§ 20-132. Nuisance; notice to remove.

(a)

The accumulation and storage of one or more of such motor vehicles as defined in section 20-130 on public or private property shall constitute a nuisance, and shall be deemed detrimental to the health, safety and welfare of the inhabitants of the city.

(b)

When any abandoned, junked, or discarded motor vehicle is found to be accumulated, stored or deposited in violation of section 20-131, it shall be the duty of either the county sheriff, or his authorized deputies, or the city code enforcement manager, or his authorized designees, to post or cause to be posted thereon a notice containing, among other information and wording:

(1)

Public notice to whom it may concern.

(2)

Date of posting.

(3)

Name of owner of the motor vehicle if same can be determined through diligent search and inquiry.

(4)

That the motor vehicle is believed to be abandoned, junked or discarded in violation of this article. If it is not removed and lawfully stored within ten days from the date of posting of this notice, such motor vehicle may be towed, removed and lawfully stored, and shall not be returned to the owner or lessee until all costs of removal and storage shall have been paid and arrangements have been made to repair the motor vehicle or to dispose of same. In addition, a warrant of arrest or notice to appear may be issued by the county sheriff, or his authorized deputies, against the person, firm, or corporation, either as owner, occupant, lessee, agent, tenant, or otherwise, who has accumulated, stored or deposited or caused or permitted to be accumulated, stored or deposited such abandoned, junked or discarded motor vehicle upon any public or private property within the limits of the city. Failure or refusal to comply with the provisions of this article shall, upon conviction, subject the offender to a fine of up to $500.00 and/or 60 days in jail. The code enforcement manager, or his designees, may, alternatively, and in addition to such towing and removal of the motor vehicle, issue a notice of violation to the offender and shall bring such violation before the code enforcement hearing examiner, in accordance with all of the provisions of, and pursuant to, the enforcement procedures established under City Ordinance No. 03-10. Each day that such condition continues to exist shall be regarded as a new and separate offense, and shall be punishable as such.

(5)

That a public hearing, prior to the removal of the vehicles, or parts thereof, as a public nuisance, is to be held before the zoning board, when such a hearing is requested by either the owners of the vehicles, or parts thereof, which are believed to be abandoned, junked or discarded in violation of this article, or by the owners of the real property upon which such vehicles, or parts thereof, are located, or which are adjacent to the public right-of-way on which such vehicles, or parts thereof, are located. A request for a public hearing must be made in writing, shall state the reasons for which relief from this article is sought, and shall be addressed to and actually received by the City Clerk, Bonita Springs City Hall, 9101 Bonita Springs Road, Bonita Springs, Florida 34135, within ten days from the date of posting of this notice. If a request for a public hearing is not timely made and received, such right to a public hearing shall be deemed waived.

(6)

The form of such notice shall be substantially as follows:

PUBLIC NOTICE

TO WHOM IT MAY CONCERN

Removal No.: _____ Date: ________

This motor vehicle is believed to be abandoned, junked or discarded in violation of City of Bonita Springs Ordinance No. 06-01, Section Three et seq. If it is not removed and lawfully stored within ten (10) days from the date of posting of this Notice, such motor vehicle may be towed, removed and lawfully stored, and shall not be returned to the owner or lessee until all costs of removal and storage shall have been paid and arrangements have been made to repair the motor vehicle or to dispose of same. In addition, a warrant of arrest may be issued by the Lee County Sheriff, or his authorized deputies, against the person, firm, or corporation, either as owner, occupant, lessee, agent, tenant, or otherwise, who has accumulated, stored or deposited, or caused or permitted to be accumulated, stored or deposited said abandoned, junked or discarded motor vehicle upon any public or private property within the limits of the City of Bonita Springs, Florida. Failure or refusal to comply with the provisions of Section Three et seq. of this Ordinance shall, upon conviction, subject the offender to a fine of up to five hundred dollars ($500.00) and/or sixty (60) days in jail. The City of Bonita Springs Code Enforcement Manager, or his designees, may, alternatively, and in addition, to such towing and removal of the motor vehicle, issue a notice of violation to the offender and shall bring such violation before the City of Bonita Springs Code Enforcement Hearing Examiner, in accordance with all of the provisions of, and pursuant to, the enforcement procedures established under City of Bonita Springs Ordinance No. 03-10. Each day that such condition continues to exist shall be regarded as a new and separate offense, and shall be punishable as such.

If you wish to dispute the foregoing, you have the right to request a public hearing before the City of Bonita Springs Zoning Board, prior to the removal of the vehicle, or part thereof, as a public nuisance. A request for a public hearing must be made in writing, shall state the reasons for which you are seeking relief from this Ordinance, and shall be addressed to and actually received by the City Clerk, Bonita Springs City Hall, 9101 Bonita Springs Road, Bonita Springs, Florida 34135, within ten (10) days from the date of posting of this Notice. If a request for a public hearing is not timely made and received, such right to a public hearing shall be deemed waived.

Date of Posting: ________ Posted By: ________

License & Year of Motor Vehicle: ___________

VIN#: ___________

Make of Motor Vehicle: ___________

Year: _____ Model: _____ Color: _____

Condition of Motor Vehicle: ___________

Location of Motor Vehicle: ___________

Public Property ( )    Private Property ( )

REMOVAL DATE: ___________

Lee County Sheriff or City of Bonita Springs Code Enforcement

(Ord. No. 06-01, § 4, 2-15-2006)

State law reference

Lost or abandoned property which does not have an identifiable owner, F.S. §§ 705.101—705.17.