HomeMy WebLinkAboutO-02-02ORDINANCE NO. O-02-02
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CODE
OF ORDINANCES SECTION 66-3 (NUISANCES) ILLUSTRATIVE
ENUMERATION; PROVIDING FOR CONFLICTS, SEVERABILITY, AND
EFFECTIVE DATE.
WHEREAS, it is the finding of the City Council that the accumulation of unlicensed or derelict
vehicles and vessels in the neighborhoods of Sebastian constitutes a nuisance;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, iNDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1. That the Code of Ordinances, City of Sebastian, Florida, section 66-3, is
hereby amended to read as follows:
Sec. 66-3 Illustrative enumeration.
The maintaining, using, placing, depositing, leaving or permitting to be
or remain on any public or private property of any of the following items,
conditions or actions is hereby declared to be and constitute a nuisance,
however, this enumeration shall not be deemed or construed to be conclusive,
limiting or restrictive:
(12) Inoperative, junk or abandoned vehicles and vessels on the exterior
portions of residential property. Trailers shall be deemed vehicles for purposes
of this regulation.
it shall constitute a violation of this provision to have either of the
following conditions on a residential property:
a) A vehicle or vessel that is unregistered or unlicensed and located to the
street side of the building line of the principle structure; or
b) A total of more than one vehicle, vessel or vessel/trailer tandem on the
property that is unregistered or unlicensed.
Section 2. CONFLICT. All ordinances or parts of ordinances in conflict herewith
are hereby repealed.
Section 3. SEVERABILITY. In the event a court of competent jurisdiction shall
hold or determine that any part of this Ordinance is invalid, the remainder of the Ordinance shall
not be affected and it shall be presumed that the City Council of the City of Sebastian did not
intend to enact such invalid or unconstitutional provision.
City Council would have enacted the remainder of this
It shall further be assumed that the
Ordinance without said invalid or
unconstitutional provision, thereby causing said remainder to remain in full force and effect.
Section 4. EFFECTIVE DATE. This Ordinance shall take effect immediately upon
its adoption by the City Council.
The foregoing Ordinance was moved for adoption by Councilmember ¢on±gl±o
The motion was seconded by Councilmember
a vote, the vote was as follows:
Mayor Walter Barnes aye
Councilmember Joe Barczyk aye
Councilmember Edward J. Majcher, Jr. aye
Councilmember James Hill aye
Councilmember Ray Coniglio aye
Barczyk and, upon being put into
The Mayor thereupon declared this Ordinance duly passed and adopted this 13th day of
February, 2001.
CITY OF SEBASTIAN, FLORIDA
_-- .ATTEST:
City Clerk . ·
Mayor Walter Barnes
Approved as to form and legality for
reliance by the City of Sebastian only:
Rich Strilnger, Cit~torney