HomeMy WebLinkAbout342 Wrecked or Derelict Goods, Abandoned Motor Vehicles - Confiscated Property and Contraband – Personal Property 0-44s /
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ORDINANCE NO. 342
AN ORDINANCE OF THE CITY OF ZEPHYRHILLS PERTAIN-
ING TO WRECKED DERELICT GOODS , ABANDONED MOTOR
VEHICLES OR AIRPLANES TOGETHER WITH ANY PROPERTY
WHICH HAS BEEN USED IN THE COMMISSION OF A FELONY,
CONFISCATED PROPERTY AND CONTRABAND PERSONAL PROPERTY:
PROVIDING FOR THE COUNTY JUDGE TO ORDER A SALE ;
ESTABLISHING A MODE OF ASCERTAINING SALVAGE; REQUIRING
REPORT TO THE CITY COUNCIL; PROVIDING FOR RECOVERY
FROM A PERSON WRONGFULLY IN POSSESSION; DEEMING IT
TO BE A MISDEMEANOR FOR FAILING TO REPORT THE FINDING
OF DERELICT GOODS OR TO APPROPRIATE THE SAME TO FINDER' S
OWN USE; PROVIDING FOR DISPOSITION AND APPRAISAL OF
PROPERTY SEIZED; PROVIDING FOR NOTICE OF SEIZURE AND
AN ORDER TO SHOW CAUSE; MAKING PROVISIONS WHEN THE
CO OWNERS OF PROPERTY ARE UNKNOWN; ESTABLISHING PROCEEDINGS
WHEN A CLAIM IS FILED PROVIDING FOR JUDGMENT OF FORFEITURE
CO
CO AND DISPOSITION OF PROCEEDS OF FORFEITURE .
OD
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ZEP.HYRHILLS ,
sitting in regular session as follows :
SECTION 1 . COUNTY COURT JUDGE TO ORDER SALE .
(a) Whenever any wrecked derelict goods or abandoned
motor vehicle_, or airplanes shall be found in the City, the County
Court Judge shall ascertain the amount and situation of the same
and by his written order shall cause the City police to take charge
thereof and sell the same at public outcry, after giving reasonable
public notice of the time and place of such sale .
(b) Whenever any. property has or shallcome into the
possession or custody ofthe police department by reason of its having
been used in the commission of a felony or whenever any confiscated
or contraband personal property of any description shall come into
the possession or custody of the police department by seizure in
the performance of his duty or otherwise which is subject to forfeiture
and sale under any provision of the State Constitution , Florida
Statutes or municipal law, such property shall be disposed of as here-
inafter provided.
SECTION 2 . MODE OF ASCERTAINING SALVAGE.
In order to ascertain the quantum of salvage to be paid to the
person finding , reporting and claiming 'a portion of such wrecked,
derelict goods , abandoned motor vehiclesor other personal property ,
the County Judge shall appoint two disinterested citizens of the
City as arbitrators (whoshall be authorized in case of agreement
0. R. 1238 PG_ 0.1462
318
to select an umpire) , who shall determine the quantum of
salvage , not to exceed one-half the proceeds of such goods ,
to be paid to the salvors or persons finding, reporting and claim-
ing such goods and the County Court Judge shall draw his order
upon the police department which shall pay the same for the
amount so awarded in favor of the salvors or persons finding,
reporting and claiming the goods which shall be paid upon disposi-
tion of the goods or upon determination by the police department
that the same shall be retained by the police department for
police department purposes .
SECTION 3 . POLICE TO REPORT TO CITY COUNCIL.
The police department shall report to the City Council
within one month of the time of which any money is received a
statement of the amount of money received by said department ,
the time at which, and the source from which, said money was
received.
SECTION 4. RECOVERY FROM PERSON WRONGFULLY IN POSSESSION.
Whenever any property described in this ordinance is
ascertained to be wrongfully withheld and the person in
possession refuses to give it up to the police on demand, the
City Attorney shall enter a suit for said property and prosecute
it to a final recovery.
