§ 27-6. Notice to remove from private property; failure to obey.  


Latest version.
  • A.

    Whenever an enforcement officer ascertains that an abandoned or non-operating vehicle is present on private property he shall cause a notice of sufficient size and weatherproofing to be placed conspicuously upon the vehicle. In addition to the posting, he shall make a reasonable effort to ascertain the name and address of the owner and lien bolder, if applicable, of the vehicle, and upon such discovery he shall mail on the date of posting a copy of the notice to the owner of the vehicle. In addition, a copy of the notice shall be sent to the owner of the private property as shown by the real estate tax records maintained by the Union County Property Appraiser upon whose property the vehicle is located.

    B.

    Notice shall be substantially in the following:

    "NOTICE TO THE OWNER OF THE ATTACHED VEHICLE: CITY OF LAKE BUTLER ORDINANCE NO. 17-03 DEFINES THIS PROPERTY (setting forth a brief description) AS A VEHICLE UNLAWFULLY PRESENT UPON PRIVATE PROPERTY KNOWN AS (setting forth a brief description), AND MUST BE REMOVED WITHIN FIFTEEN (15) DAYS FROM THE DATE AND TIME OF THIS NOTICE. FAILURE TO COMPLY WILL RESULT IN THE REMOVAL OF THE MOTOR VEHICLE WITH TOWING AND STORAGE CHARGES ASSESSED AGAINST THE VEHICLE OWNER AND IT WILL BE PRESUMED THAT THE VEHICLE IS ABANDONED PROPERTY WHICH WILL BE REMOVED AND DESTROYED OR SOLD AT THE EXPENSE OF THE VEHICLE OWNER BY ORDER OF THE CITY OF LAKE BUTLER, ORDINANCE NO. 17-03. DATED THIS (setting for the date of the notice posting). SIGNED: (setting forth name, title, address and telephone of the enforcement officer). THE NATURE OF THE VIOLATION IS ____________ AND THE VEHICLE, IF REMOVED, MAY BE RETURNED TO THE OWNER UPON PAYMENT OF ALL FEES FOR THE REMOVAL OR STORAGE TO THE VENDOR OR CITY OF LAKE BUTLER.

    C.

    If, prior to the removal of the vehicle the owner or lien holder of the vehicle believes such notice has been placed upon the vehicle in error, or that such vehicle is not in violation of this chapter, an appeal in writing may be submitted to the mayor, city manager, code enforcement officer, or other official posting the notice. The period for towing shall be stayed and the matter forwarded to the board of adjustment. There shall be no fee required of a person tiling an appeal under this chapter for review unless the vehicle presents an issue of public safety, in which case the towing of such vehicle shall commence as set forward herein. Such appeal must be filed within 15 calendar days of the notice. The mayor or city manager shall be empowered to rescind the notice provided for in section B above.

(Ord. No. 17-03, § 6, 10-17-2017)