Sec. 388.504. - Reporting, Notice, and Procedure for Lost or Abandoned Vessels.

(a) Law enforcement officers may investigate violations of this Part. An officer investigating a vessel pursuant to this Part shall make a reasonable effort to ascertain the name and address of the owner and any lien holder. (b) Reporting lost or abandoned vessels. Whenever any person finds any lost or abandoned vessel, such person may report the description and location of the vessel to the Director of the Parks, Recreation & Community Services Department, or designee, or to a law enforcement officer who shall deliver a copy of the report to the Director of the Parks, Recreation & Community Services Department, or designee. The person taking the report shall ascertain whether the person reporting the vessel wishes to make a claim to it if the rightful owner cannot be identified or located. If the person does wish to make such claim, he or she shall deposit with the City a reasonable sum sufficient to cover the cost for transportation, storage, and publication of notice. This sum shall be reimbursed to the finder by the rightful owner should he or she identify and reclaim the property. (c) Required Notice. (1) Whenever a law enforcement officer has reasonable cause to believe that a vessel anchored, moored, or grounded, on the waters of the county, reported as lost or abandoned, is a Derelict Vessel, as described in Section 388.301 , or an At-risk/Public Nuisance Vessel, as described in Section 388.301 , the officer shall proceed under Part 3 of this Chapter. If there is reasonable cause to believe that a vessel reported as lost or abandoned qualifies as an Anchoring Limitation/Public Nuisance Vessel, as described in Section 388.412 , the officer shall proceed under Part 4 of this Chapter. However, any vessel described in Section 388.311 , (a), (b) or (c); Section 388.411 , (a) or (c); or Section 388.411 , may be designated as a Lost or Abandoned Vessel and the subject to Section 388.506 , regardless of the vessel also qualifying as a Derelict Vessel, an At-risk/Public Nuisance Vessel, or an Anchoring Limitation/Public Nuisance Vessel. (2) Whenever a law enforcement officer has reasonable cause to believe that a vessel anchored, moored, or grounded, on the waters of the county, reported as lost or abandoned, is a lost or abandoned vessel, the officer shall cause notice of violation to be served as described in this Section. Notice of violation shall be in writing, shall specify the violation alleged with reference to the relevant ordinance, and shall direct that the vessel be removed from the waters of the county within a reasonable time, not less than five days otherwise a citation may be issued to the owner, operator, or other person legally responsible for the vessel. Notice shall include that a person who has been issued a citation may request a hearing in the County Court to challenge a citation issued. Notice shall include a conspicuous statement that if the owner or other person legally responsible for the vessel has not removed this vessel from the waters of the county within the five days, it will be removed and disposed of pursuant to F.S. Ch. 705, or Chapter 388, Part 5, Ordinance Code. The notice shall also inform that in addition to fines and penalties, the owner, operator, or other person legally responsible for the floating structure may be liable for all costs incurred by the City to abate the violation, as described in Section 388.103 (l), Ordinance Code, which may include costs to relocate, remove, store, destroy or dispose of a vessel; costs to remediate or mitigate damage or threatened damage to the environment caused by the violation; costs to remediate or mitigate litter or debris caused by the violation; and the costs of enforcement of Chapter 388 , Part 5, Ordinance Code. Notice of violation posted upon such vessel, shall be in substantially the following form: NOTICE TO THE OWNER AND ALL PERSONS WITH LEGAL INTEREST IN THE ATTACHED PROPERTY. This property, to wit: (setting forth brief description of vessel) is unlawfully upon public property known as (setting forth brief description of location) in violation of Section 388.503 , Ordinance Code. THIS VESSEL MUST BE REMOVED WITHIN 5 DAYS; OTHERWISE, IT WILL BE REMOVED AND DISPOSED OF PURSUANT TO CHAPTER 705, FLORIDA STATUTES OR CHAPTER 388, PART 5, ORDINANCE CODE, AND A CITATION MAY BE ISSUED. A person to whom a citation is issued may request a hearing in the County Court to challenge the citation. The owner or other person legally responsible for the vessel will be liable for all costs incurred by the City to abate the violation, as described in Section 388.103 (l), Ordinance Code, which may include costs to abate the violation, costs to remediate or mitigate damage or threatened damage to the environment caused by the violation, and the costs of enforcement of Chapter 388 , Part 5, Ordinance Code. Dated this: (setting forth the date of posting of notice), signed: (setting forth name, title, address, and telephone number of law enforcement officer). (3) Whenever a law enforcement officer has reasonable cause to believe that a vessel, reported as lost or abandoned, is a lost or abandoned vessel and is anchored, moored, or affixed to a public dock or public mooring, the officer shall cause notice of violation to be served as described in this Section. Notice of violation shall be in writing, shall specify the violation alleged with reference to the relevant ordinance, and shall direct that the vessel be removed from the waters of the county within a reasonable time, not less than 48 hours otherwise a citation may be issued to the owner, operator, or other person legally responsible for the vessel. Notice shall include that a person who has been issued a citation may request a hearing in the County Court to challenge