Removal from private property

(a)

It shall be unlawful to park, place, store or leave any abandoned property on private property in the city, unless it is in connection with a purpose or business enterprise lawfully situated and licensed; any article of abandoned property parked and/or stored in connection with a legitimate business enterprise shall be parked and/or stored in complete compliance with the city's zoning ordinance.

(b)

Whenever the code inspector, as defined in section 2-811, shall ascertain that an article or articles of abandoned property are present on private property within the limits of the city in violation of the zoning ordinance or regulation, the antilitter ordinance or regulation, or other similar ordinance or regulation of the city, the enforcement officer 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) located at (setting forth brief description of location) is improperly stored and is in violation of (setting forth ordinance or regulation violated) and must be removed within ten days or, if the property is a boat, 30 days from date of this notice; otherwise it shall be presumed to be abandoned property and will be removed and destroyed by order of ___________ (enforcement officer) unless a request for hearing as provided in Code of the City of Miami section 22-93 is filed by owner with the enforcement officer within the specified timeframe for removal of the property as set forth herein, thereby staying the enforcement officer's action pending the outcome of the hearing. If no hearing is requested the property will be removed and destroyed. 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 date of posting of notice). Signed: (setting forth name, title, address and telephone number of enforcement officer).

(c)

Such notice shall not be less than eight inches by ten inches and shall be sufficiently weatherproof to withstand normal exposure to the elements for a period of ten days. In addition to posting the notice, and on or before the date of posting, the enforcement officer shall make a reasonable effort to ascertain the name and address of the owner. If such is reasonably available to the officer, he/she shall mail a copy of such notice to the owner on or before the date of posting. If the property is a motor vehicle as defined in F.S. § 320.01(1) or a vessel as defined in F.S. § 327.02(27), the law enforcement agency shall contact the state department of highway safety and motor vehicles or the state department of environmental protection, respectively, in order to determine the name and address of the owner and any person who has filed a lien on the vehicle or vessel as provided in F.S. § 319.27(2) or (3) or F.S. § 328.15(1). On receipt of this information, the enforcement agency shall mail a copy of the notice by certified mail, return receipt requested, to the owner and to the lienholder, if any.

(d)

If, at the end of ten days or if the property is a boat, at the end of 30 days after posting such notice, the owner or any person interested in the abandoned article described in such notice has not removed the article and has not requested a hearing in compliance with the ordinance or regulation cited in the notice, the enforcement officer may cause the article of abandoned property to be removed and destroyed. The salvage value, if any, of such article shall be retained by the city to be applied against the cost of removal and destruction thereof, unless the costs of removal and destruction are paid by the owner as provided in section 22-147 hereof, in which case the salvage value may be deposited in the city's general fund.

(Ord. No. 10128, § 1, 7-10-86; Code 1980, § 22-40; Ord. No. 13676, § 2, 4-27-17)