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Home My Public Portal About16-03 MAKING IT UNLAWFUL TO PARK A VEHICLES IN CERTAIN PLACES 1st Reading: March 23, 2016 2nd Reading: April 13, 2016 Public Hearing: April 13, 2016 Adopted: April 13, 2016 Effective Date: April 13, 2016 Sponsored by: City Manager ORDINANCE No. 16-03 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AMENDING ORDINANCE NO. 85-16, SECTION I, AMENDING ARTICLE II, CREATING SECTION 14-19 THROUGH 14-23, CURBSTONING, MAKING IT UNLAWFUL TO PARK A VEHICLE IN CERTAIN PLACES IN VIOLATION OF FLORIDA STATUE 316.1951, RESERVING SECTION 14-22 THROUGH 30, PROVIDING FOR DEFIINITIONS, PENALTIES, FINES, TOWING FEES, STORAGE AND ENFORCEMENT FEES, LIENS ON VEHICLE AND REAL PROPERTY OF THE OWNER AND VIOLATOR; PROVIDNG FOR AN ADMINISTRATIVE FEE; PROVIDING FOR SEVERABILITY AND CONDIFICATION; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR AN EFFECTIVE DATE WHEREAS,The City Commission adopted Ordinance 85-16, Nuisance, on July 10, 1985; and WHEREAS, Sections 316.1951 of the Florida Statutes permits the application of a fine, associated fees, costs and administrative fees in connection with Curbstoning; and WHEREAS, The City Commission desires to adopt an ordinance to legislate activities, Curbstoning, pursuant to the authority granted in Florida Statute 316.1951. NOW THEREFORE, BE IT DULY ORDAINED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA: Section 1. The recitals and preambles herein are incorporated by reference. Section2. The City of Opa-locka City Commission hereby amends Ordinance 85-16, Article II creating section 14-19 through 14-23 to read as follows: ARTICLE II - IMPROPERLY DISPLAYED VEHICLES Sec. 14-19. - Definitions For the purposes of this article, the following definitions shall apply: 1st Reading: March 23, 2016 2nd Reading: April 13, 2016 Public Hearing: April 13, 2016 Adopted: April 13, 2016 Effective Date: April 13, 2016 Sponsored by: City Manager ORDINANCE No. 16-03 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AMENDING ORDINANDE NO.: 85-16, SECTION I,AMENDING ARTICLE II, CREATING SECTION 14-19 THROUGH 14-23, CURBSTONING, MAKING IT UNLAWFUL PARK A VEHICLE IN CERTAIN PLACES IN VIOLATION OF FLORIDA STATUE 316.1951, RESERVING SECTION 14-22 THROUGH 30, PROVIDING FOR DEFIINITIONS PENALTIES, FINES, TOWING FEES, STORAGE AND ENFORCEMENT FEES, LIENS ON VEHICLE AND REAL PROPERTY OF THE OWNER AND VIOLATOR AND PROVIDNG FOR AN ADMINISTRATIVE FEE FOR; PROVIDING FOR SEVERABILITY AND CONDIFICATION; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR AN EFFECTIVE DATE WHEREAS,The City Commission adopted Ordinance 85-16, Nuisance, on July 10, 1985; and WHEREAS, Sections 316.1951 of the Florida Statutes permits the application of a fine, associated fees, costs and administrative fees in connection with Curbstoning; and WHEREAS, The City Commission desires to adopt an ordinance to legislate activities, Curbstoning, pursuant to the authority granted in Florida Statute 316.1951. NOW THEREFORE, BE IT DULY ORDAINED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA: Section 1. The recitals and preambles herein are incorporated by reference. Section2. The City of Opa-locka City Commission hereby amends Ordinance 85-16, Article II creating section 14-19 through 14-23 to read as follows: ARTICLE II - IMPROPERLY DISPLAYED VEHICLES Sec. 14-19. - Definitions For the purposes of this article, the following definitions shall apply: Ordinance No. 16-03 (1) Person shall mean any natural person, firm, partnership, association, corporation or other entity of any kind whatsoever. (2) Tow shall mean to haul, draw or pull along a vehicle by means of another vehicle equipped with booms, car carriers, winches or similar equipment. (3) Vehicle shall mean an automobile, truck, bus, trailer, semitrailer, truck tractor semitrailer combination, recreational unit primarily designed as temporary living quarters which either has its own motive power or is mounted on or drawn by another vehicle, or any other mobile item using wheels and being operated on the roads of