§ 58-7. Removal of abandoned property on public property.

(a)

Definitions.

Abandoned property means all tangible personal property that does not have an identifiable owner and that has been disposed on public property in a wrecked, inoperative or partially dismantled condition or has no apparent intrinsic value to the rightful owner or appears to have no value other than nominal salvage value, if any.

Abandoned vehicles means vehicles defined as abandoned by F.S. §§ 316.194(3)(b) and 319.30(1)(c) and (d) or as otherwise defined as abandoned property herein.

Enforcement officer means a law enforcement officer as defined by state law or a city inspector or official that is empowered to issue notices of violation, citations or otherwise enforce code compliance.

Property easily removed means abandoned property that, for purposes of confiscation or elimination, can be readily removed, cleared or placed elsewhere by means such as, but not limited to, individual physical action or reasonably available wrecker services or tow trucks.

Property not easily removed means abandoned property that, for purposes of confiscation or elimination, cannot be readily removed, cleared or placed elsewhere without the means of specialized equipment such as, but not limited to, tractors, bulldozers or specialized flatbed trucks.

Public property means real property, lands and improvements owned by the federal government, the state, the county or a municipality and includes sovereignty submerged lands located adjacent to the county or municipality, buildings, grounds, parks, playgrounds, streets, sidewalks, parkways, rights-of-way, swale areas and other similar property.

(b)

Public property. Whenever an enforcement officer shall ascertain that an article or articles of abandoned property is present on public property within the city limits, the officer shall first determine whether the property is easily removed or is not easily removed.

(1)

Property easily removed. For property easily removed, the enforcement officer shall take such property into custody and shall make a reasonable attempt to ascertain the rightful owner or lienholder pursuant to F. S. § 705.101 et seq.

(2)

Property not easily removed. For property not easily removed, the enforcement officer shall cause a notice to be placed upon such property, requiring removal within five days of the posting, in substantially the form as provided by F.S. § 705.103(2) and proceed in compliance with state law.

(Ord. No. 2001-39, § 1, 5-22-2001)