§ 9-117. Notice and abatement.

(a)

Upon notice from an enforcement officer of the city, the owners of property upon which there are accumulations of debris, trash, junk, garbage or abandoned property shall remove the same within the time allotted by such notice. Upon failure of the owner to do so, the enforcement officer may cause the same to be removed and the cost of such removal shall be charged to the owner. Such charge until paid shall be a lien upon the property when notice thereof is recorded on the public records of Citrus County.

(b)

Abandoned articles on public property.

(1)

Whenever an enforcement officer of the city shall ascertain that an article or articles of abandoned property are present on public property within the limits of the city, the officer may, in addition to any other code enforcement action authorized in this code, cause a notice to be placed on such article(s) 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) is unlawfully upon public property known as (setting forth brief description of location) and must be removed within ten (10) days from date of this notice, otherwise it shall be presumed to be abandoned property and will be removed and disposed of by order of the City of Crystal River. If you wish to appeal this notice, you must do so in writing at the office of the city manager, 123 N.W. Hwy. 19, Crystal River, FL, within ten (10) days of the date of this notice. Dated this: (setting forth the date of posting of notice). Signed: (setting forth name, title, address and telephone number of enforcement officer).

(2)

Such notice shall be not less than eight (8) inches by ten (10) inches and shall be sufficiently weatherproof to withstand normal exposure to the elements. In addition to posting, the enforcement officer shall make reasonable effort to ascertain the name and address of the owner and if such is reasonably available to the enforcement officer, the officer shall mail a copy of such notice to the owner on or before the date of posting.

(3)

If at the end of ten (10) days after posting such notice the owner or any person interested in the abandoned article or articles described in such notice, has not removed the article or articles from public property and has not filed a timely appeal of the notice requiring such removal to the city manager, the enforcement officer may cause the article or articles of abandoned property to be removed and disposed of and the salvage value, if any, of such article or articles shall be retained by the city to be applied against the cost of removal and disposal thereof. If an appeal to the city manager is timely filed and denied, the appellant shall have ten (10) days after the denial of the appeal in which to comply with the notice before the article or articles are removed and disposed of by the city.

(c)

Abandoned articles on private property.

(1)

Whenever an enforcement officer of the city shall ascertain that an article or articles of abandoned property are present on private property within the limits of the city in violation of any zoning ordinance or regulation, anti-litter ordinance or other similar ordinance or regulation of the city, the enforcement officer, in addition to any other code enforcement action authorized in this Code, may cause a notice to be placed upon such article(s) 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 (10) days from date of this notice. Otherwise, it shall be presumed to be abandoned property and will be removed and destroyed by order of the City of Crystal River. If you wish to appeal this notice, you must do so in writing at the office of the city manager, 123 N.W. Hwy. 19, Crystal River, FL, within ten (10) days of the date of this notice. Dated this: (setting forth date of posting of notice). Signed: (setting forth name, title, address and telephone number of enforcement officer).

(2)

Such notice shall not be less than eight (8) inches by ten (10) inches and shall be sufficiently weatherproof to withstand normal exposure to the elements for a period of ten (10) days. In addition to posting, the enforcement officer shall mail a copy of the notice to the owner of the real property upon which the abandoned article or articles are located as shown by the real estate tax records used by the county on or before the date of posting such notice.

(3)

If at the end of ten (10) days after posting such notice, the owner or any person interested in the abandoned article or articles in such notice, has not removed the article or articles and complied with the ordinance or regulation cited in the notice, and has not filed a timely appeal of the notice requiring such removal to the city manager, the enforcement officer may cause the article or articles of abandoned property to be removed and disposed of and the salvage value, if any, of such article or articles shall be retained by the city to be applied against the cost of removal thereof. The cost of such removal, less salvage value, shall be charged to the owner of the property upon which the article or articles were located. Such charge until paid shall be a lien upon the property when notice thereof is recorded on the public records of Citrus County. If an appeal to the city manager is timely filed and denied, the appellant shall have ten (10) days after the denial of the appeal in which to comply with the notice before the article or articles are removed and disposed of by the city.

(d)

Appeals to city manager. Appeals to the city manager filed pursuant to this section shall specify the grounds for the appeal and any reasons why the appellant believes the article or articles to which the notice was attached is not abandoned and is lawfully upon the property on which it is located. The written appeal shall identify the appellant, the appellant's mailing and residence addresses, and day and night telephone numbers where the appellant may be reached. The city manager shall notify the appellant of a hearing day and time by personal service or by regular first class mail to the mailing and residence addresses provided by the appellant. Within five (5) days after the hearing, the city manager shall provide a copy of a written decision upholding or rescinding the appealed notice by personal service or by regular first class mail to the mailing and residence addresses provided by the appellant.

(Ord. No. 94-0-13, § 2, 4-25-94; Ord. No. 03-0-22, § 1, 9-22-2003)