3410 ORDINANCE NO. 3410
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA,
AMENDING SECTION 11-30, "KEEPING OF JUNK CARS,
PARTS AND DEBRIS WITHIN Tl:ll~. CITY LIMITS OF
SANFORD, FLORIDA; EXCEPTION" OF THE SANFORD
CITY CODE, AND AMENDING SCHEDULE F, SECTION 6,
"INOPERABLE OR UNLICENSED VEHICLES" OF THE
SANFORD LAND DEVELOPMENT REGULATION, TO
DELETE THOSE SECTIONS IN THEIR ENTIRETY AI'O}
ADD DEFINITIONS; PROVIDING FOR ABANDONMENT OF
VEHICLES; PROVIDING FOR ALLOWING VEHICLES TO
REMAIN OVER THIRTY (30) DAYS; PROVIDING FOR
PENALTY; PROVIDING FOR CIVIL ACTION; PROVIDING
FOR KEEPING PROFII~ITED; PROVIDING FOR REMOVAL
OF JUNK VEHICLES ON PUBLIC PROPERTY; PROVIDING
FOR REMOVAL OF JUNK VEHICLES LOCATED ON
PRIVATE PROPERTY; PROVIDING FOR POWER OF CITY
COMMISSIONERS TO CONTRACT FOR REMOVAL;
PROVIDING FOR COSTS OF REMOVAL; PROVIDING FOR
ENTRY POWERS; PROVIDING FOR SEVERABILITY,
CONFLICTS, AND EFFECTIVE DATE.
WHEREAS, the City Commission ofthe City of Sanford finds it to be in the best interest
of the City to amend Section 11-30 of the City Code and Schedule F, Section 6 of the Land
Development Regulations in an attempt to rid the City of junk and abandoned vehicles.
NOW THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF
SANFORD, FLORIDA,
SECTION 1: Section 11-30 of the City Code of the City of Sanford and Schedule F~ Section
6 of the CityIs Land Development Regulation are hereby deleted and replaced by the following:
Section A: Definitions
The follov,4ng definitions shall apply in the interpretation and enforcement of this Act:
(a) "Abandoned". When used in connection with junk vehicle, any wrecked or derelict
vehicle having no value other than nominal salvage value, if any, which has been left abandoned and
unprotected from the elements. If vehicle is left on a road, street, alley, highway or other public
easement, it shall be immediately deemed abandoned if left unattended. If such a vehicle is left on
other public property it shall be deemed abandoned if left unattended for ten (10) days. If left on
private property, it shall be deemed abandoned if left unattended for twenty (20) days if it is a junk
vehicle, except as provided herein.
(b) "Code Enforcement Officer". The officer designated by the City Commission to
enforce the provisions of this ordinance.
(c) "Junk Vehicle". A vehicle which is partially or wholly dismantled, wrecked, junked
and/or nonoperating in its current condition or unlicensed for a period of twenty (20) days.
(d) "Keep". When used in connection with junk vehicles, the act of keeping property
having no value other than nominal salvage value, if any, which has been left unprotected from the
elements with intention by the owner to remain in possession of it.
(e) "Person". Any person, firm, partnership, association, corporation, company or
organization of any kind.
(f) "Property". Any real property in the City of Sanford, outside of municipalities, other
than road, street, alley, highway or other public easement.
(g) "Public Property". Lands and improvements owned by the City including buildings,
grounds, parks, playgrounds, streets, sidewalks, parkways, rights-of-way and other similar property.
(h) "Road, street, alley, highway or other public easement". Any one or group of said
terms shall mean the entire width between the boundary lines of every public right-of-way.
(i) "Vehicle". A machine propelled by power, other than human power, designed to
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travel along the ground by use of wheels, treads, runners or slides and transport persons or property
or pull machinery, and shall include, without limitation, automobile, truck, trailer, motorcycle and
tractor.
Section B: Abandonment of Vehicles.
No person, being the owner or in control, shall abandon any dismantled; partially dismantled,
wrecked, junked, non-operating or unlicensed vehicle on any road, street, alley, highway or other
public easement or on private property, except on private property as provided for in this ordinance,
in the City of Sanford.
Section C: Allowing Vehicle to Remain Over Twenty (20) Days.
No person in charge or control of any property in the City of Sanford, whether as owner,
tenant, occupant, lessee or other wise, shall allow any dismantled, partially dismantled, wrecked,
junked, non-operating vehicle to remain on such property longer than twenty (20) days; except this
ordinance shall not apply with regard to a vehicle within an enclosed building permanently attached
to the dwelling; a vehicle on the premises of a business enterprise operated in a lawful place and
manner when necessary to the operation of such business enterprise if in conformity with the City's
Land Development Regulations; or in an appropriate storage place or depository maintained in a
lawful place and manner, but in no event shall a carport be considered an appropriate storage place.
Section D: Penalty.
Any person violating any of the provisions of Section B and C of this Ordinance shall be guilty
of a misdemeanor and upon conviction thereof shall be punished in accordance with the general laws
of the State of Florida relating to punishment for misdemeanors. Each day such violation is
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committed or permitted to continue shall constitute a separate offense and shall be punishable as such.
Section E: Civil Action.
Violations of this ordinance may be enjoined or otherwise prosecuted by the City of Sanford
by civil action in addition to the criminal enforcement.
Section F: Keeping Prohibited.
