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3608ORDINANCE NO. 3608 AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, REPEALING ORDINANCE 3584, AND REPLACING IT WITH THIS ORDINANCE NO. 3608; AMENDING SUBSECT!ON (h), REMOVAL OF JUNK VEHICLES LOCATED ON PRIVATE PROPERTY, OF SECTION 11-30, KEEPING OF JUNK CARS, PARTS AND DEBRIS WITHIN THE CITY LIMITS OF SANFORD FLORIDA; EXCEPTION; OF THE CITY CODE OF THE CITY OF SAN FORD, TO INCLUDE AN ALTERNATE MEANS OF NOTICING THE REMOVAL OF JUNK VEHICLES; PROVIDING FOR SEVERABILITY, CONFLICTS, CODIFICATION AND EFFECTIVE DATE. WHEREAS, the City of Sanford City Commission deems it in the best interest of the City to repeal Ordinance 3584 to correct a scrivener's error, and to amend Section 11-30 to provide for an alternative method of providing notice to the owners of junk vehicles on private property. NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF SANFORD, FLORIDA: SECTION 1: Ordinance 3584 is hereby repealed in its entirety. SECTION 2: Subsection (h), Removal ofjunk vehicles located on private property, of Section 11-30, Keeping of junk cars parts and debris within the City limits of Sanford, Florida; Exception, is hereby deleted in its entirety and substituted with the following: (h) Removal of junk vehicles located on private property. Whenever the enforcement officer ascertains that a junk vehicle is present on private property, he shall cause a notice of sufficient size and weatherproofing to be placed upon it or on the real property on which the junk vehicle is located= In addition to said posting, he shall make a reasonable effort to ascertain the name and address of the owner of the vehicle, and upon such discovery, he shall mail on the date of posting a copy of said notice to the owner of the vehicle. He shall also mail on the date of posting a copy of said notice to the owner of the property as shown by the real estate tax records upon whose property it is located. (2) (3) (4) (5) The notice required by subsection (1) shall be substantially in form: NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE VEHICLE: This property, to wit: (setting forth brief description) located at (setting forth brief description of location) is improperly stored and is in violation of Ordinance No. __ of the City of Sanford (City Code Section ~.) and must be removed within twenty (20) days from date of this notice; otherwise it shall be presumed to be abandoned property and will be removed to a storage facility approved by the City Commission and thereafter disposed of in accordance with applicable state law or city ordinance. The owner of the vehicle or person in charge of the property or authorized agents shall be liable for all costs of removal, storage and/or disposal of the vehicle by order of the City of Sanford. Dated this: (setting forth the date of posting of notice). Signed: (setting forth name, title, address and telephone number of enforcement officer). the following Such notice shall not be less than eight (8) inches by ten (10) inches and shall be sufficiently weatherproof to withstand normal exposure to the elements for a period of twenty (20) days. It shall be unlawful for the owner of said vehicle, or for the owner of the private property upon which said vehicle is located, to fail to remove said vehicle from said private property within twenty(20) days from the posting of the notice required by this subsection or to fail to show reasonable grounds for the failure to do so within said time limit. Within the twenty-calendar-day period specified in the notice, the owner or the person in charge of the property or authorized agent may appeal to the city commission. The city commission shall determine the validity of the violation and may, for good cause, extend the time for compliance or removal. If such an appeal is made, no removal shall be required until after the appeal has been finally determined. If no appeal is made, and if at the end of twenty (20) days after posting such notice to the owner, the owner or the person in charge of said vehicle described in such notice has not removed the vehicle from the private property or shown reasonable cause for failure so to do, the enforcement officer may cause the said vehicle to be removed to a storage facility approved by the city commission and thereafter disposed of in accordance with applicable state law or city ordinance. The owner of the vehicle or person in charge of the property or authorized agents shall be liable for all -2-- Ordinance No. 3606 costs of removal, storage and/or disposal of the vehicle. Upon final disposition of the vehicle, the code enforcement officer shall notify the owner, if known, of the amount owed. SECTION 3: Severability. If any section or portion of a section of this Ordinance proves to be invalid, unlawful or unconstitutional it shall not be held to impair the validity, force or effect of any other section or part of a section of this Ordinance. SECTION 4: Conflicts. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby revoked. SECTION 5: Codification. It is the intention of the City Commission of the City of Sanford, Florida, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Sanford, Florida; that the Sections of this Ordinance may be renumbered or relettered to accomplish such intention; that the word, "Ordinance," may be changed to "Section," "Article," or other appropriate word. SECTION 6: Effective Date. That this Ordinance shall become effective immediately upon its passage and adoption. --3-- Ordinance No. 3608 PASSED AND ADOPTED this ;~ day of~-~Z/,~l/C/--, A.D:, 2001. ATTEST: As the City Commission of the City of Sanford, Florida CERTIFICATE I, Janet R. Dougherty, City Clerk of the City of Sanford, Florida, do hereby certify of Sanford, Florida h~krr\cdr\Cities\Sanford\Ordinances\Repealing amending city code.wpd "4'- Ordinance No. 3608