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HomeMy Public PortalAbout12-05 Abandoned and Inoperative Vehicles (Junk Cars) 1 s`Reading: February 22, 2012 2°d Reading: March 14, 2012 Public Hearing: March 14, 2012 Adopted: March 14, 2012 Effective Date: March 15, 2012 Sponsored by: Commissioner Tydus ORDINANCE NO. 12-05 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA TO ADOPT POLICIES TO REMOVE ABANDONED AND INOPERATIVE VEHICLES (JUNK CARS) FROM THE VIEW OF THE GENERAL PUBLIC IN THE CITY OF OPA-LOCKA; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR SEVERABILITY AND CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, abandoned and inoperative vehicles are an eyesore, and constitute a public nuisance; and WHEREAS, the City Commission of the City of Opa-locka desires to adopt policies to remove abandoned and inoperative vehicles from the view of the general public. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA AS FOLLOWS: Section 1. The recitals to the preamble herein are incorporated by reference. Section 2. The City Commission of the City of Opa-locka hereby adopts the following policies, to remove abandoned and inoperative vehicles from the view of the general public, which shall be codified in the City Of Opa-locka Code of Ordinances, as Chapter . Chapter Section 1- Definitions. The following words, terms, phrases, when used in this article, shall have the the meanings ascribed to them by this section, except where the context clearly indicates a different meaning: Abandoned vehicle means a vehicle which is left exposed to the elements and whose owner cannot be located within reasonable inquiry. In view of the general public means not within a completed enclosed'building structure or designated storage area, which includes a wall to screen stored inoperative vehicles from public view, and also means viewable from any adjoining or neighboring property. Inoperative vehicle means a vehicle which is incapable of operation by its own power, or which is incapable of lawful operation on the public highways or public waterways pursuant to state and local law. Private property means any real property within the city which is privately owned. Serious threat to the public health, safety, and welfare includes, but is not limited to, any abandoned or inoperative vehicle that has a window in a rolled-down position, a window broken out, a door missing, the hood or trunk lid in an up position or missing, the presence of any metal or sharp object protruding from the vehicle, or that is lifted up from the ground in an unstable manner. Vehicle means any device by which any person or property is or may be transported or drawn upon a highway or upon water, including but not limited to a motor vehicle, mobile home, trailer, camper,boat and boat trailer. Section 2 - Abandoned vehicles and inoperative vehicles declared to be a public nuisance; duty of owners of vehicle and premises. (a) The existence of an abandoned or inoperative vehicle on private property in view of the general public is hereby declared to be a public nuisance. The existence of an abandoned or inoperative vehicle in view of the general public is detrimental to the health, safety and welfare of the inhabitants of the city, and is a violation of the aesthetic standards of the city. Futhermore, certain abandoned or inoperative vehicles may constitute a serious threat to the public health, safety and welfare. (b) It shall be the duty of the registered owner of such vehicle, as well as the duty of the owner of the private property or lessee or other person in possession of the private property upon which such vehicle is located, to remove the vehicle from the view of the general public. (c) This section shall not apply to a vehicle in an enclosed structure or private property under the control of a business which utilizes such vehicles in the ordinary course of its business and is authorized to do so by occupational license, certificate of use and zoning approval, if required, issued by the city. A vehicle covered with a car cover does not constitute enclosure of a vehicle. Section 3 - Notice to owner of vehicle or land to remove vehicle; failure to comply. (a) It shall be the duty of the code enforcement officer or police officer to place a written notice of violation on the offending vehicle, make every reasonable effort to ascertain the registered owner of the vehicle and the owner of the property, and give written notice to the registered owner of the motor vehicle and the owner or lessee of private land upon which such motor vehicles or parts thereof is situated, giving notice that such vehicle or parts thereof violates this article, and requesting removal within ten days from the date of service of the notice, or that within ten days of the date of service of the notice application be made for a building permit for a completely enclosed building structure or designated storage area to screen stored inoperative vehicles from public view, unless a request for a hearing is filed within five days from the date of service of such notice. Such notice may be given by personal service, or by regular and certified mail, with a return receipt requested. (b) Written notice required by this section shall be deemed to have been given, i.e., constructive notice, upon evidence that written notice was posted on the motor vehicle and mailed via certified and regular mail to the owner of the motor vehicle and to the owner or lessee of the private property at the respective owner's or lessee's current address as listed on the tax collector's records and/or as appearing on the certificate of title for the vehicle. (c) Enforcement procedures and penalties for failure to comply with subsection (a) of this section are set forth in sections and and chapter , article , of this Code. Section 4 -Request for hearing. (a) Within the five days from the notice provided in section 3, the owner or lessee of the property, or the owner of the vehicle, may request a hearing to contest the notice of violation by filing, with the secretary to the code enforcement special master, his request for a hearing before the code enforcement special master. (b) The procedures to be followed for such hearings shall be the same as those set forth under section except that the hearing must be requested within five days. Section 5. -Notice to owner