Chapter 670 - ABANDONED PROPERTY

TITLE XIX - PUBLIC SAFETY Chapter 671 - THE COMMUNITY AUTOMATED EXTERNAL DEFIBRILLATOR PROGRAM FOR DUVAL COUNTY Chapter 670 - ABANDONED PROPERTY[1]

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State Law reference— Seized, abandoned, wrecked or derelict property generally, F.S. Ch. 705; abandoned iceboxes, F.S. § 823.07 et seq.; abandoned or derelict vessels, F.S. § 823.11.

Sec. 670.101. - Definitions.

In this Chapter, unless the context otherwise requires:

(a)

Abandoned property means wrecked or derelict personal property, including wrecked, inoperative or partially dismantled motor vehicles; trailers; boats; machinery; refrigerators, washing machines, stoves, hot water heaters and other household appliances; plumbing fixtures; and furniture.

(b)

Private property means real property not owned or used by a governmental body in the City but does not include a place licensed under Part 2, Chapter 185 and permitted under the Zoning Code to be used as junkyard.

(c)

Reserved.

(d)

Remove means to physically cover or take away, repair or restore to useful service an item of abandoned property, so that it no longer constitutes abandoned property as defined in subsection (a) of this Section.

(Ord. 79-265-103, § 1; Ord. 83-591-400, § 1)

Note— Former § 314.101.

Sec. 670.102. - Enforcement; immunity from trespass.

The Sheriff shall enforce this Chapter and references herein to the Sheriff include his authorized deputies.

(Ord. 79-265-103, § 1; Ord. 83-591-400, § 1)

Note— Former § 314.102.

Sec. 670.103. - Abandoned property and related acts prohibited.

No person shall:

(a)

Place, leave or cause to be placed or left on public or private property any abandoned property.

(b)

Place or leave outside a building or dwelling or on an unenclosed porch, areaway or other portion of a building or dwelling or in a place accessible to children nor permit to remain in a place under his control an abandoned, unattended or discarded icebox, refrigerator, freezer or other container having an interior capacity of one and one-half cubic feet or more, which has a substantially airtight door or cover designed or intended to be fastened with a snaplock or other mechanical device which, when closed, cannot readily be released for opening from the inside of the icebox, refrigerator, freezer or other container, unless the locking device shall have been removed and the door or cover which it was designed or intended to secure will open freely at all times.

(c)

Obstruct the Sheriff in the discharge of his duties under this Chapter.

(d)

Remove a notice affixed to abandoned property under this Chapter without the Sheriff's consent.

(Ord. 79-265-103, § 1; Ord. 83-591-400, § 1)

Note— Former § 314.103.

Sec. 670.104. - Notice of abandoned property.

(a)

Whenever the Sheriff finds abandoned property which is located on private property and:

(1)

He can reasonably ascertain the person responsible for placing, leaving or causing the placing or leaving of the abandoned property on the private property, he shall serve upon the person a notice of abandoned property, in a form prescribed by the Sheriff, stating that:

(i)

The property (which shall be described) appears to be abandoned property under this Chapter.

(ii)

The person receiving the notice (who shall be named) appears to be responsible for placing, leaving or causing the placing or leaving of the abandoned property on the private property (which shall be described with reasonable particularity).

(iii)

He has ten days from the date of the notice in which to remove the abandoned property.

(iv)

In the event of the person's not removing the abandoned property within the ten-day period, it may be removed by the City and the cost of removal assessed against the real property from which the abandoned property was removed or against the person receiving the notice.

The notice shall also state that the person may, within the ten-day period, request a hearing as to the necessity of removal and the place where the person may make his request; and, in prominent language, that failure by the person to request a hearing within the ten-day period will act as a waiver of his right to a hearing and may result in the assessment of the cost of removal against him personally. The person receiving the notice shall sign the notice as an acknowledgment that he has received a copy of the notice and a copy of the notice shall be provided to the person.

(2)

He cannot ascertain the person responsible for placing, leaving or causing the placing or leaving of the abandoned property on the private property, no notice of abandoned property shall be issued but the removal notice shall be placed on or near the abandoned property as required by Section 670.105 and the Sheriff shall proceed under Section 670.108.

