HomeMy WebLinkAboutO-88-20 ORDINANCE NO, 0-88-20
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, ESTABLISHING PROCEDURES FOR ABATEMENT
OF LOST OR ABANDONED PROPERTY; ADOPTING CERTAIN
PROVISIONS OF THE FLORIDA STATUTES PERTAINING TO
ABATEMENT OF LOST OR ABANDONED PROPERTY; PROVIDING FOR
A PENALTY; PROVIDING FOR SEVERABILITY; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Sebastian, Florida,
has determined that it is necessary to enact an ordinance
providing for procedures addressing lost or abandoned property in
the City; and
WHEREAS, the Legislature of the State of Florida has
provided for a comprehensive procedure to be utilized with
respect to lost or abandoned property.
NOW THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SEBASTIAN,
INDIAN RIVER COUNTY, FLORIDA, that:
Section 1. That a new Chapter 10 is hereby created and
added to the Code of Ordinances of the city of Sebastian, which
new Chapter shall read as follows:
"Chapter 10. Lost or Abandoned Property."
Section 2. That Section 10.1 of the Chapter 10 is hereby
created and added to the Code of Ordinances of the City of
Sebastian, which new Section shall read as follows:
"Sec. 10.1.
The procedures set forth in Chapter 705, Florida
Statutes (1987), for the abatement or removal of lost or
abandoned property are hereby adopted as an ordinance of the
City of Sebastian, Florida."
Section 3. That Section 10.2 of Chapter 10 is hereby
created and added to the Code of Ordinances of the City of
Sebastian, which new Section shall read as follows:
"Sec. 10-2. Penalties.
Any person who violates any provision of this Chapter
is guilty of a misdemeanor of the second degree, punishable
as provided in Section 775.082 or Section 775.083, Florida
Statutes (1987), as amended."
Section 4. Severability. In the event a court of
competent jurisdiction shall hold or determine that any part of
this Ordinance is invalid or unconstitutional, the remainder of
the Ordinance shall not be affected and it will be presumed that
the City Council of the City of Sebastian did not intend to enact
such invalid or unconstitutional provision. It shall further be
assumed that the City Council would have enacted the remainder of
this ordinance without said invalid and unconstitutional
provision thereby causing said remainder to remain in full force
and effect.
Section 5. This Ordinance shall become effective
immediately upon its adoption.
ATTEST:
CITY OF SEBASTIAN, FLORIDA
Richard B. Votapk%, Mayor
~hr~ ~ ~ '~ll%~r~n, 5~C/AA~
City Clerk
I HEREBY CERTIFY that notice of public hearing on this
ordinance was published in the Vero Beach Press Journal as
required by State Statute, that one public hearin~ was held on
this Ordinance at 7:00 p.m. on the ~ day of ~ ,
1988, and that following said public hearing thi~'Ordinance was
passed by the City Council.
Kathry~M. O'Halloran, CMC/AAE
City Clerk
Approved as to Form and Content:
Cha~l~s Ian
Nash, City Attorney