§ 28-79. Enforcement; abatement of visual nuisance.

(a)

Whenever an enforcement officer ascertains that a motor vehicle is parked on residentially zoned or agriculturally zoned property, excluding streets or rights-of-way in such zoned areas, in violation of section 28-75, he shall post a notice of violation upon the motor vehicle which reads in substantially the following form:

Notice to the Owner and All Persons Interested in the Attached Motor Vehicle:

This motor vehicle, (setting forth brief description of motor vehicle), located at (setting forth brief description of location), is parked in violation of the Orange County Ordinance Governing the Parking of Motor Vehicles on Residentially Zoned and Agriculturally Zoned Property, specifically, Section(s) (setting forth Section number(s) which is/are being violated).

If the owner or any other interested person does not agree that the motor vehicle is parked in violation of the ordinance, he may submit a written notice of objection with the undersigned enforcement officer no later than ten (10) days from the date of the posting of this notice. Thereafter, the enforcement officer shall schedule a hearing date with the Orange County Code Enforcement Board. Subsequently, the owner or other interested person shall be notified in writing of the date of the hearing to be held before the Code Enforcement Board. Unless specified otherwise under this ordinance, the hearing shall be conducted pursuant to the procedures of chapter 11 of the Orange County Code and F.S. ch. 162.

If the owner or other interested person does not submit a written notice of objection within ten (10) days from the date of the posting of this notice, or the owner or other interested person does, but the Code Enforcement Board thereafter makes a factual determination that the motor vehicle is parked in violation of the ordinance, the owner or other interested person shall have five (5) additional days in which to remove the motor vehicle from the property. If the motor vehicle is not removed by the end of that period, the enforcement officer shall cause the motor vehicle to be removed and destroyed.

Dated:	(setting forth date of posting of notice)
Signed:	(setting forth name, title, address, and telephone number of enforcement officer)

 

(b)

Such notice of violation shall not be less than eight (8) inches by eleven (11) inches and shall be sufficiently weatherproof to withstand normal exposure to the elements for a period of at least ten (10) days.

(c)

In addition to posting the notice of violation on the motor vehicle and retaining a copy thereof, the enforcement officer shall, on or before the date of such posting, mail a copy of the notice to the address of the owner of the real property upon which the motor vehicle is located, as shown by the real estate tax records used by the county, and shall make a reasonable effort to ascertain the name and address of the owner of the motor vehicle and, if such effort is successful, shall mail a copy of the notice to such owner.

(d)

If the owner or any other interested person submits a written notice of objection with the enforcement officer within ten (10) days from the date of the posting of the notice of violation, the enforcement officer shall arrange for the matter to be scheduled for a hearing before the county code enforcement board. Subsequently, the code enforcement board shall notify the owner or other interested person of the date of the scheduled hearing pursuant to chapter 11 of this Code and F.S. ch. 162. At the hearing, which shall be governed by the procedures of chapter 11 of this Code and F.S. 162 unless specified otherwise under this article, the code enforcement board shall allow the enforcement officer and the owner or any other interested persons an opportunity to present evidence and to examine and cross-examine witnesses. After considering the evidence and testimony, the code enforcement board shall make a factual determination as to whether the motor vehicle is parked in violation of section 28-75 or 28-76. If the code enforcement board makes a factual determination that a motor vehicle is parked in violation of this article, it shall automatically conclude that, pursuant to the pertinent mandatory language of subsection (e), the enforcement officer is required to remove and destroy the motor vehicle if the motor vehicle has not been removed by the owner or any other interested person within five (5) days after the date of its factual determination that the motor vehicle is parked in violation of this article.

(e)

If the owner or any other person interested in the motor vehicle described in the notice of violation has not submitted a written notice of objection within ten (10) days from the date of the posting of the notice of violation and has not removed the motor vehicle from the property within fifteen (15) days after the date of the posting of such notice, or if the owner or any other person interested in the motor vehicle has not removed the motor vehicle from the property within five (5) days after the date of the code enforcement board's factual determination that the motor vehicle is parked in violation of this article, the enforcement officer shall cause the motor vehicle to removed and destroyed.

(Code 1965, § 22-62; Ord. No. 86-7, § 12, 4-14-86; Ord. No. 2002-19, § 1, 12-3-02)