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ORDINANCE NO.: _____ _
An Ordinance amending Chapter 15 of the Code of Ordinances of
the City of South Miami, by adding Article IV providing for the
seizure and impoundment of vehicles that are involved with the
commission of a crime and providing for notice, an administrative
fee, procedure and an appeals process.
WHEREAS, the Police Department is engaged in not only the enforcement of
laws and ordinances, but also in crime prevention, thereby making our community safer;
and
WHEREAS, administrative fees serve a dual purpose of not only defraying the
costs associated with enforcing the law, but also have the effect of discouraging and
displacing illegal and antisocial behavior; and
WHEREAS, enforcing motor vehicle traffic and insurance laws, drug laws and
DUI laws, use a disproportionate amount of time for police services.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The Code of Ordinances of the City of South Miami is hereby
amended by adding a new article and section to Chapter 15 to read as follows:
Article IV. Vehicle Seizure and Impoundment
15-102. Seizure and Impoundment of Motor vehicles: A motor vehicle
shall be subject to seizure, towing and impoundment pursuant to this ordinance whenever
a police officer has probable cause to believe that the vehicle was used in the commission
of a crime or was, in any manner, an instrumentality of a crime, whether a felony or a
misdemeanor, and whether the criminal activity is proscribed by any Florida statute or
section of the Code of Ordinances of the City of South Miami or Miami-Dade County
and where no forfeiture of the vehicle is being sought by the City under the Florida
Contraband Forfeiture Act, and where the motor vehicle is not currently the subject of a
Federal or State forfeiture proceeding.
15-103. Administrative fees for vehicles seized or towed for violations:
.ill} Any person or entity, legal or otherwise (hereinafter referred to as
"Person"), who owns, operates, or has a right to possession or control of any
vehicle located in the City, whose motor vehicle is seized or towed by the City,
pursuant to this Article where no forfeiture of the vehicle is being sought by the
City under the Florida Contraband Forfeiture Act, and who wishes to obtain the
release of the vehicle from impoundment, shall pay the required administrative
processing fee to the City, or, if the person intends to challenge the seizure andlor
impoundment, a bond may be posted to obtain the release of the vehicle pending
any administrative hearings andlor appeal, if any; otherwise the vehicle shall
remain impounded subject to the decision of the hearing officer andlor the Special
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Master pursuant to the administrative process provided in Section 15-105 and 15-
106. Nothing contained herein shall require the posting of a bond in order to
challenge the seizure or impoundment. All towing companies that tow a vehicle
pursuant to this ordinance shall not release the vehicle until they have the original
vehicle release receipt issued by the City of South Miami Police Department
("Police Department") authorizing the release of the vehicle or by order of court
or the order of the Special Master. Any towing company that releases a vehicle
before a vehicle release receipt is issued by the Police Department or pursuant to
the order of the Hearing Officer, Special Master, or court of competent
jurisdiction, shall be liable to the City in the amount of the administrative fee as
described in this Section.
(hl Administrative processing fee: All persons who have a right to the
possession or control of any vehicle seized pursuant to this ordinance shall pay to
the City an administrative fee, or post a bond in said amount, for the release of the
seized vehicle. The amount of the fee shall be $250.00, or an amount as set forth
in the City's Schedule of Fees, whichever is greater, unless otherwise authorized
by this ordinance and ordered by the Special Master or, if appealed, as ordered by
the appellate court.
(1) The payment of an administrative fee, or the posting of a bond,
pursuant to this ordinance shall be paid by cashier's check, money order,
or any other form of payment as allowed by the City, made payable to the
City of South Miami and delivered to the Communications Officer on
duty at the City'S police station. The Police Department shall tender to the
individual paying the fee, or posting the bond, a vehicle release receipt
which may be presented to the contract towing company. The fee shall be
deposited in the State Forfeiture Fund to be used only by the Police
Department in accordance with Florida Statute 932.7055.
(2) The administrative fee is unrelated to towing and storage charges
imposed by the contract towing company. The owner, or any other person
having a right to the return of the vehicle, is responsible for paying the
contract towing company any fees owed for towing and storage.
15-104. Towing and Notification of Seizure:
(ill All vehicles seized pursuant to this ordinance shall be towed in
accordance with the City'S towing ordinance and all applicable towing procedures
pursuant to Florida law; and
(hl All persons who are in possession of the seized vehicle at the time of the
seizure or at the time of impoundment, as well as any owner, lessors, renters,
lienors, insurers or other persons who have an interest in the vehicle and whose
name can be obtained through an internet online search or similar electronic
search, of the applicable state motor vehicle records ("Interested Parties"), shall
be sent, unless otherwise hand delivered to the Interested Person, notification in
writing ("Notification of Rights") of the right to challenge the seizure and/or the
impoundment, the administrative procedure to be followed, including any time
limitations and right to appeal, the right to the return of the vehicle upon posting a
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bond, and of the right, in lieu of a challenge or an appeal, to pay the
administrative processing fee as well as all towing and storage costs.