of vehicle or land to remove vehicle; form. The notice provided for in section 3 hereof shall be in substantially the following form: NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED VEHICLE To: Address: Vehicle description/License plate#: Location: (Property on which the vehicle is located) As the owner of record according to the Miami-Dade County Tax Collector's office of the above-described property, your attention is called to the inoperative and/or abandoned vehicle(s) described above, which is located on this property and which has been found to be in violation of chapter of the Opa-locka City Code. You must either: (1) remove or enclose the above-described vehicle within ten (10) days; or (2) obtain a building permit to enclose the vehicle and provide the code enforcement officer with a copy of the permit within ten (10) days; or (3) request a hearing before the code enforcement special master through the special master secretary within five (5) days of the date of this notice. If you fail to act, the city may remove the vehicle and assess the costs of removal as a lien against this property. Your prompt attention and cooperation would be appreciated. If there are any questions, please call Code Inspector at phone number: Date: / / Code Inspector Section 6- Public notice when owners cannot be found. (a) After diligent search and inquiry by the building official or his designee, no written notice as set forth in section 3 shall be required where the registered owner of such vehicle or parts thereof or the owner of the private property or parts thereof or the owner of the private property or lessee or other person in possession of private property upon which such vehicle or parts thereof is located cannot be found or determined; but instead a public notice shall be posted by the city clerk on the city hall bulletin board for five consecutive days. (b) Such public notice shall include among other information, "Public Notice; To Whom It May Concern," date, legal description of the situs, address of such location, a full description of the motor vehicle or parts thereof; when available, the last known owner of the vehicle or owner of the realty or both or the last known person in possession of the situs, and the date from or approximate period of time during which such nuisance has existed. Section 7 - Removal of vehicle by city or its agent or contractor; costs of removal. If any of the persons described in section 2 fails, neglects or refuses to remove the abandoned or inoperative vehicle or parts thereof, or house the same in a building, as provided in such section, or abate such nuisance after the required notice and such nuisance constitutes a serious threat to the public health, safety, and welfare, the city, its agent or contractor may remove the vehicle or parts thereof, and the costs thereof shall be charged and billed to the registered owner of such vehicle or parts thereof or the owner of the private property or lessee or other person in possession of private property upon which such vehicle or parts thereof is located. Unless payment is made within 30 days of such billing, the city commission may, by the adoption of a resolution levying such charges, assess against the property a lien in the amount of the charges outstanding, or such lesser amount as the city commission shall decide is just and fair. Assessment liens levied in this manner shall be filed in the office of the city clerk and in the public records of the county as a lien against the property and shall be prior in dignity to all other liens against the property, save and except a lien for taxes. Such assessments shall bear interest at the legal rate, and such liens may be foreclosed in the same manner in which mortgage liens are foreclosed. Prior to removal of any vehicle, the administration shall consult with the City Attorney's office. Section 8 - Execution of release form by owner. Any person who has violated the provisions of section 2 may execute a release form provided by the city noting agreement and authorizing removal of the vehicle without objection. Section 9 -Authority of City Manager to contract. The City Manager is authorized to enter into a written agreement with a duly licensed junk dealer for the removal of abandoned or inoperative vehicles or parts thereof under this article, wherein the consideration for the services of such junk dealer shall be the vehicle or parts thereof at no expense to the city. Such junk dealer, before entering into contract with the city or being appointed its agent or contractor in reference to sections 7 and 8, shall furnish evidence of public liability insurance in an amount determined by the City Manager. If a qualified and suitable junk dealer is not available to contract with or act as the city's agent or contractor, as provided in this section, the City Manager is authorized to contract with a bidder who offers the best value to the city to provide for the removal from private property of abandoned or inoperative vehicles or parts thereof under section 7. Section 10- Enforcement authority. Each police officer or code enforcement inspector of the city may issue a notice of violation to any person failing or refusing to comply with any section of this article, and may enter any building or upon any premises, private or public, for the purpose of making inspection, upon presentation of proper credentials in connection therewith. [END OF ORDINANCE] Section 3. REPEALER. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4. SEVERABILITY. If any portion, section, phrase or clause of this Ordinance is held invalid by a court of competent jurisdiction, such ruling shall not affect the validity of the remainder of this Ordinance. Section 5. CODIFICATION. This Ordinance shall be codified in the Code of Ordinances when the code is recodified. Section 6. EFFECTIVE DATE. This Ordinance shall upon adoption, become effective immediately. PASSED AND ADOPTED this 14th day of March, 201 / ,fir ., ■- Y' '6 AYLOR MAYOR est to: • i, , /' .�• J I:nna Flores I erim City Clerk Approved as t e form a 4 legal suffici- -cy: 1,dill I 1 L ,/■ 40_ _ , . Jos ph ( -'ler Cit Atto ey Moved by: COMMISSIONER MILLER Seconded by: VICE MAYOR JOHNSON Commission Vote: 5-0 Commissioner Holmes: YES Commissioner Miller: YES Commissioner Tydus: YES Vice-Mayor Johnson: YES Mayor Taylor: YES