(b)

Reserved.

(c)

If a person required by this Section to sign a notice of abandoned property willfully fails or refuses to do so, the Sheriff shall note this fact on the face of the notice, which shall constitute prima facie evidence of delivery or service of notice as required by this Section.

(Ord. 79-265-103, § 1; Ord. 83-591-400, § 1)

Note— Former § 314.104.

Sec. 670.105. - Removal notice.

Whenever the Sheriff finds abandoned property which is located on private property, and regardless of whether a notice of abandoned property is served pursuant to Section 670.104(a)(1) or (b)(1), the Sheriff shall cause a notice to be placed on the abandoned property, in substantially the following form:

TEN-DAY REMOVAL NOTICE

Notice to the Owner and All Persons Interested in the following property: This property, to-wit:  [description of property]  located at  [street address]  is or appears to be abandoned property, as defined by Sec. 670.101(a), Ordinance Code of the City of Jacksonville, and must be removed within ten (10) days from the date of this notice. Failure to do so may result in removal and disposal of the property by order of the City of Jacksonville or by order of the County Court of Duval County.

Dated ________, 19___.

Name, title, address and telephone number of Sheriff

If the Sheriff cannot attach the removal notice to the abandoned property itself, he shall attach the notice to a substantial object as close to the abandoned property as possible and this shall be deemed compliance with the posting requirement of this Section.

(Ord. 79-265-103, § 1; Ord. 83-591-400, § 1)

Note— Former § 314.105.

Sec. 670.106. - Hearing.

(a)

If the person who received a notice of abandoned property under Section 670.104(a)(1) or (b)(1) or his agent timely requests a hearing on the necessity for removal of the abandoned property as provided in Section 670.105, a date shall be set, not more than ten days after the date of the request, for the hearing. The timely filing of the request for a hearing shall operate as a stay of further action by the City under the Chapter, until the hearing examiner has rendered his decision. The General Counsel shall provide a hearing examiner to conduct the hearings required by this Section.

(b)

At the hearing, the person, his agent or his attorney, shall be afforded an opportunity to present, by oral testimony or documentary evidence, his objections to:

(1)

The designation of the property as abandoned property.

(2)

(i)

The necessity for removal of the abandoned property, and

(ii)

His liability for the payment of the cost of the removal.

(c)

At the conclusion of the hearing on the person's objections, the hearing examiner shall render his decision. If the hearing examiner:

(1)

Finds that the property is not abandoned property, he shall direct that the notice of abandoned property previously served on the person, as a result of which the hearing was requested and held, be canceled and that the removal notice attached to or near the property be removed.

(2)

Finds that the property is abandoned property, he shall:

(i)

Direct the removal of the property or its other disposition so that it no longer is abandoned property, and

(ii)

Establish the extent of the liability of the person who requested the hearing for payment of the cost of such removal or other disposition, including storage charges under Section 670.107.

The decision of the hearing examiner shall be final, and a copy of the decision shall be furnished to the person who filed the request for the hearing, to the Sheriff and to the General Counsel.

(Ord. 79-265-103, § 1; Ord. 83-591-400, § 1; Ord. 2007-2-E, § 1)

Note— Former § 314.106.

Sec. 670.107. - Reserved.

Editor's note— The provisions of former § 670.107, relative to the storage of abandoned property found on public property, were deleted as part of the Super Supplement to the Code. Former § 670.107 derived from Ord. 79-265-103, § 1; Ord. 83-591-400, § 1.

Note— Former § 314.107.

Sec. 670.108. - Procedure for disposition of abandoned property.

(a)

Return of Sheriff. When abandoned property is found by the Sheriff pursuant to the provisions of Section 670.104, the Sheriff shall fix the approximate value thereof and make a return thereof to the General Counsel. The return shall:

(1)

Contain a description of the abandoned property.

(2)

Give in detail the facts and circumstances under which it was found.

(3)

State in full the reason why the Sheriff knew or was led to believe that the described property is abandoned property.

(4)

Shall list all individuals, partnerships, corporations and unincorporated organizations known to the Sheriff to be interested in the abandoned property.

If the Sheriff has served a notice of abandoned property pursuant to Section 670.104(a)(1).

