HomeMy WebLinkAboutOrdinance 2001-114
ORDINANCE NO. 200t-ill
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, RELATING TO ABANDONED
OR LOST PROPERTY; PROVIDING FOR A REPEALER;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION INTO THE CODE; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City, is attempting to clean up the environment and to discourage the
abandonment of personal property on public property; and
WHEREAS, the terms of this Ordinance shall follow all State statutes that give the City
a remedy for removal, redemption, destruction and notice, when required, and grant the City
other powers as permitted;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section I
Definitions.
Abandoned Property means all tangible personal property which does not
have an identifiable owner and which has been disposed on public property
in a wrecked, inoperative or partially dismantled condition, or which has
not apparent intrinsic value to the rightful owner.
Lost Property means all tangible personal property which does not have an
identifiable owner and which has been mislaid on public property upon a
public conveyance on premises used at the time for business purposes or in
parks, places of amusement, public recreation areas or other places open to
the public in a substantially operable and functioning condition or which
has an apparent intrinsic value to the rightful owner.
Section 2
Unlawful to leave or abandon personal property on public property.
It shall be unlawful for any person to leave, abandon, cause to be abandoned or permit to be left
any personal property, owned by him, her or it in his, her or its possession, custody or control
upon such sidewalk, street, right-of-way, or upon public property.
Section 3
Impoundment of abandoned or lost property.
(a) Authority to impound abandoned or lost property. Employees of the City are hereby
authorized to remove abandoned or lost property to an impoundment area, or such other place
of safety or to an area designated or maintained by the City, under the circumstances pursuant
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to the procedures for abandoned or lost property as provided in F.S. Chapter 705, as amended
from time to time.
(b) Charges to be paid before property released from impoundment. No abandoned or
lost property retained in an impoundment area as herein provided shall be released therefrom
until the charges for notice, transportation of such property into the impoundment area, and
storage charges have been paid. Such charges shall be fixed by the code compliance division
of the building, planning and zoning department, such charges to be abased upon a
computation of all actual expenses entered into in the notice, removal and storage of same.
Such charge or charges shall be posted for public inspection in the office of the City Clerk.
Section 4 Notice of impounding.
(a) The City shall abide by the notice requirement contained in F.S. Chapter 705.
(b) As to shopping carts, the City shall comply with notice requirements in State statutes.
(c) As to abandoned vehicles, the City shall comply with State statutes as well as the
requirements of the Code of Miami-Dade County as adopted by Section 8.3 of the
Charter of the City of Sunny Isles Beach.
Section 5 Removal. redemption. destruction and notice.
(a) Any such property abandoned or otherwise left on public streets, public property or on
private property without express consent of the owner or tenant thereof, shall be seized and
impounded by the City, to be sold at public auction as unclaimed property after 90 days,
unless the owner thereof shall claim them from the City within said period and pay the sum
of $50.00 for such property to cover minimal transportation, retrieval and publication costs,
and in addition thereto, $5.00 per day for storage for such property.
(b) Whenever the City shall retrieve any property containing identification of ownership or
right to possession, a notice shall be sent by certified mail to such person advising that such
property is being held by the City and that said property may be redeemed upon payment of
$50.00 to the City.
Section 6 Repealer. All ordinances or parts of ordinances in conflict herewith be, and the
same, are hereby repealed.
Section 7 Severability. If any section, subsection, clause or provision of this Ordinance is
declared invalid or unconstitutional by a court of competent jurisdiction, the remainder shall not
be affected by such invalidity.
Section 8 Inclusion in the Code. It is the intention of the City Commission and it is hereby
ordained that the provisions of this Ordinance be included and incorporated into the Code of
Ordinances of the City of Sunny Isles Beach as an addition thereto and the sections of this
Ordinance may be renumbered to conform to any uniformed numbering system.
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Section 9. Effective Date. This Ordinance shall take effect ten (10) days after adoption on
second reading.
PASSED AND ADOPTED on first reading this 18th day of January, 2001.
PASSED AND ADOPTED on second reading this~;t~ay 0
/
David Samson, Mayor
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; ':, Rie~~d Brdwh-M~fi~la, City Clerk
APPItOvEn AS TO FORM
AND LEGAL SUFFICIENCY:
Moved by: ~mN'..'SS:lDtVm.. \ U~f-~(,'T
Seconded by: \j \ c.~ MALloR '<A-Ut=FVY1Atv'
VOTE:
5-0
Mayor David Samson
Vice Mayor Lila Kauffman
Commissioner Daniel Iglesias
Commissioner Connie Morrow
Commissioner Irving Turetsky
(yes) V
(yes) V
(yes) V
(yes) ~
(yes) _
(no)_
(no)_
(no)_
(no)_
(no)_
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