Ordinance 032-1988
County Commission
ORDINANCE NO. 032-1988
AN ORDINANCE DECLARING AN EMERGENCY EXISTS
AND WAIVING NOTICE BY A FOUR-FIFTH' S VOTE;
AMENDING SECTION 2-15.2, MONROE COUNTY CODE,
IN ORDER TO PROVIDE A PROCEDURE FOR THE
REMOVAL OF ABANDONED AND LOST PROPERTY
LOCATED ON PUBLIC PROPERTY; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF ALL
ORDINANCES INCONSISTENT HEREWITH; PROVIDING
FOR INCORPORATION INTO THE MONROE COUNTY
CODE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, presently Monroe County is strewn with lost and
abandoned vehicles and other property; and
WHEREAS, such property creates both visual and environmental
pollution offensive to the public health, safety and welfare; and
WHEREAS, it is desired to rapidly put in place procedures to
abate the lost and abandoned property blight in Monroe County and
the consequent threat to public health and safety; now, there-
fore,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA:
Section 1.
An emergency is hereby declared and notice
waived by a four-fifth's vote.
Section 2.
Section 2.15.2, Monroe County Code, is hereby
amended to read as follows:
"Sec. 2-15.2. Abandoned or lost property
(a) Definitions
1) "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, functioning condition or
which has an apparent intrinsic value to the rightful owner.
2) "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 no apparent intrinsic
value to the rightful owner, However, vessels determined to be
derelict by the Department of Natural Resources in accordance
with the provisions of s. 823.11 shall not be included in this
definition.
3) "Enforcement officer" means any person who is elected,
appointed, or employed full time by the Monroe County Sheriff's
Office who is vested with authority to bear arms and make ar-
rests; and whose primary responsibility is the prevention and
detection of crime or the enforcement of the penal, criminal,
traffic, or highway laws of the state, including all certified
supervisory and command personnel whose duties include, in whole
or in part, the supervision, training, guidance, and management
responsibilities of full-time law enforcement officers and
auxiliary law enforcement officers. The term also means any
Monroe County Code enforcement officers and Monroe County munici-
pal service district hazardous waste inspectors.
4) "Public property" means 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, and other similar
property.
5) "Agency" means the Monroe County Sheriff's Office and
Monroe County, a political subdivision of the State of Florida.
(b) Procedures.
1) Whenever an enforcement officer ascertains that an
article of lost or abandoned property is present on public
property and is of such nature that it can be easily removed, the
officer shall take such article into custody and shall make a
reasonable attempt to ascertain the rightful owner or lienholder
pursuant to the provisions of this section.
2) Whenever an enforcement officer ascertains that an
article of lost or abandoned property is present on public
property and is of such nature that it cannot be easily removed,
the officer 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
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ATTACHED PROPERTY. This property, to wit: (setting
forth brief description) is unlawfully upon public property known
as (setting forth brief description of location) and must be
removed within 5 days; otherwise, it will be removed and disposed
of pursuant to Sec. 2-15.2, Monroe County Code. The owner will
be liable for the costs of removal, storage, and publication of
notice. Dated this: (setting forth the date of posting of
notice), signed: (setting forth name, title, address, and tele-
phone number of the enforcement officer).
Such notice shall be not less than 8 inches by 10
inches and shall be sufficiently weatherproof to withstand normal
exposure to the elements. In addition to posting, the
enforcement officer shall make a reasonable effort to ascertain
the name and address of the owner. If such is reasonably
available to the officer, he shall mail a copy of such notice to
the owner on or before the date of posting. If the property is a
motor vehicle as defined in s. 320.01(1) or a vessel as defined
in s. 327.02(27), the enforcement agency involved shall contact
the Department of Highway Safety and Motor Vehicles or the
Department of Natural Resources, respectively, in order to
determine the name and address of the owner and any person who
has filed a lien on the vehicle or vessel as provided in s.
319.27(2) or (3) or s. 328.15(1). On receipt of this
information, the enforcement agency shall mail a copy of the
notice by certified mail, return receipt requested, to the owner
and to the lienholder, if any. If, at the end of 5 days after
posting the notice and mailing such notice, if required, the
owner or any person interested in the lost or abandoned article
or articles described has not removed the article or articles
from public property or shown reasonable cause for failure to do
so, the following shall apply:
(a) For abandoned property, the enforcement agency may
retain any or all of the property for its own use of for use by
the state or unit of local government, trade such property to
another unit of local government or state agency, donate the
property to a charitable organization, sell the property, or
notify the appropriate refuse removal service.
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(b) For lost property, the officer shall take custody
and the agency shall retain the property for 90 days and publish
notice of the agency's intended disposition of the property.
1. If the agency elects to retain the property
for use by the unit of government, donate the property to a
charitable organization, surrender such property to the finder,
sell the property, or trade the property to another unit of local
government or state agency, notice of such election shall be
given by an advertisement published once a week for 2 consecutive
weeks in a newspaper of general circulation in the county.
2. If the agency elects to sell the property, it
must do so at public sale by competitive bidding. Notice of the
time and place of the sale shall be given by an advertisement of
the sale published once a week for 2 consecutive weeks in a
newspaper of general circulation in the county. The notice shall
include a statement that the sale shall be subject to any and all
liens. The sale must be held at the nearest suitable place to
that where the lost or abandoned property is held or stored. The
advertisement must include a description of the goods and the
time and place of the sale. The sale may take place no earlier
than 10 days after the final publication.