(£l Within twelve (12) hours of the time when the motor vehicle is seized and
towed by the Contract Towing Company, if the administrative fee has not been
ne-t-paid and no previous notice has been given to all Interested Parties entitled to
notice pursuant to this ordinance, the Contract Towing Company shall send a
Notification of Rights to the Interested Parties, who have not previously received
such notification, by United States certified return receipt mail and to otherwise
comply with the notification requirements of Florida State Statute 713.78(4)(a) &
(c). A copy of the notice and a copy of the State of Florida vehicle information
sheet showing the names and addresses of all Interested Parties shall be delivered
to the Police Department within 23 hours of the time that the notice is sent to the
Interested Parties; otherwise, the Contract Towing Company shall pay a fee of
thirty five (35) dollars to the Police Department. The Contract Towing Company
shall deliver the return receipt and any other proof of delivery of the Notification
of Rights to the Police Department immediately upon receipt of same by the
Contract Towing Company. The Contract Towing Company shall, in addition to
the thirty five (35) dollar administration fee, if any, be liable to the City for any
damages the City suffers due to the towing company's failure to fulfill the
requirements of the notification section of this ordinance.
@ In the event that the Contract Towing Company fails to timely notify the
Police Department of the fulfillment of its duty to send the initial notice to
Interested Parties and to deliver the required information and document, the
Police Department shall contact the Department of Highway Safety and Motor
Vehicles, or the appropriate state agency in charge of motor vehicle registration,
if known, (hereinafter collectively referred to as "DHSMV"), within 24 hours of
the time of seizure of the vehicle, through the medium of electronic
communications, and shall request a search of DHSMV's files to determine the
owner's name, the name of the insurance company insuring the vehicle, and
whether there are any other parties who may have an interest in the vehicle such
as lessors, renters, or lienors. Within 24 hours after receiving the requested
information, the Police Department shall deliver such infornlation to the towing
company ("Contract Towing Company").
15-105. Administrative Procedure
The City shall, within 30 to 60 days of the seizure, schedule a final hearing before
the City's Special Master which shall provide sufficient time to send notice of the date,
time and place of the final hearing to the last known addresses of all Interested Parties at
least 20 days before the scheduled final hearing.
ill All persons who have a right to notification of the seizure of the motor
vehicle pursuant to this ordinance, individually or through their agents or
representatives, shall have the right to contest the seizure and/or impoundment of
the vehicle. The contesting party ("Contestant") shall deliver a letter or other
writing to the City Clerk within 30 days of the seizure of the vehicle notifying the
clerk that the Contestant is challenging the seizure or impoundment ("Challenge
Notification"). The Contestant may also make a written request for a preliminary
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hearing. All notices of challenge and all requests for a preliminary hearing shall
be delivered to the City Clerk and delivery shall be by United States certified
return receipt mail. Delivery may also be made by hand delivery, provided a
copy is kept by the Contestant on which the Clerk's office has stamped the date
and time of receipt. The return receipt card or the copy with the Clerk's receipt
stamp shall be produced on demand of the City. It shall be the duty of the Clerk's
office to stamp on all hand delivered documents the date and time of receipt. The
City Clerk shall deliver a copy of the notice to the Police Department, the City
Attorney and to the head of Code Enforcement who shall schedule all hearings
and notify the City's Hearing Officer if a preliminary hearing is requested. The
request for hearing shall be delivered to the City Clerk within 15 calendar days of
receipt of police notice of the seizure, whether receipt of the police notice is by
hand or by mail. The delivery of the request for a preliminary hearing is
jurisdictional and the right to the preliminary hearing, as well as the right to
challenge or otherwise appeal the failure to provide a probable cause hearing for
the seizure or impoundment of a vehicle, is waived if the request is not timely
delivered to the City Clerk in the manner prescribed in this subsection. The
burden of proof is on the Contestant and the failure to produce a return receipt
card signed by the Clerk or his/her designee or a copy of the notice or request
containing the Clerk's official receipt stamp shall be irrefutable proof that the
notice and/or request was not timely made.
® Anyone who has a Right to Notification of the seizure of a vehicle and a
right to its possession shall have the right to a release of the City's hold on the
vehicle upon paying the Administrative Fee or by posting a bond with the Police
Department. The bond shall be in the amount of the administrative fee as set
forth in this ordinance and the bond shall be paid to the order of City of South
Miami by cashier's check, money order, or as otherwise authorized by the City
for the payment of the administrative fee.