SECTION 5 . FINDER OF DERELICT GOODS FAILING TO REPORT.
Whoever finds wrecked or derelict goods within the City
and fails to report them to the police department shall be
guilty of a misdemeanor of the second degree punishable as
provided by Florida Statute 775 . 083 .
SECTION 6 . FINDER APPROPRIATING DERELICT GOODS . 11/
Whoever finds wrecked or derelict goods and secretes or
appropriates the same to his own use or shall refuse to
deliver the same when required, shall be guilty of a misdemeanor
001_463 1238 P8 O1463
393
of the second degree punishable as provided in Florida
Statute 775 . 083 .
SECTION 7 . DISPOSITION AND APPRAISAL OF PROPERTY SEIZED.
(1) When personal property not subject to be
summarily destroyed is seized by the police department pur-
suant to any of the provisions of the law of this State permitting
forfeiture thereof or under this ordinance or when
property seized by any officer or person is delivered to the
VD police department under such provisions , the police shall
forthwith fix the approximate value thereof and shall make a
report thereof to the City Cbuncil . The report shall con-
tain a schedule of the property seized, a full statement of
the facts giving cause for said seizure , the name and address of
th owners or persons having possession of the property seized and
the names and addresses of all persons , firms or corporations
known to the police to have an interest in the property seized.
This same information shall be provided in the petition for a
forfeiture to the County Court Judge .
(2) The police shall hold the property seized pending
an order of disposal by the Court .
SECTION 8 . NOTICE OF SEIZURE AND ORDER TO SHOW CAUSE.
(1) The County Court Judge upon receiving a report
and schedule of the police department shall treat it as a petition or
libel in rem for the forfeiture of the property therein described.
The report shall be sufficient as said petition or liable not-
withstanding the fact that it may not contain a formal
prayer or demand for forfeiture . The report shall be subject
to amendment at any time before final hearing upon due notice
to all interested parties .
(2) Upon the filing of the report , the County Court
Judge shall cause to be issued a citation directed to all persons ,
( 0. R. 1238 PG 01464
Vic)
firms and corporations owning , having or claiming any
interest in or lien upon the seized property, giving notice
of the seizure and directing all such persons , firms and
corporations to file their claims stating their particular
interest in said property. All persons , firms and corpora-
tions personally served shall file their claims within
twenty (20) days after receiving service of the citation.
The citation shall set the time for filing a claim for
interested persons not personally served not to exceed thirty
days from the date the report was filed. Personal service
shall be made upon all parties in the State having liens
noted upon a Certificate of Title as shown by the records of
the Department of Highway Safety and Motor Vehicles .
SECTION 9 . NOTICE OF SEIZURE AND ORDER TO SHOW CAUSE
WHEN OWNERS OF PROPERTY ARE UNKNOWN.
When personal property not subject to summary destruc-
tion_ is seized by the police department pursuant to any of
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the provisions of the law in this State permitting forfeiture
of said property, under this act , or when property seized by
any other officer is delivered to the police , and the name
of the owners of said property or the names of any person, firm
or corporation having an interest in or lien upon said
property cannot be ascertained, the police shall give notice
of seizure and an order to show cause why the property should
not be forfeited and sold by publication in a newspaper
circulated within the City and no order of sale shall take
place until a thirty day period of time therefrom has expired.
SECTION 10 . PROCEEDING :WHEN CLAIM FILED.
When one or more claims are filed in the cause , the
cause shall be tried upon the issues made thereby with the
petition for forfeiture with any affirmative defenses being
deemed denied without further pleading. Judgment by default
shall be entered against all other persons , firms and cor-
porations owning , claims or having an interest in and to
0.R. 1238 PG 01465
397
the property seized, after which the cause shall proceed
as in other common law cases ; except if any claimant shall
prove to the, satisfaction of the Court that he did not know
or have any reason to believe , at the time of his right ,
title , interest or lien arose , that the property was
being used for , or in connection with, the violation of any
of the statutes or laws of this State or City making such
property subject to such forfeiture , and further , that at
such time there was no reasonable reason to believe that
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gam. such property might be used for such purpose , then such
property may not be forfeited. Where the owner of the property
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has been convicted of the violation of a statute or laws
of the State or City which provide for the seizure and for-
feiture of property, such conviction shall be prima facie
evidence that each claimant had reason to believe that the
property might be used for, or in connection with a violation
of, such statutes and laws, and it shall be incumbent upon such
claimant to satisfy the Court that he was without knowledge
of such conviction.
