§ 8-201. Outdoor storage.

(a)

Purpose and findings.

(1)

The City has a compelling interest in promoting the health and safety of citizens and visitors by regulating potentially hazardous conditions on private and public property including public rights-of-way.

(2)

Personal property stored on public property, including public rights-of-way may pose a health, safety, or security threat to pedestrians.

(3)

The City has an interest in ensuring that pedestrians have unobstructed access to public rights-of-way.

(4)

The City has a compelling interest in complying with requirements of the Americans with Disabilities Act which include minimum unobstructed sidewalk access for those with disabilities.

(5)

The City is willing to assist, on a limited basis, in providing storage facilities to those who do not have a location to store personal property.

(b)

It shall be unlawful for any person to store on any private or public property, or the owner or occupant of any property to store or allow to be stored on private or public property owned or occupied by such owner or occupant, outside of a legally constructed fully enclosed structure:

(1)

Any abandoned, disabled or inoperative motor vehicle or parts thereof;

(2)

Any abandoned, inoperative, disabled or unattended freezer, refrigerator or parts thereof;

(3)

Any junk, rubbish, or garbage;

(4)

Any materials, equipment, furnishings, furniture, appliances, construction materials or any items which are not designed to be used outdoors, except as specifically allowed by chapter 16;

(5)

Any item of personal property including clothing or bedding; or

(6)

Any motor vehicle that is lawfully parked and is covered in a manner to protect the motor vehicle which does not comply with this subsection. Any cover shall allow at least the bottom of six inches of each tire to be visible. The required license tag shall be clearly visible from the right-of-way or the license tag number shall be printed legibly on the cover with characters not less than two inches in height so that it is clearly visible from the right-of-way. Covers shall be in good condition without tears, rips or holes. The entire cover shall be one color, except factory-made fitted covers may have more than one color, and shall be kept clean and free from mold and mildew. Covers may include tarps.

(c)

(1)

If the owner or occupant of any private property fails to remove any item, as described in subsection (b) of this section, which is unlawfully stored on that property within ten days after having been served with written notice, as described in subsection (g) of this section, which requires such removal, the City may cause the removal of such unlawfully stored items by following the lot clearing procedures found in Chapter 16. The POD may dispose of the items after removal from the private property. The removal and disposal of such items may be accomplished either by the POD or by private contract, and all costs of such work required to correct the violation shall be charged against the property as a special assessment as provided in Chapter 16.

(2)

Should a notice be issued for a violation having occurred pursuant to subsection (c) of this section, any subsequent violation of this subsection on the same real property by the same owner or occupant of the real property on which the violation previously occurred, occurring within 180 calendar days, shall result in a reduction of time for removal of the items from ten days to 24 hours and the POD may cause the removal of such unlawfully stored items.

(d)

(1)

If an individual fails to remove any item, as described in subsection (b) of this section, which is unlawfully stored on public property within 36 hours after having been served with written notice, as described in subsection (g) of this section, which requires such removal, the City may cause the removal of such unlawfully stored items.

(2)

In the event the POD determines the unlawfully stored items located on public property are a threat to the health, safety, or welfare of the public, the POD may immediately remove such unlawfully stored items. A threat to the health, safety, or welfare of the public shall include, but not be limited to, a fire hazard, an explosive hazard, noxious odors, or an infestation of vermin, including rodents, lice, roaches and fleas, to which the public would be exposed due to the unlawful storage. If items are removed without prior notice, a written notice shall be posted at the location which identifies the location where the items have been removed to.

(3)

Moving the unlawfully stored items to another location on public property shall not be considered to be removing the item from public property.

(4)

If an item, as described in subsection (b) of this section, is unlawfully stored on public property which public property is posted with a sign stating that unattended items may be removed immediately, then no additional notice shall be required and the item may be removed immediately. Such signs may only be placed in the right-of-way under the following conditions:

a.

In the interest of security and safety, temporary signs warning of immediate removal of items from public property may be posted in public rights-of-way at least 36 hours in advance of preplanned events including, but not limited to, parades and festivals which are likely to draw large crowds to the City.

b.

In the interest of security and safety, permanent signs warning of the immediate removal of items from public property may be posted in public rights-of-way around public buildings which are likely targets for the placement of explosive devices by terrorists or dissidents.

c.

In the event the City determines the need for an area-wide clean-up, the City may post notice of the clean-up in the area to be cleaned at least 36 hours in advance of the cleaning. Any items left when the clean-up commences may be immediately removed and stored according to the procedures set forth in subsection (d) of this section.

(5)

The POD may dispose of the items 30 days after removal from the public property or after seven days if the items are deemed to be a threat to the health, safety, or welfare of the public pursuant to this subsection. If the owner of the items wishes to retrieve the items, adequate proof of ownership and payment to the City of reasonable charges for storage and removal of the items are required. The removal and disposal of such items may be accomplished either by the POD or by private contract.

(e)

Notwithstanding the foregoing, the POD may immediately remove any unattended, abandoned, disabled or inoperative refrigerator or freezer which is located outside of a legally constructed fully enclosed structure, provided, however, the POD shall serve notice, as described in subsection (g) of this section, of such removal upon the owner or occupant of the property from which the refrigerator or freezer was removed and the owner or occupant shall have 30 days from the date of service of such notice within which to retrieve such refrigerator or freezer upon presentation to the City of adequate proof of ownership thereof and payment to the City of reasonable charges for storage and removal thereof. If such refrigerator or freezer has not been retrieved within 30 days from the date of service of such notice, the POD may then dispose of such refrigerator or freezer. These provisions authorizing immediate removal are deemed necessary due to the grave danger to the lives of children which City Council finds is created by unattended, abandoned or disabled refrigerators and freezers.

