Sec. 388.306. - Notice of violation; Form and service of notice.
(a) Notice of violation shall be in writing and shall specify the violation alleged, with reference to the relevant ordinance.
(1) If the vessel has been removed or relocated pursuant to Section 388.305(a), notice shall include the location where the vessel is being held, the reason for removal or relocation, and how to reclaim the vessel, including that the owner or other interested party with legal standing on the disposition of the vessel must make a claim to the vessel within 21 days of notice of removal or relocation and must pay the costs for removal, relocation and storage, within 30 days of the attempt to reclaim the vessel. If the vessel has not been removed or relocated, notice shall direct that the vessel be removed from the waters of the county within a reasonable time, not less than 21 days, otherwise a citation may be issued.
(2) Notice shall advise that the owner, operator, or other person legally responsible for the vessel may be subject of a citation for violation of this Part and that a person issued such citation may request a hearing in the County Court to challenge a citation. The notice shall inform the owner, operator or other person legally responsible for the vessel, that in addition to any penalties under law, the City may recover from the owner, operator or other person legally responsible for the vessel for all costs incurred by the City to abate the violation, as described in Section 388.103(l), which may include costs to relocate, remove, store, destroy or dispose of a vessel; costs to remediate or mitigate damage or threatened damage to the environment caused by the violation; costs to remediate or mitigate litter or debris caused by the violation; and the costs of enforcement of this Part.
(3) As to a Derelict Vessel or At-risk/Public Nuisance Vessel, in addition to subsections (1) and (2), the notice shall also include that the owner or other interested party with legal standing on the disposition of the vessel has 30 days to request an administrative hearing regarding the determination that the vessel is a Derelict Vessel or an At-risk/Public Nuisance Vessel in accordance with Section 388.310, and that failure to request such hearing shall be deemed a waiver of the right to such administrative hearing.
(4) As to a vessel that is at risk of becoming derelict, as described in Section 388.303(b), in addition to subsections (1) and (2), the notice shall also include a description of the specific issue with the vessel that denotes it is at risk of becoming derelict, as described in Section 388.301, and that the condition must be corrected or the vessel removed from the waters of the county within ten days or a citation may be issued and that a person issued such citation may request a hearing in the County court to challenge a citation. Subsection (b) notwithstanding, if the at-risk condition is or includes that the vessel does not have an effective means of propulsion for safe navigation, prior to a citation being issued a notice of the lack of effective means of propulsion must be made from an officer to the owner or operator of the vessel notifying the owner or operator that the vessel owner or operator has 48 hours to provide a receipt, proof of purchase, or other documentation of having ordered necessary parts for vessel repair. The notice of the effective means of propulsion shall inform that the evaluation procedures promulgated as Rule 68D-15.002, F.A.C. (Effective Means of Propulsion for Save Navigation) by the Florida Fish and Wildlife Conservation Commission shall be the measure employed to verify if the vessel has an effective means of propulsion.
(b) Notice required by this Part shall be provided as follows:
(1) If the vessel has not been removed or relocated pursuant to Section 388.305(a), notice shall be posted upon the vessel for at least 21 days in substantially the following form:
a. For a vessel in violation of Section 388.304, but not a Derelict Vessel or At-risk/Public Nuisance Vessel:
NOTICE TO THE OWNER AND ALL PERSONS WITH LEGAL INTEREST IN THE ATTACHED PROPERTY. This vessel, to wit: (make, model, registration numbers, if available, HIN, if available) is anchored, moored or grounded [choose: short description of nature of violation: in a manner which unreasonably or unnecessarily constitutes a navigational hazard or interference with another vessel, that hinders access to a public right-of-way or to public utilities, or creates an imminent danger to public safety or to the environment; under a bridge, bridge approaches, bridge fenders, or piles driven or placed for the protection of bridges or their approaches or in the area between the bank or shore owned by a public authority and the bridge fender system; to a marker or other aid to navigation; to a floating structure] in violation of Sec 388.304, Ordinance Code, and is unlawfully on the waters of the county (setting forth brief description of location). THIS VESSEL MUST BE REMOVED FROM THE WATERS OF THE COUNTY WITHIN 5 DAYS OF THE POSTING OF THIS NOTICE OTHERWISE A CITATION MAY BE ISSUED. A person to whom a citation is issued may request a hearing in the County court to challenge the citation.
