HomeMy WebLinkAboutO-83-18ORDAINS:
AN ORDINANCE CREATING SECTION 21-4 THROUGH 21-7
OF THE CODE OF ORDINANCES BY AUTHORIZING POLICE
DEPARTMENT TO TAKE POSSESSION OF STOLEN, WRECKED,
OR ABANDONED PERSONAL PROPERTY; REQUIRING OWNER
TO BE NOTIFIED, WHERE POSSIBLE; AUTHORIZING SALE
OF SUCH PROPERTY; PROVIDING FOR DISPOSITION OF
PROCEEDS; PROVIDING SEVERABILITY CLAUSE AND
EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, HEREBY
SECTION I.
That the Code of Ordinances, City of Sebastian, Florida,
is hereby amended by adding four sections, to be numbered 21~4, 21-5,
21~6 and 21-7 respectively, which said sections shall read as follows:
Sec. 21~4. Abandoned, stolen, etc., automobiles,
Bicycles and personal propert~_.-
Seizure by Police Department; storage.
The Police Department of the City is hereby authorized
and directed to seize and take possession of in the name and on behalf
of the City any automobile, bicycle or other personal property, whether
stolen, wrecked or abandoned, which may be found upon any of the public
streets or public property of the City and to remove the same therefrom
and store the same on such place as shall be provided and designated by
the Chief of Police.
Sec. 21~5. Same--Notice; repossession bu owner
upon payment of charges.
Upon taking possession of such property, the Police Depart-
ment shall make every effort to determine the owner of said property and
upon such determination to notify the owner that the same is held by the
City. Any time prior to the sale of said property as herein provided,
the City, upon request by any owner submitting proof of ownership satis-
factory to the Police Department shall deliver possession of said property
to the owner upon payment to the City of all of its costs, charges and
expenses connected with the seizure, storage, search for ownership or
notice for sale.
Sec. 21-6. Same--Notice and sale.
After the expiration of ninety days from the date said
property came into the possession of the City, the Police Department may
make sale of such property by inserting a notice in a newspaper of general
circulation published in the City. The notice shall be substantially as
follows:
Notice of sale of property by the City of Sebastian
Notice is hereby given that the City of Sebastian, Florida, will,
at the hour of o'clock, M. on the day of
· 19 , offer for public sale at the (specified
location) of the City of Sebastian, Florida, and sell to the highest
and best bidder for cash, each of the items of personal property now
in possession and custody of the City described as follows:
(Insert description of property to be sold)
Such sale is subject to the right of lawful owners to claim the same
and to have possession thereof, provided such claim is made prior
to such sale.
This day of , 19
City of Sebastian, Florida
BY
Chief of Police
The notice shall be published in two issues of such newspaper
prior to the sale date, the first publication to be not less than seven (7)
days from the date of sale. At the time and place of sale, each item of
personal property shall be struck off and sold separately and upon payment
by the successful bidder, possession thereof shall be delivered to the
success£ul bidder.
Sec. 21-7. Same--Disposition of Proceeds.
At the conclusion of the sale, the Chief of Police shall
make report of such sale to and deliver the .proceeds thereof to the
Director of Finance. All of the proceeds thereof, less the City's costs,
charges and expenses, as determined by the Chief of Police, shall be
retained by the City in a special fund to be utilized for safety programs,
or to further aid law enforcement.
SECTION II.
If any section, subsection, sentence, clause, phrase or
word of this ordinance is for any reason held unconstitutional or invalid,
for any reason, such ruling shall not affect the validity or constitutionality
of any of the remaining portions of this ordinance.
SECTION III.
This Ordinance shall take effect immediately upon becoming
law.
I HEREBY CERTIFY that the foregoing Ordinance was finally
passed by the City Council of the City of Sebastian, Florida, on the
Mayor· City of Sebastia~
ATTEST:
City Clerk
- 2 -
I HEREBY CERTIFY that Notice of Public Hearing of the
foregoing Ordinance was given in accordance with Section 166.041 of the
Florida Statutes, that said public hearing was held in the City Hall of
of ~ , 1983, and that the foregoing Ordinance
was duly passed and adopted by the Citu Council of the Citu of Sebastian,
Florida, on the 1 ~ ~ day of ~ , 1983.
City Clerk