the City of Opa Locka, which is used to transport persons or property and is propelled by power other than muscular power; provided, however, that the term does not include bicycles, mopeds, traction engines, road rollers or vehicles which run only upon a track. Sec. 14-20. - Prohibition Against Curbstoning (a) No person shall park a vehicle upon a public or private street, public right-of-way, parking lot, vacant lot, or private property, for the principal purpose of displaying such vehicle for sale or rental in violation of the zoning provisions of the City of Opa Locka or the applicable licensing provisions of Florida Law, unless said property is properly zoned for that type of business at that location and the vendor is duly licensed to transact such business at that location. (b) Police officers, Code Enforcement Officers, or such other persons designated by the City Manager, shall be authorized to have the vehicle towed to a garage designated or maintained by the City or a City contracted towing company. (c) All violations of this section shall be punishable by a fine of one hundred dollars ($100.00) for the first vehicle on a first offense and five hundred dollars ($500.00) per vehicle for each additional vehicle and any repeat violation of this section. Any vehicle in violation of this section shall be towed if not removed immediately by the owner. (Vehicle owners will be responsible for all fines, towing fees, storage fees, and any administrative and enforcement fees that result from the enforcement of this section.) The City may lien the vehicle and any real property owned by the violator in the City of Opa Locka until all fines, enforcement costs, and administrative costs are paid by the violator. (d) The vehicle is to remain impounded until the fine is paid and the towing agency has completed Form HSMV 84060 (Authorization to Release Vehicle after Curbstoning Violation). The towing agency must require the person paying the fine to provide proof of ownership. If the Ordinance No. 16-03 person paying the fine is not the owner of the impounded vehicle, he/she must enter his/her name on the vehicle's title as the purchaser. Sec. 14-21. - Prohibited Display of Vehicles for Sale or as Advertising Devices. (a) No vehicle shall be displayed for sale in a business or commercial premise unless the parcel has a zoning certificate of use for the sale of new or used vehicles. (b) No vehicle, trailer, or other mobile article shall be allowed to be used solely as an advertising device in a parking lot or nearby right-of-way. Any vehicle, trailer or other mobile article that remains in the same parked location for more than 72 hours and that contains commercial advertising or that meets the junk criteria in this Chapter shall be a prima facie violation of this subsection. (c) All violations of this section shall be punishable by a civil violation notice in the amount of one hundred dollars ($100.00) for the first vehicle on a first offense and five hundred dollars ($500.00) per vehicle for each additional vehicle and any repeat violation of this section. The City may place a lien on the vehicle and any real property owned by the violator in the City of Opa Locka until all fines, enforcement costs, and administrative costs are paid by the violator. Any vehicle in violation of this section shall be towed if not removed by the owner. Vehicle owners shall be responsible for all fines, towing fees, storage fees, and any administrative and enforcement fees that result from the enforcement of this section. Sec. 14-22. - Display of vehicles for sale. (a) No vehicle or boat shall be displayed for sale in a residential district unless affixed to the vehicle is a valid state license plate issued for the vehicle, except that a vehicle affixed with a lost tag may be displayed for a period not to exceed ten (10) days. A vehicle with a lost tag shall have the vehicle registration affixed to the rear window so as to be easily readable by law enforcement and code enforcement officials. As used in this section, the term "vehicle" shall include