Section 11 . JUDGMENT OF FORFEITURE. On final hearing ,
the report of the police to the County Court Judge shall be
taken as prima facie evidence that the property seized was, or
had been, used in, or in connection with, the violation of the
statutes and laws of this State or City subjecting the property
involved to forfeiture and sale , and shall be sufficient predicate
for a judgment of foreclosure in the absence of other proofs
into evidence . The burden shall be upon the claimants to show
that the property was not so used, or if so used, that they
had no knowledge of such violation and no reason to believe
that the seized property was or would be used for the violation
of such statutes and laws . Where such properties are encumbered
by lien or retained title agreement under circumstances wherein
the lienholder had no knowledge that the property was or would be
'used, 'in' violating such statutes and laws, and no reasonable
reason to believe that it might be so used, then the Court may
__0• 11. 1238 PG 01466
declare a forfeitureof all the rights , title and interest,
subject , however, to the lien of such innocent lienholder ,
or may direct the payment of such a lien from the proceeds
of any sale of said property. The proceedings and judgment
of forfeiture shall be in rem and shall be primarily
against the property itself. Upon the entry of a judgment
of forfeiture , the Court shall determine the disposition
to be made of the property, which may include the destruction
thereof, the sale thereof, theallocation thereof to some
other Zephyrhills governmental function or use, or otherwise ,
as the Court may determine . If any of the property declared
forfeited is of such a nature as to be readily adaptable
for use in the police department , the police shall be allowed
to retain such items of the forfeited property before any
other disposition is made under the judgment . The police
department ' s requisition shall be filed before judgment ,
and the property requisitioned therein shall be allocated 111
to the office of the police department in said judgment .
The balance of the property shall be destroyed or sold or
allocated to some City governmental function or use . Sales
of such property shall be a public sale to the highest and
best bidder for cash after two weeks ' public notice as the
Court may direct . Upon the application of any claimant ,
the Court may fix the value of a forfeitable interest in the
seized property and permit such claimant to redeem the
said property upon the payment of a sum equal to said value
which sum shall be disposed of as would the proceeds of the
sale of said property under a judgment of forfeiture .
Section 12 . DISPOSITION OF PROCEEDS OF FORFEITURE .
All sums received from the sale or other disposition
of the seized property shall be paid into the City treasury
for the benefit of the _ general ..fund and shall become a
part thereof.
(.0. R. 1238 PG 01467
SECTION' 13 .
Whenever the police department shall ascertain that
an article of abandoned property is present within the City,
said department shall cause a notice to be placed upon such
article in substantially the following form:
NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE
ATTACHED PROPERTY.
This property, to-wit : (setting forth brief description)
• is unlawfully upon public or private property known as
(setting forth brief description of location) and must be
removed within ten (10) days or if the property is a
boat thirty (30) days from the date of this notice ;
otherwise , it shall be presumed to be abandoned property
and will be removed and destroyed by order of the City
of Zephyrhills . If the property is a motor vehicle or
boat , the owner will be liable for the costs of removal
and destruction.
DATED this : (setting forth the date of posting of notice) .
SIGNED: (setting forth name , title , address and telephone
number of enforcement officer).
Such notice shall be not less than eight inches by 10 inches
and shall be sufficiently weatherproof to withstand normal exposure
to the elements . In addition to posting, the enforcement officer
shall make a reasonable effort to ascertain the name and address
of that owner and if such is reasonably available to the enforcement
•
officer , .he shall mail a copy of such notice to the owner on or
before the date of posting.
