief description of the removed property.

(b)

Either the street address or a description of the parcel from which the property was removed.

(c)

If available and applicable, vehicle or vessel identification number or vessel registration number and any tag number as affixed to the vehicle.

(d)

A telephone number to call to reclaim the property, to determine charges due and to obtain further information.

(e)

Notification that the property must be reclaimed no later than ten (10) days after the date the Notice of Removal was published, or the right to reclamation is waived along with any right and title to the property, and that by failing to make a claim, consent is granted to the City to dispose of the property.

(7)

When published in a newspaper of general circulation, the notice of removal may contain listings of more than one property.

(Ord. No. 74-86, passed 11/11/86; Am. Ord. No. 16-96, passed 4/2/96; Ord. No. 29-00, § 3, passed 11/7/00)