an automobile, motorcycle, truck, or recreational vehicle, a utility trailer, or a trailer for transporting off-highway vehicles or boats. (b) In residential districts no more than one (1) vehicle may be displayed for sale at any one (1) time on any one (1) premise and no more than two (2) vehicles may be displayed for sale at any one (1) premise for any one (1) calendar year, and the display shall only be permitted at the current address of the registered owner of the vehicle offered forsale on the subject premises. Ordinance No. 16-03 (c) No more than one sign shall be placed on the vehicle offered for sale. Such sign shall not exceed 8 inches by 12 inches. (d) All violations of this section shall be punishable by a fine of one hundred dollars ($100.00) for the first vehicle on a first offense and five hundred dollars ($500.00) per vehicle for each additional vehicle and any repeat violation of this section. The City may lien the vehicle and any real property owned by the violator in the City of Opa Locka until all fines, enforcement costs, and administrative costs are paid by the violator. Any vehicle in violation of this section shall be towed if not removed immediately by the owner. (Vehicle owners will be responsible for all fines, towing fees, storage fees, and any administrative and enforcement fees that result from the enforcement of this section.). Section 14-23-Incorporations The provisions of Florida Statute 316.1951 are hereby incorporated. Section 14-24 through 14-30 reserved. Section 3. All ordinances or code provisions in conflict herewith are repealed. Section 4. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions 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 13th day of April, 2016. yra Taylor Mayor Ordinance No. 16-03 Attest to: Jpanna Flores City Clerk Approved as to form and legal sufficiency: Vincent T. Brown,Esq. The Brown Law Group, LLC City Attorney Moved by: COMMISSIONER PINDER Seconded by: COMMISSIONER SANTIAGO Commission Vote: 4-0 Commissioner Kelley: YES Commissioner Pinder: YES Commissioner Santiago: YES Vice-Mayor Holmes: YES May Taylor: NOT PRESENT 8NW I 1 NEIGHBORS SUNDAY APRIL 32016 MIAMIHERALD.COM City of Hialeah Local Housing Assistance Plan III State Housing Initiatives CITY OF OPA-LOCKA,FLORIDA yT * NOTICE TO THE PUBLIC )ii Partnership Program NOTICE IS HEREBY GIVEN that the City Commission of the City of Opa-Iocka,Florida will hold a public hearing at its Regular Commission Meeting on Wednesday,April 13,2016 at 7:00 p.m.in the Auditorium at To all concerned citizens: Sherbondy Village,215 President Barack Obama(Perviz)Avenue,Opa-locka.Florida to consider the following item: The City of Hialeah is in the process of developing its three-year Local SECOND READING ORDINANCE/PUBLIC HEARING: Housing Assistance Plan (LHAP) for the State of Florida Fiscal Years AN ORDINANCE OF THE CITY COMMISION OF THE CITY OF OPA•LOCK4,FLORIDA. 2016-2017, 2017-2018 and 2018-2019 (July 1, 2016 — June 30, 2019). AMENDING ORDINANCE NO.85-16,SECTION LAMENDINGARTICLE II,CREATING SECTION The City of Hialeah is requesting input from all persons interested in the 14-19 THROUGH 14-23,CURBSTONING,MAKING IT t1NLAWFUL TO PARK A VEHICLE IN CE RT A I N PLACES IN VIOLATION OF FLORIDA STATUTE 316.1951,RESERVING SECTION development of this plan. 14-22 THROUGH 30,PROVIDING FOR DEFINITIONS,PENALTIES,FINES,TOWING FEES, STORAGE AND ENFORCEMENT FEES,LIENS ON VEHICLE AND REAL PROPERTY OF THE OWNER AND VIOLATOR AND PROVIDING FOR AN ADMINISTRATIVE FEE; PROVIDING State Fiscal Years Anticipated Anticipated Total FOR SEVERABILITY AND CODIFICATION;PROVIDING FOR CONFLICT AND REPEALER; Allocation Program Income PROVIDING FOR AN EFFECTIVE DATE(first reading held on March 23,2016). 2016-2017 $932,425.00 $36,400.00 $968,825.00 Additional information on the above item may be obtained in the Office of the City Clerk.780 Fisherman 2017-2018 $932,425.00 $30,000.00 $962,425.00 Street,4'Floor,Opa-locka.Florida.All interested persons are encouraged to attend these meetings and will be heard with respect to the public hearings. 