(b)

Proceedings for disposition.

(1)

Petition for disposition; citation.

(i)

Upon receipt of the Sheriff's return, and if the abandoned property has not been removed or disposed of within ten days after the date of a removal notice so that it no longer is abandoned property or a hearing examiner has found the property to be abandoned property and the person responsible therefor has not removed it, the General Counsel shall file with the appropriate court a petition for disposition of the abandoned property. The proceedings and any judgment of abandonment shall be in rem and primarily against the abandoned property itself. Upon the filing of the petition, the Clerk shall issue a citation, directed to all persons owning, having or claiming an interest in or a lien upon the abandoned property to file their claim to, on or in the property within the time fixed in the citation, as to persons not personally served, and within 20 days from personal service of the citation where personal service is held. Personal service shall be made on all persons in Florida, listed on the Sheriff's return, in accordance with the Florida Rules of Civil Procedure and the laws of the State. The citation shall be in substantially the following form:

IN THE [name of court]

IN RE DISPOSITION OF THE FOLLOWING DESCRIBED PROPERTY:

[here describe abandoned property]

The City of Jacksonville to:

[here list the individuals, partnerships, corporations and unincorporated organizations listed on the Sheriff's return] AND TO ALL PERSONS, FIRMS AND CORPORATIONS OWNING, HAVING OR CLAIMING AN INTEREST IN OR LIEN ON THE ABOVE DESCRIBED PROPERTY.

YOU AND EACH OF YOU is hereby notified that the above-described property appears to be abandoned property under and by virtue of Chapter 670, Ordinance Code, and you and each of you is hereby further notified that a petition under this Chapter has been filed in [name of court] seeking the disposition of the such property. You are hereby directed and required to file your claim, if any you have, and show cause on or before ________, 19___, if not personally served with process herein, and within 20 days from service, if personally served with process herein, why the such property should not be disposed of pursuant to Chapter 670, Ordinance Code. Should you fail to file claim as herein directed, judgment of abandonment will be entered against you herein in due course. Persons not personally served with process may obtain a copy of the petition for disposition filed herein from the undersigned Clerk of Court.

WITNESS my hand and seal of the above-mentioned court, at Jacksonville, Florida this ________, 19___.

_____ [Clerk of the court]

(Court Seal)

By _____   (Deputy Clerk)

(ii)

The citation shall be returnable, as to persons served constructively, not less than 30 days from the posting or publication thereof and, as to persons personally served, within 20 days from service thereof.

(iii)

If the value of the abandoned property is shown by the Sheriff's return to have an approximate value of $400 or less, the citation shall be constructively served by posting at three public places in the City, one of which shall be the front door of the Duval County Courthouse. If the value of the abandoned property is shown by the Sheriff's return to have an approximate value of more than $400, the citation shall be published once a week for three consecutive weeks as provided in F.S. Ch. 50. Failure of the record of the proceeding to show proof of such publication shall not affect any judgment made therein unless it shall affirmatively appear that no such publication was made.

(2)

Delivery of property to claimant. A person filing a claim in the action, which claim shall state fully his right, title, claim or interest in and to the abandoned property, may, at any time after the claim is filed with the Clerk of the court, obtain possession of the abandoned property by filing a request therefor with the Sheriff and posting with him a surety bond, to be approved by the Office of General Counsel, payable to the City in the amount of the value of the property as fixed on the Sheriff's return, with a corporate surety duly authorized to transact business in the State as a surety, conditioned upon his paying to the City the costs of the proceedings if an order of dismissal or judgment of abandonment is entered by the court. Upon the posting of the bond with the Sheriff and, if the property was stored by the Sheriff under Section 670.107, upon the release of the property to the applicant, the action shall proceed to final judgment as if no bond had been filed, except that an execution to be issued pursuant to a final judgment of abandonment may run and be enforced against the person posting the bond and his surety.

(3)

Judgment of abandonment. On final hearing the Sheriff's return shall be taken as prima facie evidence that the described property was abandoned property and shall be sufficient predicate for a judgment of abandonment in the absence of other proofs and evidence. Where the abandoned property is encumbered by a lien or retained-title agreement, the court may:

(i)

Return the abandoned property to the lienholder with sufficient assurances that the property will not be allowed to become abandoned property, to the extent that the lienholder can give these assurances.

