Sec. 54-226. - Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Abandoned property means wrecked or derelict property having no value other than nominal salvage value which has been left abandoned and unprotected from the elements and shall include wrecked, inoperative or partially dismantled motor vehicles, trailers, boats, machinery, refrigerators, washing machines, plumbing fixtures, furni ture and any other similar article which had been left abandoned and unprotected from the elements.

Enforcement officer means the county administrator or his designee, assisted by any other individual authorized by law, ordinance or policy adopted pursuant hereto to enforce the provisions of this article.

Nominal salvage value means an article of abandoned property shall be deemed to have a nominal salvage value unless a reasonably prudent man would be led to believe that the fair market value of the property, taking into consideration, its useful life, earning capacity or replacement cost, less depreciation and items of general or special depreciation, would be greater than the costs of salvage, including the removal, transportation, storage and sale of same.

Private property means all lands and improvements other than public lands and improvements.

Public property means canals, all waterways, lands and improvements owned by a governmental body or any governmental agency, including but not limited to easements and rights-of-way.

(Ord. No. 81-73, § 2)

Cross reference— Definitions generally, § 1-2.

Sec. 54-227. - Findings, purpose and intent.

Since articles of personal property are and will in the future be abandoned in the streets and on private property within the unincorporated areas of the county, and since there are or may in the future be articles of personal property left about the unincorporated areas of the county other than junkyards; and since such conditions tend to impede traffic in the streets or interfere with the enjoyment and reduce the value of private property; invite plundering; create fire hazards and other safety and health hazards to children and adults; interfere with the comfort and well being of the public, the purpose of this article is therefore to provide adequate protection of the public health, safety and welfare, which requires that such conditions be regulated, abated or prohibited.

(Ord. No. 81-73, § 1)

Sec. 54-228. - Application.

This article applies to the unincorporated areas of the County and shall be cumulative to all State laws, County and municipal ordinances now or hereafter enacted.

(Ord. No. 81-73, § 3)

State law reference— Conflicts between ordinances of noncharted counties and municipal ordinances, Fla. Const. art. VIII, § (f).

Sec. 54-229. - Placement of abandoned property prohibited.

It shall be unlawful for any person to abandon personal property upon any public property, or private property without receiving such property owner's consent or in violation of this article, or any other applicable law, ordinance or regulation.

(Ord. No. 81-73, § 4)

Sec. 54-230. - Public nuisance.

All abandoned property defined herein is hereby declared to be a public nuisance, the abatement of which pursuant to the police power is hereby declared to be necessary for the health, welfare and safety of the residents of the County.

(Ord. No. 81-73, § 5)

Sec. 54-231. - Procedure for notification.

(a)

Whenever the enforcement officer shall determine that an article of abandoned property is present on public or private property, he 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. The property, to wit: (setting forth brief description) is unlawfully upon public or private property (circle as appropriate) known as (setting forth a brief description of location) and must be removed within ten days from the date of this notice; otherwise, it shall be presumed abandoned property and will be removed and destroyed by order of the Board of County Commissioners. Dated this (setting forth the date of the posting of notice), signed (setting forth name, title, address and telephone number of enforcement officer).

(b)

Such notice shall be not less than eight inches by ten inches and shall be sufficiently weatherproof to withstand normal exposure to the elements during the ten-day waiting period. In addition, the enforcement officer shall make reasonable effort to ascertain the name and address of the owner, and if available shall mail a copy of the notice to such person.

(Ord. No. 81-73, § 6)

Sec. 54-232. - Removal of abandoned property.

(a)

If at the end of ten days after posting such notice the owner or any person interested in such abandoned property described in the notice has not removed same, the enforcement officer may cause the article or articles of abandoned property to be removed and destroyed; and the salvaged value, if any, of such article or articles shall be retained by the local government to be applied against the cost of removal and destruction thereof.

(b)

Before sale or destruction, any owner or lienholder of the abandoned property shall be permitted to regain possession thereof upon proof of ownership or lien rights entitling the lienholder to possession, upon payment of storage charges and all expenses incurred by the enforcement officer.

(Ord. No. 81-73, § 7)

Sec. 54-233. - Immediate removal.

Whenever, in the judgment of the enforcement officer, the abandoned property constitutes an immediate health or safety hazard, it shall be immediately removed and stored for a period of ten days, if possible, and shall thereafter be sold or destroyed.

(Ord. No. 81-73, § 8)

Sec. 54-234. - Obstructing enforcement officer.

Whoever opposes, obstructs or resists any enforcement officer or any person authorized by the enforcement office in the discharge of his duties as provided in this section, upon conviction shall be guilty of a misdemeanor of the second degree, punishable as provided in F.S. §§ 775.082 or 775.083.

(Ord. No. 81-73, § 9)

Sec. 54-235. - Trespass authorized.

Any enforcement officer or any person authorized by the enforcement officer shall be immune from prosecution, civil or criminal, for reasonable, good-faith trespass upon real property while in the discharge of duties imposed by this article.

(Ord. No. 81-73, § 10)

Sec. 54-236. - Adoption of rules, expenditure of funds, declaration of County purpose.

The Board of County Commissioners is authorized and empowered to adopt rules and regulations and expend County funds, as may be reasonably necessary to carry out the terms of this article, the expenditure of such funds being declared a proper County purpose.

(Ord. No. 81-73, § 11)

Sec. 54-237. - Authorized contracts.

The Board of County Commissioners is authorized to enter into contracts with any person for such period or periods of time, for such consideration and under such conditions as shall be deemed necessary and advisable by the Board of County Commissioners, for the purpose of effectuating and carrying out the provisions of this article.

(Ord. No. 81-73, § 12)

Secs. 54-238—54-250. - Reserved.