2018-2019 $932,425.00 $30,000.00 $962,425.00 In accordance with the Americans with Disabilities Act of 1990,persons needing special accommodations to participate in the proceeding should contact the Office of the City Clerk at(305)953-2800 for assistance no later than seven(7)days prior to the proceeding.If hearing impaired you may telephone the Florida Relay Service at State Fiscal Year Owner Occupied Demo/ Administration Total (800)955-8771(TTY),(800)955-8770(Voice),(8771955-8773(Spanish)or(877)955-8707(Creole). Rehab Recon. PURSUANT TO FS 286.0108:Anyone who devises to appeal any decision made by any board.agency. 2016-2017 $673,762.50 $200,000.00 $95,062.50 $968,825.00 or unnmission with respect to wn nutter considered at melt meeting or hearing mill need a record of she proceedings,and fin.that reason.may need to ensure that a verbatim meant of the p nc ceding.;is made hich 2017-2018 $667,682.50 $200,000.00 $94,742.50 $962,425.00 rsr ord includes the teetimon and evidence ne a upon which the appeal may he biased. 2018-2019 $667,682.50 $200,000.00 $94,742.50 $962,425.00 JOANNA FLORES,CMC CITY CLERK Additionally,to the above stated activities,the City shall provide disaster assistance to households following a natural disaster or manmade .. ' '',' CITY OF HIALEAH disaster as declared by either the President of the United States or the HOME IMPROVEMENT Governor of the State of Florida.Disaster assistance will only be applied PROGRAM in the event of a natural or manmade disaster using funds that have not ■�,`` yet been encumbered,or if additional disaster funds be made available Pursuant to Section 420.9071 et.seq.,Florida Statutes and Chapter 67-37 of the Florida through Florida Housing Finance Corporation. Administrative Code, the City of Hialeah announces the availability of approximately $699,705 in State Housing Initiatives Partnership(SHIP)funds for State FY-2015-2016 available All written comments must be submitted to the following address no later to low and very low income persons who own and occupy a single family home located in than April 22id,2016 at 5:00 p.m.: Hialeah and that is in need of repairs.Assistance will be provided through the Single Family Rehabilitation Program and the Reconstruction Assistance Program in accordance with the City of Hialeah City of Hialeah Local Housing Assistance Plan(LHAP).To be eligible to receive assistance the Department of Grants and Human Services gross annual household income cannot exceed the following limits: 501 Palm Avenue,1" Floor i g �, t, a Hialeah,Florida 33010 "' ` v Very Low ; $24,850 $28,400 $31,950; $35,500 $38,350 $41,200 $44,050 $46,900 A draft of the proposed LHAP is available for public review on the .Income City of Hialeah website www.hialeahfl.gov and at the City of Hialeah Grants Low Income: $39,800 $45,450 $51,150; $56,800 $61,350 $65,900 $70,450 $75,000 and Human Services Department 501 Palm Avenue First Floor, Hialeah, Fl 33010. Priority will be given to applicants with Special Needs and Developmental Disabilities until at least 20%of funds have been reserved for this group.The remaining funds will be used to In accordance with The Americans with Disabilities Act (ADA) this ad assist very low and low-income households.The maximum value of any new and existing property assisted cannot exceed$329,269.00.SHIP funds may not be used to rehabilitate, and document referenced above can be requested in an accessible or repair mobile homes.Applications will be processed from an existing waiting list,on format. Please contact the Grants and Human Services Department for a first-come,first-served basis,subject to funding availability and in compliance with the further information at (305) 883-8039 and for the hearing impaired statutory requirements.If you wish to be added to the waiting list or receive a copy of the Ca1ITDD#(305)883-5886. LHAP,call(305)883-8040,(TDD)number(305)883-5886 or stop by the Department of Grants and Human Services,501 Palm Avenue,1s'Floor,Hialeah,Florida 33010. EQUAL HOUSING OPPORTUNITY EQUAL HOUSING OPPORTUNITY March 29,2016 March 29,2016