(b) If at the end of ten days or (if the property is a
boat) thirty days after posting such notice , the owner or any
person interested in the abandoned article or articles described
in such notice has not removed the article or shown reasonable
cause for failure to do so , the enforcement officer may cause
11/ the article or articles of abandoned property to be removed and
destroyed or sold. The salvage- value , if any, of such article
or articles shall be retained by the City to be applied against
the cost of removal and destruction thereof.
..:•
_: . .,., -. : ;. . 0.R. 1238 PG -0 �- ,
-PIS
(c) In the sale of any motor vehicle or aircraft
sold pursuant to this ordinance , the same will be sold
"as is" and in the event there is an inability of any buyer .
who has purchased a motor vehicle or airplane for actual
use (as opposed .to one buying for "junk" purposes to obtain
111
a title therefor , then in no event shall the City be liable
for any damages other than a refund of the purchase price
upon return: of the motor vehicle or aircraft) .
(d) The owner of any abandoned motor vehicle or
boat, who , after notice as provided in this section, does
not remove the vehicle or boat within the specified period
shall be liable to the local government for all costs of
removal and destruction of such property less any salvage
value received by the local government . Upon such removal
and destruction, the City police department shall notify
the owner of the amount owed and the penalty provision of
M
this subsection. In the case of an abandoned boat ,. any 'person. r
who neglects or refuses to pay such amount shall rift :be
entitled to be issued a Certificate of Registration forany := -
other boat until such costs have been paid. The City shall
supply the Department of National Resources with a list of
persons whose boat registration privileges have been revoked
under this subsection ; and neither the department nor -the m
tax collector or other person acting as agent thereof shall . ...1
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issue a Certificate of Title to a person whose boat registra.- ' ...C4
tion privilege has been revoked as provided by thisubsectioi
until such costs have been paid. In the case of abandoned
motor vehicle , any person who 'neglects or refuses to pay such
amount shall be subject to a fine of $100 . 00 .
(e) Whoever opposes , obstructs or resists any:enforce-
ment officer or any person authorized by the enforcement. '
officer in the discharge of his duties as provided in this
. section upon conviction shall be guilty of a misdemeanor
of the second degree punishable as provided in Florida
Statutes 775 . 082 or 775 . 083 .
.R. 1238_PG_ 01469_
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(f) Any enforcement officer or any person authorized
by the enforcement officer shall be immune from prosecu-
tion, civil or criminal, for reasonable good faith trespass
upon real property while in the discharge of duties imposed
by this section inmasuch as this subsection is incorpora-
ting the provision of Florida Statute 705 . 016 (6) .
This ordinance shall become effective when passed
on its third reading and signed by the Mayor of said City.
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The foregoing Ordinance No . 342 was read and passed
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;4 ..on its first reading by the CityCouncil of the City of
Zephyrhills , Florida, on the 14th d.y of February , 1983 .
.Ilti i, � 4
/ PRESIDENT F C TY COUNCIL
(-,‘• 1( PW T,S., .T : ,�,�� �.i
4.. ,, CITY MANAGE'
Ar
3 w* ,, he; foregoing 'Ordinance No . 342 was read and passed
^-. /1 ---20.1'1:. its .s.econd reading by the City Council of the City of
0 „ Ze l rhills , Florida, on the 21st day of February , 1983 .
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2ctis-r-1/1--
0-- ...�.. .,9 / / PRESIDENT 0 Y COUNCIL
`'°` •v' CITY MANAGER
b • _ tet. 1
'• ,- c = ='' 'Zhe foregoing Ordinance No . ' 342 was read and passed
ats third reading by the City Council of the City of
_co_U ;rY ,
" Zephyrhills , Florida, on the 28th di of February , 1983 .
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f4 \ tt r / RESIDENT pF TY COUNCIL
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The foregoing Ordinance No . 342 was approved by
me this ' 28th day of February ; 1983 .
Y' Ak yto
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10. R. 1238 PG 01471