IF THE OWNER OR OTHER PERSON LEGALLY RESPONSIBLE FOR THIS VESSEL HAS NOT REMOVED THIS VESSEL FROM THE WATERS OF THE COUNTY OR SHOWN REASONABLE CAUSE FOR FAILURE TO DO SO WITHIN 21 DAYS OF THE DATE OF THIS NOTICE THIS VESSEL WILL BE REMOVED AND DISPOSED OF AS LOST OR ABANDONED PROPERTY, PURSUANT TO CHAPTER 705, FLORIDA STATUTES, OR SECTION 388.506, ORDINANCE CODE. The City may recover from the owner or other person legally responsible for the vessel for all costs incurred by the City to abate the violation, as described in Section 388.103(l), Ordinance Code, which may include costs to relocate, remove, store, destroy or dispose of a vessel; costs to remediate or mitigate damage or threatened damage to the environment caused by the violation; costs to remediate or mitigate litter or debris caused by the violation; and the costs of enforcement of Chapter 388, Part 3, Ordinance Code.
Dated this: (setting forth the date of posting of notice), signed: (setting forth name, title, address, and telephone number of the law enforcement officer).
b. For a Derelict Vessel or At-Risk/Public Nuisance Vessel,
NOTICE TO THE OWNER AND ALL PERSONS WITH LEGAL INTEREST IN THE ATTACHED PROPERTY. This vessel, to wit: (make, model, registration numbers, if available, HIN, if available) has been determined to be [choose: a Derelict Vessel OR an At-risk/Public Nuisance Vessel] as described in Chapter 388, Part 3, Ordinance Code, and is unlawfully on the waters of this county (setting forth brief description of location), in violation of Section 388.303, Ordinance Code. THIS VESSEL MUST BE REMOVED WITHIN 21 DAYS OTHERWISE IT WILL BE REMOVED AND DISPOSED OF PURSUANT TO CHAPTER 705, FLORIDA STATUTES, OR PURSUANT TO SECTION 388.311, ORDINANCE CODE, AND A CITATION MAY BE ISSUED. The owner or other party with legal standing on the disposition of the vessel has 30 days to request an administrative hearing to challenge the determination that this vessel is [choose: a Derelict Vessel or an At-risk/Public Nuisance Vessel] or otherwise in violation of the law, as described in Section 388.310, Ordinance Code. Contact (contact information for person who can arrange for a hearing in accordance with this Section). A person to whom a citation is issued may request a hearing in the County Court to challenge the citation. The City may recover from the owner or other person legally responsible for the vessel for all costs incurred by the City to abate the violation, as described in Section 388.103(l), Ordinance Code, which may include costs to relocate, remove, store, destroy or dispose of a vessel; costs to remediate or mitigate damage or threatened damage to the environment caused by the violation; costs to remediate or mitigate litter or debris caused by the violation; and the costs of enforcement of Chapter 388, Part 3, Ordinance Code.
Dated this: (setting forth the date of posting of notice), signed: (setting forth name, title, address, and telephone number of the law enforcement officer).
c. For a vessel at risk of becoming derelict,
NOTICE TO THE OWNER AND ALL PERSONS WITH LEGAL INTEREST IN THE ATTACHED PROPERTY. This vessel, to wit: (make, model, registration numbers, if available, HIN, if available) has been determined to be at risk of becoming derelict as described in Chapter 388, Part 3, Ordinance Code, and is unlawfully on the waters of this county (setting forth brief description of location) in violation of Section 388.303, Ordinance Code. Specifically, this vessel is deemed at risk of becoming derelict due to the following condition(s): [include any that apply:
The vessel is taking on or has taken on water without an effective means to dewater; Spaces on the vessel which are designed to be enclosed are incapable of being sealed off or remain open to the elements for extended periods of time; The vessel has broken loose or is in danger of breaking loose from its anchor or mooring; The vessel is listing due to water intrusion; That on (date, at least 48 hours prior) notice by (method of notice described in subsection (a)(4)) this vessel does not have an effective means of propulsion for safe navigation within 48 hours after the vessel owner or operator received notice of the specific condition; The vessel is tied to an unlawful or unpermitted structure or mooring.] THE CONDITION MUST BE CORRECTED WITHIN 10 DAYS OR A CITATION MAY BE ISSUED. A person to whom a citation is issued may request a hearing in the County Court to challenge the citation.