(fl The Notification of Rights shall be delivered to the person who IS III
actual physical control of the vehicle at the time of the seizure and impoundment,
and it shall be made in writing and delivered to such person at the time that the
vehicle is seized.
15-106. Administrative Hearing: The City shall, upon receipt of notice
of the seizure of a vehicle pursuant to this ordinance, schedule a final hearing to
determine the rights and liabilities of all Interested Parties. If a timely request for a
preliminary hearing has been filed with the City Clerk in accordance with the
requirements of this ordinance, then:
(1) The City shall schedule the preliminary hearing with the City's Hearing
Officer ("Hearing Officer") to occur within 10 days of receipt of the request for a
preliminary hearing. The City Manager shall appoint the Hearing Officer. A
notice of the hearing shall be sent to the owner and the Contestant informing them
of the date, time, and place of the hearing either by electronic means to the
address or number provided in the request for preliminary hearing or by United
States mail within 48 hours after the hearing has been set.
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(2) The preliminary hearing shall determine whether the officer who seized the
vehicle had probable cause to believe that the vehicle was used in violation of this
ordinance. The rules of evidence shall not apply and the Contestant may present
witnesses and other evidence. The Hearing Officer shall have five (5) Business
Days following the preliminary hearing to render a written order with findings of
fact and conclusions as to the issue of probable cause and to file the document
with the City Clerk. A copy shall be mailed to the owner and Contestant. If the
Hearing Officer finds that there was no probable cause to seize and/or impound
the vehicle, then the City's hold on the vehicle shall be released without any
charge for administrative fees or, if a bond was filed, the payor shall be
reimbursed the amount of the bond paid by the payor.
(3) If the Hearing Officer finds that there was probable cause, then the matter
shall proceed to a final hearing before the Special Master.
(4) The City shall have the burden, at the final hearing before the Special Master,
to show by clear and convincing evidence that the vehicle was used in or was
attempted to be used as an instrumentality in the commission of or to conceal a
crime, or in aiding or abetting in the commission of a crime, or was, in any
manner, used as an instrumentality of a crime, whether or not comprising an
element of the crime. The rules of evidence shall apply to the final hearing and
the parties shall be allowed to present witnesses and other evidence and to cross-
examine adverse witnesses, the right to make an oral presentation, the right to hire
one's own counsel, and the final decision shall be based entirely on the relevant
legal rules and the evidence adduced at the hearing.
(5) The Contestant shall have the right to raise or plead defenses to the seizure of
the vehicle, provided the defenses are in writing and delivered to the City Clerk
by United States certified return receipt mail at least 15 days prior to the hearing.
The defenses shall include but are not limited to the allegation that the Contestant
was an innocent party to the criminal activity ("Innocent Owner Defense"). An
innocent party is one who neither knew, nor, if he had made a reasonable inquiry,
would have had reason to believe that the vehicle was being used, would be used
or was likely to be used as proscribed by this ordinance. If the written defenses
are not timely received by the City Clerk, the defenses shall be waived unless the
Special Master grants the Contestant leave to file an untimely defense. Leave to
file untimely defense shall not be granted unless the City is granted a continuance
of at least sixty (60) days, if requested by the City. If the Contestant pleads and
proves a valid defense by a preponderance of the evidence, the City shall release
its hold on the vehicle without charge of an administrative fee, and the successful
Contestant shall be entitled to the return of any bond the Contestant posted or
administrative fee paid by or for the Contestant. If the Special Master finds that
the vehicle was used in the commission of a crime or was, in any manner, an
instrumentality of a crime, then, unless a complete defense was pled and proven:
a) The Special Master shall enter an order finding that the owner and
the Contestant are jointly and severally liable for the payment of the
administrative processing fee, any fees and costs associated with the
preliminary hearing and the Special Master hearing (hearing charges shall
be as set in the City's Fee Schedule, or shall be based on the amount of
250 time expended multiplied by the Special Master's hourly rate and, if
251 applicable, the hourly cost of the hearing officer) and the towing and
252 storage charges (hereinafter referred to as "Fees and Costs"); and
253
254 b) If the vehicle has not been released pursuant to the posting of a
255 bond, the vehicle shall not be released until all Fees and Costs, for which
256 the Contestant and/or the owner are found to be liable, are paid in full or
257 unless otherwise ordered by the appellate court.
