§ 16-83. Outdoor storage on public property.

(a)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them, except where the context clearly indicates a different meaning:

(1)

Occupant means the owner of, or any person in actual or apparent control of any item of personal property stored upon public property.

(2)

Officer means sworn law enforcement officer or code inspector as defined in code section 11-2.

(3)

Public property means any street, alley, sidewalk, pedestrian pathway, swale, bicycle lane, sidewalk, median, or any other area encompassed within the public right-of-way in the City of Fort Lauderdale, Florida, any park, or other outdoor recreation facility in the City of Fort Lauderdale, Florida, or any other grounds, buildings, or other facilities, including any structures, fixtures, equipment, furnishings and any other appurtenances located thereon, owned or leased by the City of Fort Lauderdale.

(4)

Reasonable charges means actual costs and that the city shall take into consideration the owner's ability to pay the charges.

(5)

Store means any action to place, leave, park, locate, or set an item upon the public property at a distance in excess of twenty (20) feet from the occupant.

(b)

Prohibition. It shall be unlawful for any person to store any item of personal property on any public property.

(c)

Process for removal of unlawfully stored property.

(1)

The city may remove or cause the removal of personal property stored on public property in violation of this section if an occupant fails to remove such personal property from any public property within twenty-four (24) hours after being served with written notice, as described in subsection (d) of this section.

(2)

In the event an officer determines personal property stored on public property is a threat to the health, safety, or welfare of the public, an officer may immediately remove such personal property. A threat to the health, safety, or welfare of the public shall include, but not be limited to, a fire hazard, an explosive hazard, noxious odors, or an infestation of vermin, including rodents, lice, roaches or fleas. If personal property is removed pursuant to this subsection and without prior notice, a written notice shall be posted at the location where the personal property was removed which identifies the determined threat to the health, safety, or welfare of the public and the location to which the personal property has been taken.

(3)

Personal notice shall not be required for the removal of personal property stored on public property in violation of this section upon which a sign indicating that unattended items may be removed immediately. Such items may be removed immediately. Such written notice may only be posted on public property under the following conditions:

a.

In the interest of security and safety, temporary signs warning of immediate removal of items from public property may be posted on public property at least thirty-six (36) hours in advance of special events as described in Chapter 15, Article V of this Code, including, but not limited to, parades and festivals which are likely to draw large crowds to the City.

b.

In the interest of security and safety, permanent signs warning of the immediate removal of items from public property may be posted around public buildings which are likely targets for the placement of explosive devices or other security risks related to terrorists or dissidents.

c.

In the event the city determines the need for an area-wide cleanup, the city shall post written notice of the clean-up in the area to be cleaned at least thirty-six (36) hours in advance of the cleaning. Any items left when the clean-up commences may be immediately removed and stored according to the procedures set forth in this section.

(4)

The city may dispose of the items thirty (30) days after removal from the public property or after seven (7) days if the items are deemed to be a threat to the health, safety, or welfare of the public pursuant to this subsection. If the owner of the items wishes to retrieve the items, adequate proof of ownership and payment to the City of reasonable charges for storage and removal of the items are required. If the owner demonstrates he or she does not have the ability to pay the reasonable charges, such charges will not be required to retrieve the items.

(d)

Notice.

(1)

The written notice required by subsection (c)(1) shall be deemed to have been served if:

a.

A copy is personally delivered to the occupant or identified owner of the item; or

b.

A copy is left at the party's usual place of abode with some person of the family above fifteen (15) years of age and informing such person of the contents thereof; or

c.

A copy is mailed by either registered or certified United States mail with return receipt requested; or

d.

If the name of such party or the place of residence or post office address cannot be ascertained after diligent search and inquiry or in the event a notice sent by either registered or certified mail shall be returned undelivered, a copy of such notice is shall be posted in a conspicuous place on the property upon which the items described in this section are or were located; or

e.

A copy is attached to the unlawfully stored items.

(2)

The notice required by subsection (c)(1) shall contain the following:

a.

A complete description of the item to be removed (such description may refer to an attached photograph);

b.

The location of the property;

c.

The section of the Code in violation;

d.

The location to which the item will be removed;

e.

The date and time by which the item must be removed from the private or public property; and

f.

The date by which the item must be claimed from the location where they are being stored.

(e)

Abandoned and lost property is regulated and may be removed pursuant to F.S. § 705.101, et seq.

( Ord. No. C-14-23, § 1, 5-6-14 ; Ord. No. C-14-35, § 1, 9-3-14 )