Further, IF THE CONDITION IS NOT CORRECTED OR IF THE VESSEL IS NOT REMOVED FROM THE WATERS OF THE COUNTY WITHIN 30 DAYS THIS VESSEL WILL BE REMOVED AND DISPOSED OF PURSUANT TO CHAPTER 705, FLORIDA STATUTES, OR PURSUANT TO SECTION 388.311, ORDINANCE CODE. The City may recover from the owner or other person legally responsible for the vessel for all costs incurred by the City to abate the violation, as described in Section 388.103(l), Ordinance Code, which may include costs to relocate, remove, store, destroy or dispose of a vessel; costs to remediate or mitigate damage or threatened damage to the environment caused by the violation; costs to remediate or mitigate litter or debris caused by the violation; and the costs of enforcement of Chapter 388, Part 3, Ordinance Code.
Dated this: (setting forth the date of posting of notice), signed: (setting forth name, title, address, and telephone number of the law enforcement officer).
Notice posted on the vessel shall not be less than eight inches by ten inches and shall be sufficiently weatherproof to withstand normal exposure to the elements.
(2) If the owner, operator, or other person legally responsible for the vessel is known or ascertained by reasonable effort, notice shall also be provided to such person on the date of posting to the vessel as described in subsection (1), or as soon thereafter as is practical, as follows:
a. Certified mail, return receipt requested, to the last address listed in vessel registration record for the state of registration; if the vessel is not registered, by certified mail, return receipt requested, to the address listed in the tax collector's office for tax notices or to the address listed in the County property appraiser's database. If the vessel is owned by a corporation, notices may be provided by certified mail to the registered agent of the corporation. If notice sent by certified mail is not signed as received within 30 days after the postmarked date of mailing, notice may be provided by posting as described in subparagraph 3;
b. Hand delivery by the sheriff or other law enforcement officer, or code enforcement officer;
c. Certified mail, return receipt requested, to the person's usual place of residence, if known; or leaving the notice at the person's usual place of residence with any person residing therein who is above 15 years of age and informing such person of the contents of the notice; or,
d. In the case of commercial premises, leaving the notice with the manager or other person in charge.
(3) If the owner, operator, or other person legally responsible for the vessel is not known or cannot be ascertained upon reasonable effort such notice shall also be posted in the following two locations for a period of at least 30 days:
a. Posted at the primary municipal government office in the jurisdiction of the location of the vessel; and,
b. By publication in print in a newspaper or on a publicly accessible website, as provided in F.S. § 50.0311, for three consecutive weeks. If published in print, the notice shall be published once during each week for three consecutive weeks (three publications being sufficient) in a newspaper in the county, such newspaper shall meet such requirements as are prescribed under F.S. Ch. 50 for legal and official advertisements.
If the owner, operator, or other person legally responsible for the vessel is known or ascertained by reasonable effort, in addition to providing notice or attempting notice as set forth in subsection (2), notice may be served by posting as described in this subsection.
(4) A copy of the notice shall be sent to the lien holder, if any, by certified mail, return receipt requested, on the same day as posting, mailing or publishing, or as soon as practicable thereafter. Failure in notice to the lien holder, if any, does not invalidate an otherwise validly issued citation.
(c) Proof of posting or publishing shall be by affidavit of the person posting or publishing the notice, which affidavit shall include a copy of the notice, posted or published, and the dates and locations of posting or publishing.
(d) Evidence of posting as provided in subsection (1), together with proof of posting and publishing as provided in subsection (3), and if the owner, operator, or other person legally responsible for the vessel is known or ascertained by reasonable effort, proof that an attempt has been made to hand deliver or mail notice as provided in subsection (2), shall be sufficient to show that the notice requirements of this Part have been met, without regard to whether or not the alleged violator actually received such notice.
(Ord. 2025-432-E, § 5)