3) If the property is sold at public sale pursuant to
subparagraph 2)(b)2., the agency shall deduct from the proceeds
the costs of transportation, storage, and publication of notice,
and any balance of proceeds shall be deposited into an inter-
est-bearing account not later than 30 days after the date of the
sale and held there for 1 year. The agency shall provide a bill
of sale clearly stating that the sale is subject to any and all
liens. The rightful owner of the property may claim the balance
of the proceeds within 1 year from the date of the above stated
depos it by making app lica tion to the agency. If no rightful
owner comes forward with a claim to the property within the
designated year, the balance of the proceeds shall be placed in
the County's general fund.
4) The owner of any abandoned or lost property who, after
notice as provided in this section, does not remove such property
within the specified period shall be liable to the enforcement
4
agency for all costs of removal, storage, and destruction of such
property, less any salvage value obtained by disposal of the
property. Upon final disposition of the property, the enforce-
ment officer shall notify the owner, if known, of the amount
owed.
5) The rightful owner shall be liable for the enforcement
agency's costs for transportation and storage of lost or aban-
doned property and the agency's cost for publication of notice of
disposition of lost property. If the rightful owner does not pay
such costs within 30 days of making claim to the property, title
to the property shall vest in the enforcement agency.
Section 3. If any section, subsection, sentence, clause
or provision of this Ordinance is held invalid, the remainder of
this Ordinance shall not be affected by such invalidity.
Section 4. All ordinances or parts of ordinances in
conflict with this Ordinance are hereby repealed to the extent of
said conflict.
Section 5. The provisions of this Ordinance shall be
included and incorporated in the Code of Ordinances of the County
of Monroe, Florida, as an addition or amendment thereto, and
shall be appropriately renumbered to conform to the uniform
numbering system of the Code.
Section 6. This Ordinance shall take effect when a copy
is accepted by the postal authorities of the Government of the
United States for special delivery by registered mail to the
Office of the Secretary of State of the State of Florida.
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PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 5th day of July, A.D., 1988.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
g~#
By . ~. ~/
ay a rman
(SEAL)
Attest:DANNY 1. KOLHP...GE, Clerk
d--L/~~J;/.
ADOPTED:
1- ~"ff
FILED WITH SECRETARY OF STATE:
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EFFECTIVE DATE:
1~11. r~
.'Y
6
~ann!, JL. itolbagr
BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON. FLORIDA 33050
TEL. (305) 743-9036
CLERK OF THE CIRCUIT COURT
, MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 294.4641
BRANCH OFFICE
P.O. BOX 379
PLANTATION IKEY, FLORIDA 33070
TEL. (305) 852-9253
July 11, 1988
REGISTERED MAIL
RETURN RECEIPT REQUESTED
Mrs. Liz Cloud, Chief
Bureau of Administrative Code and Laws
Department of State
The Capitol
Tallahassee, Florida 32301
Dear Mrs. Cloud:
Enclosed please find a certified copy of Emerg~ncy
Ordinance No. 032-1988 amending Secction 2-15.2, Monroei
County Code, in order to provide a procedure for the re~oval
of abandoned and lost property located on public property.
This Emergency Ordinance was adopted by the Mo~roe
County Board of County Commissioners at a Regular Meeting in
formal session on July 5, 1988.
Please file for record.
Very truly yours,
Danny L. Kolhage
Clerk of the Circuit Cour~
and ex officio Clerk to t~e
Board 0 County Commissioners
By:
Rosalie L. onnolly
Deputy Clerk
cc: Municipal Code Corporation
Mayor Eugene Lytton
Commissioner William Freeman
Commissioner Jerry Hernandez, Jr.
Commissioner Michael Puto
Commissioner John Stormont
Sheriff William Freeman
County Attorney Randy Ludacer
MSD Manager Charles Aguero
County Administrator Torn Brown
Code Enforcement Admin. Ron Stack
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RECEIPT FOR CERTIH~_ ...AlL
NO INSURANCE COVERAGE PROVIDEO
NOT FOR INTERNATIONAl "AIL
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Postage
Certified Fee
Special Delivery Fee
Restricted Delivery Fee
Return Receipt showing
to whom and Date Delivered
Return Receipt showing to whom,
Date, and Address of Delivery
TOT AL Postage and Fees
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FLORIDA DEPARTMENT OF STATE
Jim Smith
Secretary of State
DIVISION OF ELECTIONS
Room 1802, The Capitol
Tallahassee, Florida 32399-0250
(904) 488-8427
July 19, 1988
Honorable Danny L. Ko1hage
Clerk of Circuit Court
Monroe County Courthouse
500 Whitehead Street
Key West, Florida 33040
Attention: Rosalie L. Connolly, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes,
this will acknowledge:
1. Receipt of letter/s of July 11, 1988
and certified copy/ies of Monroe
County Ordinance(s) Emergency Ord. 88-32
2. Receipt of
relative to:
County Ordinance(s)
(a)
which we have numbered
(b)
which we have numbered
3. We have filed this/tRege ordinances in this office
on July 18, 1988.
4. The original/duplicate copy/ies showing the filing date
is/are being returned for your records.
Sincerely,
Li~~~
Bureau of Administrative Code
LC / mb