604r _y
ORDINANCE NO. 604
AN ORDINANCE DECLARING IT TO BE
UNLAWFUL AND A PUBLIC NUISANCE
FOR ANY PERSON, FIRM OR CORPORATION
TO STORE OR DEPOSIT OR CAUSE TO BE
•STORED OR DEPOSITED ANY ABANDONED,
JUNKED, OR DISCARDED MOTOR VEHICLE
OR MOTOR VEHICLES UPON ANY PUBLIC OR
PRIVATE PROPERTY WITHIN THE CITY OF
EDGEWATER, FLORIDA; SETTING FORTH A
PROCEDURE FOR ABATEMENT OF SAID
NUISANCE; PROVIDING A PENALTY FOR
VIOLATIONS THEREOF AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Edgewater,
Florida has decided that the keeping or maintaining or storing
or depositing of abandoned, junked or discarded motor vehicles
by any person, firm or corporation upon any private or public
property within the City of Edgewater, Florida is unsightly
and poses a problem to the public health, welfare and safety
and therefore constitutes a public nuisance; and
WHEREAS, the City Council has elected to exercise its
police power to abate nuisances within the city.
NOW THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF
EDGEWATER, FLORIDA:
SECTION 1. That the keeping or maintaining or storing or
depositing of any abandoned, ;junked or discarded motor vehicle
or vehicles upon any private or public property within the City
of Edgewater, Florida be and the same is hereby declared to be
a public nuisance.
SECTION 2. That an abandoned, junked or discarded motor
vehicle shall be defined for the purposes of this Ordinance as
a motor vehicle not bearing a license plate issued by the State
of Florida or any other State for the then current year,
irrespective of whether said motor vehicle contains an engine.
SECTION 3. It shall be unlawful for any person, firm or
corporation, whether as owner, occupant, lessee, agent, tenant
or otherwise to keep, maintain, store or deposit, or cause or
permit to be kept, maintained, stored or deposited any abandoned,
junked or discarded motor vehicle or motor vehicles, as defined
C
herein, upon any private or public property within the city
of Edgewater, Volusia County, Florida.
SECTION 4. Any such abandoned, junked or discarded
motor vehicle or motor vehicles as defined herein shall be
removed upon ten (10) days written notice to the owner or
occupant of any permises upon which said motor vehicle or
motor vehicles are kept, maintained, stored or deposited, or
to the owner thereof if the identity of such owner of the
motor vehicle can be ascertained through license plates or
otherwise. If such motor vehicle or motor vehicles are not
removed after ten days written notice by the Chief of Police,
said notice to be personally delivered or sent certified mail
to the last known address of said owner, if known, then the
City of Edgewater shall have the right to remove or cause the
removal and disposal of such motor vehicle or motor vehicles
at public sale at the cost of the owner or occupant of the
premises, or the owner of such motor vehicle or motor vehicles,
if such owner can be ascertained. The said remedy on the part
of the City to be exercised, shall be in addition to, and not
in limitation of any applicable laws of the State of Florida
dealing with abandoned or derelict property, and the City shall
have the right to proceed with the removal and disposal of said
motor vehicle or motor vehicles whether under this Ordinance or
under applicable Florida Statutes.
SECTION 5. If any owner or occupant of any permises upon
which an abandoned, junked, or discarded motor vehicle or motor
vehicles shall be found shall fail to remove or cause the re-
moval of said motor vehicle or motor vehicles, after ten (10)
days written notice, as herein specified, the said person, firm
or corporation shall be guilty of violating this Ordinance and,
upon conviction thereof, be subject to the punishment provided
by Section 1-8 of the Code of Ordinances of the City of Edgewater,
Florida.
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SECTION 6. That this Ordinance shall not in any way
apply to any persons or firms or corporations duly licensed
by the City as the owner or operator of Junk Yards, so long as
said person, firm or corporation is not in violation of any
of the provisions of Ordinance No. 581, and amendment thereto,
of the Code of Ordinances of the City of Edgewater, Florida
pertaining to junk yards and junk dealers; provided however,
that the violation of any provision of Ordinance No. 581,
and amendment thereto, by any person, firm or corporation shall,
in addition to the penalties imposed by that Ordinance, subject
the said person, firm or corporation to the penalties provided
in this Ordinance.
SECTION 7. Should any provision of this Ordinance be
declared unenforceable by any court of competent jurisdiction,
then the said portion or part of this Ordinance declared to be
unenforceable shall be severed from this Ordinance and the re-
maining provisions shall remain in full force and effect.
SECTION 8. That Section 1, of Ordinance No. 269 be and
the same is hereby repealed.
SECTION 9. That all Ordinances or parts of Ordinances
in conflict herewith be and the same are hereby repealed.
SECTION 10. That this Ordinance shall take effect
immediately upon its passage by City Council and approval by -
the Mayor.
The above Ordinance was read in full and passed by vote of
Regular
the City Council of the City of Edgewater, Florida at alb
Meeting of said Council held on the 5th daY of August
A.D., 1968, after due notice thereof.
Upon motion duly made, seconded and carried, the require-
ment of reading said Ordinance upon second reading was waived and the
Ordinance was ordered put upon final passage.
Passed by vote of the City Council of the City of Edgewater,
Regular
Florida at a 1 Meeting of said Council held on the 5th
day of August A.D., 1968, after due notice thereof, and
approved as provided by law; the vote of said Council upon roll
call being as follows;
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D
D
ATTEST:
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ayor