a citation issued. Notice shall include a conspicuous statement that if the owner or other person legally responsible for the vessel has not removed this vessel from the waters of the county within 48 hours, it will be removed and disposed of pursuant to F.S. Ch. 705, or Chapter 388, Part 5, Ordinance Code. The notice shall also inform that in addition to fines and penalties, the owner, operator, or other person legally responsible for the floating structure may be liable for all costs incurred by the City to abate the violation, as described in Section 388.103 (l), Ordinance Code, which may include costs to relocate, remove, store, destroy or dispose of a vessel; costs to remediate or mitigate damage or threatened damage to the environment caused by the violation; costs to remediate or mitigate litter or debris caused by the violation; and the costs of enforcement of Chapter 388 , Part 5, Ordinance Code. Notice of violation posted upon such vessel, shall be in substantially the following form: NOTICE TO THE OWNER AND ALL PERSONS WITH LEGAL INTEREST IN THE ATTACHED PROPERTY. This property, to wit: (setting forth brief description of vessel) is unlawfully upon public property known as (brief description of location) in violation of Section 388.503 , Ordinance Code. THIS VESSEL MUST BE REMOVED WITHIN 48 HOURS OTHERWISE, IT WILL BE REMOVED AND DISPOSED OF PURSUANT TO CHAPTER 705, FLORIDA STATUTES, OR CHAPTER 388, PART 5, ORDINANCE CODE, AND A CITATION MAY BE ISSUED. A person to whom a citation is issued may request a hearing in the County Court to challenge the citation. The owner or other person legally responsible for the vessel will be liable for all costs incurred by the City to abate the violation, as described in Section 388.103 (l), Ordinance Code, which may include costs to abate the violation, costs to remediate or mitigate damage or threatened damage to the environment caused by the violation, and the costs of enforcement of Chapter 388 , Part 5, Ordinance Code. Dated this: (setting forth the date of posting of notice), signed: (setting forth name, title, address, and telephone number of law enforcement officer). (d) Notice required to be posted to a vessel shall not be less than eight inches by ten inches and shall be sufficiently weatherproof to withstand normal exposure to the elements. (e) On the date of posting notice to a vessel, or as soon thereafter as is practical, the officer shall also serve a copy of such notice as follows, (1) If the name and address of the owner is known to the officer or ascertained by reasonable effort, by: a. Certified mail, return receipt requested, to the last address listed in vessel registration record for the state of registration; if the vessel is not registered, by certified mail, return receipt requested, to the address listed in the tax collector's office for tax notices or to the address listed in the County property appraiser's database. If the vessel is owned by a corporation, notices may be provided by certified mail to the registered agent of the corporation. If notice sent by certified mail is not signed as received within 14 days after the postmarked date of mailing, notice may be provided by posting as described in subparagraph (3); b. Hand delivery by the sheriff or other law enforcement officer, or code enforcement officer; c. Certified mail, return receipt requested, to the person's usual place of residence, if known; or leaving the notice at the person's usual place of residence with any person residing therein who is above 15 years of age and informing such person of the contents of the notice; or, d. In the case of commercial premises, leaving the notice with the manager or other person in charge. (2) If the owner, operator, or other person legally responsible for the vessel is not known or cannot be ascertained upon reasonable effort such notice shall also be posted in the following two locations for a period of at least 21 days: a. Posted at the primary municipal government office in the jurisdiction of the location of the vessel; and, b. By publication in print in a newspaper or on a publicly accessible website, as provided in F.S. § 50.0311, for three consecutive weeks. If published in print, the notice shall be published once during each week for three consecutive weeks (three publications being sufficient) in a newspaper in the county, such newspaper shall meet such requirements as are prescribed under F.S. Ch. 50 for legal and official advertisements. (3) If the owner, operator, or other person legally responsible for the vessel is known or ascertained by reasonable effort, in addition to providing notice or attempting notice as set forth in subsection (1), notice may be served by posting as described in this subsection. (f) A copy of the notice shall be sent to the lien holder, if any, by certified mail, return receipt requested, on the same day as posting, mailing or publishing, or as soon as practicable thereafter. Failure in notice to the lien holder, if any, does not invalidate an otherwise validly issued citation. (g) Proof of posting or publishing shall be by affidavit of the person posting or publishing the notice, which affidavit shall include a copy of the notice, posted or published, and the dates and locations of posting or publishing. (h) Evidence of posting as provided in subsection (c), together with proof of posting and publishing as provided in subsection (e)(2), and if the owner, operator, or other person legally responsible for the vessel is known or ascertained by reasonable effort, proof that an attempt has been made to hand deliver or mail notice as provided in subsection (e)(1), shall be sufficient to show that the notice requirements of this Part have been met, without regard to whether or not the alleged violator actually received such notice. (Ord. 2025-432-E , § 7)