It shall be unlawful for any person to keep any junk vehicle on any public property or on any
private property; provided, however, that the provisions of this Section do not apply to any junk
vehicle kept within an enclosed garage, or on the premises of a business enterprise when necessary
to the functioning of such business operated in a lawful place and manner, and in conformity with the
City's Land Development Regulations, or in an appropriate storage area or depository maintained in
a lawful place and manner. In no event shall a carport be considered an appropriate storage area.
Section G: Removal of Junk Vehicles on Public Property.
(a) Whenever the enforcement officer ascertains that a junk vehicle is present on public
property, he shall cause a notice to be placed upon the junk vehicle. 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 make every masonable attempt to notify the owner, and shall mall on the date
of posting a copy of said notice to the owner of the vehicle.
(b) The notice required by subsection (a) shall be substantially in the following form:
CITY OF SANFORD
NOTICE TO THE OWNER AND ALL PERSONS INTERESTED 1N THE
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 ten (10) days from date of this notice; otherwise it shall
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be presumed to be an abandonext junk vehicle and will be removed to a storage facility
approved by the City Commission and thereaf[er disposed of in accordance with
applicable state law or city ordinance. The owner of the vehide 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
talephone number of enforcement officer).
Such notice shall be not less than eight (8) inches by ten (10) inches and shall be sufficiently
weatherproof to withstand normal exposure to the elements. If the vehicle is lef[ in a road, street,
alley, highway or other public easement the notice shall require the owner or one in control of the
vehicle to immediately remove the vehicle.
(c) It shall be unlawful for the owner of said vehicle to fall to remove said vehicle from
public property immediately from the posting of the notice if the vehicle is on a road, street, alley,
highway or other public easement, or within ten (10) days from the posting of said notice if on other
public property, or to fall to show reasonable grounds for the failure to do so within said time limit.
(d) Within the ten (10) 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 except that immediate removal will be required if a vehicle if left on a
road, street, alley, highway or other public easement.
(e) If no appeal is made, and if at the end often (10) days at~er posting such notice to the
owner or any person interested in said vehicle described in such notice, the person has not removed
the vehicle from public property or shown reasonable cause for failure so to do, the Enforcement
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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 costs of removal, storage and/or disposal of the vehicle pursuant to law.
Section ~: Removal of junk Vehicles Located on Private Property.
(a) 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. 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 mall 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.
(b) The notice required by subsection (a) shall be substantially in the following form:
NOTICE TO THE OWNER AND ALL PERSONS 1NTEKESTED IN THE
ATTACHED PROPERTY. 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, 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).
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.
(c) It shall be unlawful for the owner of said vehicle, or for the owner of the private
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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 Section or to fail to show
reasonable grounds for the failure to do so within said time limit.
(d) Within the twenty (20) 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.
(e) If no appeal is made, and if at the end of twenty (20) days after posting such notice
to the owner of any person interested in 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
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 mount owed.
Section I: Power of City Commissioners to Contract for Removal.
The City Commission is hereby authorized and empowered to contract on an exclusive or
nonexclusive basis with any person as the Commission deems advisable for the purpose of removing
and destroying junk vehicles abandoned or kept on public or private property in violation of this
ordinance upon the direction of the Enforcement Officer.
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Section J: Costs of Removal.
(a) All expenses incurred in the r~moval and destruction of junk vehicles from public
property shall be paid to the person designated by the City Commission to remove and destroy them
by the owner of the junk vehicle if he can be determined, or, if not, then by the City.
(b) All expenses incurred in the removal and destruction of junk vehicles from private
prop~y shall be paid to the person designated by the City Commission to remove and destroy junk
vehicles by the junk vehicle owner if he can be determined, or, if not, then by the private property
owneL
Section K: Entry Powers.
(a) The Enforcement Officer shall have the right to enter private property for the purposes
of inspecting for junk vehicles or posting of required notices when vehicles have been discovered in
violation of this ordinance.
(b) The Enforcement Officer shall have appropriate o~cial identification with him which
identifies said officer as an agent of the City when he enters private property for the purposes of this
ordinance.
SECTION 2: SEVERABILITY. If any section or a portion of a section of this ordinance
proves to be invalid, unlawful or unconstimtionai, it shall not be held to impair the validity, force or
effect of any other section or part of this ordinance.
SECTION 3: CONFLICTS. That all ordinances or parts of ordinances in conflict herewith
be and the same are hereby revoked.
SECTION 4: EFFECTIVE DATE. That this ordinance shall become effective immediately
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upon its passage and adoption.
FIRST READING thist~'7'~LfS day of ~f ,1998.
SECOND READING this//~t~ day of ~q/]O~ , 1998.
PAssED ~-~ ~OPTEDthis/J~ day of ~7/2a7~ ,1998.
ATTEST: -
n~et~R. Dougherty, 'JC~yy/C;er~k
As the City Commission of the
City of Sanford, Florida
f:Xtile~XggXsa~'or&ord~3410:nah
Ordinance No. 3410
Page 9 of 9
CERTIFICATE
I, Janet R. Dougherty, City Clerk of the City of Sanford,
Florida, do hereby certify that a true and correct copy of the
foregoing Ordinance No. 3410 , PASSED and ADOPTED by the City
Commission of the City of Sanford, Florida, on the llth day of
May , 19 98 , was POSTED at the front door of the City Hall in
the City of Sanford, Florida, on the 12th day of May , 19 98 .
City of Sanford, Florida