1966-533ORDINANCE NO. 533
ORDINANCE OF CITY OF SOUTH MIAMI, FLORIDA,_
RELATING- "TO - WRECKED JUNKED, PARTIALLY DIS-
MANTLED OR ABANDONED VEHICLES; PROHIBITING
SAME ON PRIVATE PROPERTY; PROVIDING NOTICE
RELATIVE TO THE REMOVAL OF SAME; PROVIDING
FOR'THE SALE OF SUCH VEHICLE AFTER It b,
PROVIDING THAT THE EXPENSE INCURRED BY THE
CITY IN REMAV NJ pNn DISPOSING OF SAME SHALL
PENALTY; CONTA1 ING A SEPARABILITY PROVE A
BE A LIEN AGAINST THE VEHICLE; PROVIDING
ION;
AND REPEALING ALL ORDINANCES, CODE SECTIONS OR
PARTS THEREOF IN CONFLICT=DEREWITH- INSOFAR -AS
THEY ARE IN CONFLICT HEREWITH.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF CITY OF
SOUTH MIAMI, FLORIDA:
Section 1, It shall be unlawful to park,- store or
leave any motor or other vehicle in a wrecked, junked,
partially dismantled, or abandoned condition, on private
property in the City of South Miami unless it is in connection
with a purpose or business enterprise lawfully situated and
licensed.
Section 2. All vehicles within "the 'terms of Section
1 of this ordinance are hereby declared to be public nuisances.'
Section 3. The owner of any such - vehicle and the
owner of the private property on which the same is located
shall be responsible for its removal upon appropriate notice.
Notices shall be sent to the owner or resident of the property
upon which the said vehicle is located stating the condition
of said vehicle has caused a violation of this ordinance and
that unless this violation is corrected within thirty -six (36)
hours, procedures will be commenced to effect the removal of
the vehicle. Such thirty -six '(3 "6) hour notice, or one similar
thereto, shall also be provided the vehicle owner and any
liAnholders to the extent that their names and addresses may
be reasonably ascertained after the City has first been apprised
of such violation.
ORDINANCE NO. 533 (continued)
Section 4. If the thirty -six (36)'hour preliminary
notice does not accomplish th correction of the violation,
the procedure hereinafter set out shall be invoked. A notice
issued by the City Manager shall be directed to the owner of
the vehicle and any lienholders, if known, and the owner of
the premises where same is located, at least ten (10) days
before the time of compliance therewith. It shall be suffi-
cient service of notice if it is posted in a conspicuous place
upon the premises affected and a copy is mailed to such owners
and lienholders at their last known address, place of residence
or place of business.
Section 5. If the violation described in the 'notice
has not been remedied within ten (10) days of the mailing or
service thereof, pursuant to the police power to do all things
whatsoever necessary, for`'promoti "ng or maintaining he
g general
welfare of the'City or its inhabitants, said vehicle shall be
removed and taken into •che possession of the City. Any tow
trucks or other vehicles used for such 'removal, other than
City vehicles, shall be covered by insurance the form and
extent of which shall be approved by the City Manager.
Section 6. If the vehicle owner pays the City for _
all expenses involved in the removal and storage of same
within thirty (30) days of such: removal and indicates, in
writing, that such vehicle will not be taken to a location
where it will be in violation of Section 1, above, possession
shall be relinquished to such owner. If possession is not thus
relinquished to the owner, the City Manager shall sell any
such vehicles after publication of notice thereof ten (10) days
prior to the sale in`.- newspaper of general circulation in
the City. The ten (10),day3 publication of the notice of sale
may be within the thirty (30) days period indicated above.
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ORDINANCE NO. 533(continued)
Section 7. All costs and expenses incurred by the
City in carrying out the provisions of this ordinance shall
be and constitute a charge and lien against the vehicle until
paid with interest to accrue at the rate-of six per cent (6%)
annually.
Secti6n 8. Any person violating the provisions of
Section I- of this ordinance shall be fined or imprisoned, or
both fined and imprisoned in accordance with Section 1-8 of
the Code of Ordin'aricbs of the City of South Miami, Florida.
Section 9. The City Manager is hereby authori'
zed to
designate the agency or department to iml6lement the provisions
of this ordinance.
Sect.,` ion 10. All ordinances, I 'Code sections or , parts
-thereof in conflict flict herewith, insofar . as they are in conflict,
are hereby" repealed.
Sect6 11. If any section, sentence, clause, phrase,
or word of this ordinance is ''for any reason held or declared to
be unconstitutional, in-operative or void, such holding or
invalidity sha"ll not affect the remaining portions of this
ordinance; and it shall be construed to have been the intent
of the City Council of the City of South Miami to pass .this
ordinance without such unconstitutional, invalid, or inopera-
tive part therein; and the remainder of this ordinance, after
the exclusion of such part or parts shall be deemed and held
to be valid as if such parts had not been included therein.
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ORDINANCE NO. 533 (continued)
This ordinance shall be included in the Code of Ordinances
of City of South Miami, Florida, and the sections may be
renumbered for such purposes.
This ordinance shall become effective upon its adoption
in the manner provided by law.
PASSED AND ADOPTED this 1st day'of March, A.D. 1966.
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?PROVED:
s
May 6r
a ATTEST:
R
r
C'ty Clerk
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