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HomeMy WebLinkAboutCHAPTER #138CHAPTER NO. ¢ ~?~ AN ORDINANCE PROHIBITING THE DEPOSITING, KEEPING OR MAINTAINING OF ANY JUNK OR REFUSE IN ANY OPEN LOT OR SPACE WITHIN THE CITY LIMITS OF THE CITY OF SEBASTIAN, FLORID.~A, AND PROVIDING PENALTIES FOR THE ~IOLATION THEREOF, .... BE IT ORDAINED BY THE ~YOR AND THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA: Section I. DEFINITIONS: j~k and.refus~ - "Junk" and "refuse" as used in this ordinance shall be deemed to include all junked or discarded automobiles, machinery, building materials and similar objects. A junked or discarded automobile shall be deemed to be a motor vehicle which is incapable of locomotion under its own power, or which can no longer be used for the purpose for which it was originally manufactured or shall have only salvage value whereby parts thereof are kept and used for the replacement and repair of other motor vehicles. An automobile which has been substan- tially wrecked or demolished as a result of a collision or upset shall be deemed to become a junked and discarded automobile if it becomes impractical to repair because of financial reasons c~ otherwise and if it shall remain without repair for a period of thirty days after the collision or upset which substantially wrecked or demolished said motor vehicle. Omen space q~ lot - The term "open space" or "lot" as used in this ordinance is defined to mean any space or lot within the corporate limits of the City which is not enclosed by a permanent building or sufficient enclosure to prevent such junk or refuse deposited thereon from being seen from adjacent stores and public places and which does not prevent the attraction to it by bugs, insects and vermin. Section II. It shall be unlawful for any person to deposit, keep or maintain any junk or refuse in any open lot or space within the City, except only that trash, garbage or other waste from living quarters may be deposited in the city dump provided by the City for such deposit. Section Iii. The City shall be authorized to remove from any open place or lot within the corporate limits of the -1- City any junk or refuse as defined in this ordinance. Before the City shall remove junk or refuse, it shall first give ten days' notice either to ~he person depositing such junk or refuse, or to the last known occupant of such premises from which such junk or refuse is to be removed, or to the owner of such premises. The person to whom such notice has been given shall, within the ten-day period, remove such junk or refuse from such premises. The ten--day notice herewith provided may be given by personal service by a police officer of the City or by mailing such notice to the last known address of the person to be so notified. The ten-day period provided herein shall run fz~m the date of personal service of such notice or from the date such notice is deposited in the United States post office at Sebastian addressed to the person to be notified at his last known address. Section IV. In the event the City shall remove junk or refuse from any lot or open space within the corporate limits of the City, as herein provided, the actual cost of so removing such junk or refuse shall be a lien upon the premises from which the same shall be removed and shall be payable immediately upon such removal. Section V. The City in enforcing the lien repres~ tin~ charges for the removal of junk or refuse from premises, as herein provided, shall be authorized to sell and dispose of any such junk or refuse and to apply the proceeds of such sale to the cost of the removal thereof; and shall be further authorized to file in the office of the Clerk of the Circuit Court of Indian River County a notice of lien for the cost and.expense of so removing such junk or refuse as herein provided. Such notice of lien shall be directed to the owner of the property from which, such junk or refuse shall have been removed, and it shall state the date that such lien became due and shall describe the property upon which such lien is claimed. All such liens filed as herein provided shall be in full force and effect for the period of one year from the date of filing the same; provided, that such lien shall be filed within thirty days next succeedin~ the date of removal of such junk or refuse as herein provided. Such lien may be enforced in equity as provided'by the laws of -2- Florida for the enforcement of mortgage liens or may be enforced in any manner provided by the laws of Florida for the enforcement! of laborer's or mechanic's liens. Section VI. In the event the 3unk or refuse situated upon any lot or open space within the City shall have been de- posited upon such lot or open space without the consent or know- ledge of the owner or occupant of such lot or open space, then the costs and charges of removing such junk or refuse shall be paid by the person depositing such junk or refuse on such lot ~r open space and shall be collected by an action at law. SectiQn Vii. Any person, firm or corporation violatin~ any of the provisions of this ordinance shall, upon conviction thereof, be punished by a fine not exceeding $500.00 or by im- prisonment of not more than sixty (60 days or by both such fine and imprisonment in the discretion of the court trying the offender. Section VIII. All ordinances and parts of ordinances in conflict herewith are hereby repealed. Section IX. Ibis ordinance shall be in full force and effect immediately upon its passage and approval by the Mayor or by its becoming a law without such approval. I hereby certify that the foregoing ordinance was duly~ passed b~the City Council of the City of Sebastian on day off.~~, 1955. Attest~ City Clerk To the Mayor of the City of Sebastian, Florida: I hereby certify that the foregoing ordinance was regu- larly passed by the City Council on the /$~-day 1955. City' Clerk The foro~o~n~ ord~nanco approved by mo ~hS~ ~ da7