(ii)

Direct the payment of the lien from the proceeds of a sale of the abandoned property.

Upon the entry of a judgment of abandonment, the court shall determine the disposition to be made of the abandoned property. A sale of the abandoned property shall be at public sale to the highest and best bidder for cash after two weeks' public notice has been given as the court directs. Where the abandoned property has been delivered to a claimant as provided in subsection (b)(2) of this Section, the court shall determine the costs of the proceedings, including storage charges under Section 670.107, and shall enter judgment against the principal and surety of the bond in this amount, for which execution shall issue in the usual manner. Upon the application of a claimant, the court may fix the value of the disposable interest or interests in the abandoned property and permit the claimant to redeem the property upon the payment of a sum equal to the value of the disposable interest or interests, which sum shall be disposed of as would the proceeds of a sale of the property under a judgment of abandonment. Where the abandoned property is of no value or of insufficient value to pay the costs of the proceedings, including storage charges under Section 670.107, the court may impose a lien upon the private property where the abandoned property was found by the Sheriff in the amount of the costs, or so much as remain unsatisfied, and the lien may be foreclosed as other liens upon real property.

(c)

Disposition of proceeds. Moneys received from the sale or other disposition of abandoned property shall be paid into the General Fund—General Services District as miscellaneous receipts.

(Ord. 79-265-103, § 1; Ord. 83-591-400, § 1)

Note— Former § 314.108.

Sec. 670.109. - Abandoned property declared to be public nuisance.

Abandoned property on private property is declared to be a public nuisance and the owner, custodian or occupant of the private property, as well as the owner, custodian, bailee or person entitled to possession of the abandoned property, shall not permit the public nuisance to arise or continue. The General Counsel, at the request of the Sheriff, shall institute a civil action in the County Court or Circuit Court, as the case may be, to:

(a)

Apply for an injunction or restraining order, whether temporary or permanent, to prevent a person from maintaining or continuing to maintain a public nuisance contrary to the provisions of this Section, or from failing or refusing to remove, terminate or abate a public nuisance.

(b)

Enjoin and abate a public nuisance declared by this Section.

(c)

Compel the performance of an act specifically required of a person to remove, terminate or abate a public nuisance.

(d)

Empower the Sheriff or other official or employee of the City, or a private contractor on behalf of the City, to enter upon private property whereon a public nuisance exists or is maintained for the purpose of removing, terminating or abating the nuisance and prevent the person in possession of the private property from interfering with the City's representative while exercising this power in accordance with the court's order.

(e)

Do any of the foregoing separately or in combination, as the court orders.

Both the owner, custodian or occupant of the private property and the owner, custodian, bailee or person entitled to possession of the abandoned property shall be responsible for the removal, termination or abatement of the public nuisance.

(Ord. 79-265-103, § 1; Ord. 83-591-400, § 1)

Note— Former § 314.109.

Sec. 670.110. - Violations.

A person who:

(a)

Commits any of the prohibited acts listed in Section 670.103 or aids in, procures or acquiesces in the commission of any of these prohibited acts; or

(b)

Permits the creation, maintenance or continuation of a public nuisance contrary to Section 670.109;

Shall be guilty of a class C offense.

(Ord. 79-265-103, § 1; Ord. 83-591-400, § 1)

Note— Former § 314.110.

Sec. 670.111. - Certain vessels not subject to this Chapter.

Vessels found on land above the mean high water line are subject to the provisions of this Chapter. Notwithstanding the provisions of this Chapter, the following vessels are excepted from this Chapter:

(a)

Vessels on "the waters of the county", as defined in Section 388.102, up to and including the mean high water mark are subject to the provisions of Chapter 388;

(b)

Derelict Vessels and At-Risk/Public Nuisance Vessels, as both are defined in Section 388.301, are subject to the provisions of Chapter 388, Part 3.

(Ord. 2025-432-E, § 13; )

TITLE XIX - PUBLIC SAFETY Chapter 671 - THE COMMUNITY AUTOMATED EXTERNAL DEFIBRILLATOR PROGRAM FOR DUVAL COUNTY