(f)

(1)

In the event the owner or occupant of any property upon which is located an inoperative motor vehicle outside of a fully enclosed legally constructed structure shall fail to remove such vehicle within ten days after having been served with written notice, as described in subsection (g) of this section, requiring such removal, the POD or a private contractor may remove such vehicle and shall store same for a period of 30 days. During such 30-day period, the owner may retrieve such vehicle after paying to the POD the reasonable charges for the removal and storage of such vehicle and presentation to the POD of adequate proof of ownership of such vehicle. After the 30-day period, the POD may dispose of such vehicle.

(2)

At locations where a lawful use, permitted by chapter 16, exists involving outdoor display or sales of vehicles, the lack of current license tags or inspection decals shall not make motor vehicles inoperative for purposes of this section.

(g)

(1)

The written notice required by this section shall be deemed to have been served if:

a.

A copy thereof is personally delivered to the party to be notified;

b.

A copy is left at the party's usual place of abode with some person of the family above 15 years of age and informing such person of the contents thereof;

c.

A copy is mailed by either registered or certified United States mail;

d.

If the name of such party or the place of residence or post office address cannot be ascertained after diligent search and inquiry or in the event a notice sent by either registered or certified mail shall be returned undelivered, a copy of such notice is posted in a conspicuous place on the property upon which the items described in this section are or were located;

e.

A copy is attached to the item, if the item is located on public property; or

f.

A copy is personally delivered to the person with custody of the items stored on public property which items may belong to someone else, and a copy is attached to the item.

(2)

The notice required by this section shall contain the following:

a.

A complete description of the items to be removed (such description may refer to an attached photograph);

b.

The location of the property;

c.

The section of the Code in violation;

d.

The location to which the items will be removed, if such items are removed from public property;

e.

The date and time by which the items must be removed from the private or public property; and

f.

If such items were removed from public property, the date by which the items must be claimed from the location where they are being stored, with notice that the items may be destroyed or otherwise disposed of after such date.

(3)

For notices related to removal of items on private property by the POD pursuant to subsection (c) of this section or vehicles pursuant to subsection (f) of this section, the notice must be substantially in the same form as the notice of violation provided in the lot clearing procedures in Chapter 16 and contain notification that a hearing may be held at the owner's or occupant's request. The hearing must be requested by the owner or occupant by notice in writing to the City Clerk within ten days of the date of service on the notice. The time for request of a hearing shall be five days for a repeat violation. A hearing, if requested, must be held prior to the removal of any item and shall be heard by a hearing officer. The owner or occupant, the City and all interested parties shall have the right to present evidence and appear before a hearing officer either in person or by counsel. The hearing officer shall decide based upon the evidence presented and the applicable ordinances and laws whether or not the violation specified is sustained by the facts and shall rule expeditiously. The hearing officer shall not be bound by the strict rules of evidence. If a hearing is requested, the POD shall not cause the removal of the items or vehicle until the hearing officer has sustained the violation and five days have elapsed from the date that the hearing officer's decision is served upon the owner or occupant which service shall be served as provided in subsection (g) of this section.

(h)

Definitions. For the purposes of this section:

Occupant means any person in apparent control or possession of the property upon which an inoperative motor vehicle or item is located.

Public property includes, but is not limited to, public rights-of-way.

Reasonable charges means that the POD shall take into consideration the owner's ability to pay the charges.

Store or stored , when referring to an item on public or private property, shall be broadly interpreted to include any action to place, store, park, display, locate, or set an item upon the property.

(i)

In consideration of the public health and safety, the City may provide or may provide access to an agency which will provide temporary storage facilities for the storage of items of personal property for any person located in the City who does not have a permanent abode or other location to store personal property. Such storage space may be used prior to the removal of items pursuant to this section or after retrieval of items removed pursuant to this section. The amount of storage space shall be minimal and may be limited to a size not exceed those items that will fit into a space measuring two feet deep by two feet wide by two feet high. The location of the storage facility and the amount of storage space allowed per person shall be determined by the POD. The POD shall establish reasonable rules and guidelines for the use of any City storage space. The storage space shall meet any applicable requirements of the Americans with Disabilities Act and other requirements of law.

(j)

Abandoned property is regulated and may be removed pursuant to F.S. § 705.101 et seq. In addition to law enforcement officers, the code enforcement inspectors are hereby designated, pursuant to F.S. § 705.1015, to administer the provisions of F.S. ch. 705, pertaining to lost or abandoned property.

(k)

Any personal property placed on private property or public property, including public rights-of-way, by a landlord in accordance with F.S. ch. 83 and/or F.S. ch. 715 may be subject to notice and removal procedures under this section. The landlord shall not be cited for placement of such items.

(Code 1992, § 8-321; Ord. No. 219-G, § 1, 1-4-1996; Ord. No. 873-G, § 1, 1-24-2008; Ord. No. 923-G, § 2, 3-19-2009; Ord. No. 177-H, §§ 1, 2, 6-11-2015)