258
259 (6) Fifty (50) days following the rendering of the Special Master's order or of
260 the date of dismissal of any appeal or affirmation of the Special Master's order,
261 whichever is the greater time (the "Claim Period"), if the Fees and Costs, for
262 which the Contestant and/or the owner is found to be liable, are not paid in full,
263 or if a bond has not been posted for the full amount and no appeal has been filed,
264 or should an appeal be filed and either dismissed or the order of the Special
265 Master is affirmed, then the following action may be taken by the City:
266
267 a) If a bond was filed, or administrative fee paid, the amount paid
268 shall be transferred to the City for its use and the amount received shall be
269 treated as a set-off to the total amount owed to the City; and
270
271 b) If any amount remains owed to the City (including all costs of any
272 hearings) after setting off any fees paid or bond posted, the vehicle may be
273 re-seized if previously released and the vehicle may be sold to pay for all
274 Fees and Costs remaining due. If any amount of the sales proceeds
275 remains after all Fees and Costs have been paid, then, such remaining
276 amount shall first be paid to the lien holder(s) of record, if any, upon
277 written demand, to the extent of the lien(s). If any balance remains
278 thereafter or, if there was no lien holder, it shall be paid, upon written
279 demand, to the owner.
280
281 (7) If the vehicle is not sold and remains unclaimed after the Claim Period, it
282 shall be considered abandoned property and it may be disposed of in accordance
283 with Florida Statutes or other applicable law.
284
285 15-107. Appeal: The Contestant or the City may appeal the final ruling of
286 the Special Master, to the Appellate Division of the Circuit Court for the Eleventh
287 Judicial Circuit located in Miami-Dade County, Florida, within 30 days of the date of the
288 final Special Master's order. The City may charge the appellant a reasonable fee for the
289 preparation of the record on appeal. The filing of a notice of appeal is jurisdictional and
290 the right to appeal is waived if the notice of appeal IS not timely delivered to the
291 Appellate Division of the Clerk of the Circuit Court.
292
293 15-108. Administrative and Appellate Rules: The City Manager is
294 authorized to establish rules for administering this ordinance, including rules for the
295 probable cause hearing and for the administrative hearing before the Special Master.
296
297 Section 2: Codification. The provisions of this ordinance shall become and be made
298 part of the Code of Ordinances of the City of South Miami as amended; that the sections of this
299 ordinance may be renumbered or re-Iettered to accomplish such intention; and that the word
300 "ordinance" may be changed to "section" or other appropriate word.
301
302 Section 3. Severability. If any section, clause, sentence, or phrase of this ordinance is
303 for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding
304 shall not affect the validity of the remaining portions of this ordinance.
305
306 Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all
307 sections and parts of sections of ordinances in direct conflict herewith are hereby repealed.
308 However, it is not the intent of this section to repeal entire ordinances, or parts of ordinances,
309 that give the appearance of being in conflict when the two ordinances can be harmonized or
310 when only a portion of the ordinance in conflict needs to be repealed to harmonize the
311 ordinances. If the ordinance in conflict can be harmonized by amending its terms, it is hereby
312 amended to harmonize the two ordinances. Therefore, only that portion that needs to be repealed
313 to harmonize the two ordinances shall be repealed.
314
315 Section 5. Effective Date. This ordinance shall become effective upon enactment.
316
317 PASSED AND ENACTED this __ day of ,2013.
318
319 ATTEST: APPROVED:
320
321
322
323 CITY CLERK MAYOR
324
325 1 st Reading
326 2nd Reading
327
328 READ AND APPROVED AS TO FORM: COMMISSION VOTE:
329 LANGUAGE, LEGALITY AND Mayor Stoddard:
330 EXECUTION THEREOF Vice Mayor Liebman:
331 Commissioner Newman:
332 Commissioner Harris:
333 Commissioner Welsh:
334 CITY ATTORNEY
MIAMI HERALD I MiamiHerald:~~f!1~ __________ .. _ .. ________ ._. __ .... __ ._. _____ . __ . ______ . _______ ~ ___ ~ __ . SE SUNDAY, ~OVEMBER 24,}01~_L~~
NEIGHBORS CALENDAR
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COMMUNITY
Art Deco Cocktail Tour: Meander in
and out of famed Art Deco hotels
and bars and be transported In time.
Learn the history. appreciate the
architecture, absorb the ambience
and enjoy a Signature cocktail.
5:30 p.m. Nov. 30. Art Deco Tours,
Inc .. Miami Beach, Miami Beach, $60
indudes drinks & bartender tip.
305-814-4058.
www.artdecococktailtour.com.
Botanical Bazaar: Features local
artisans selling botanically-themed
and plant-derived wares such as
body scrubs, handmade paperowers
and more. Also indudes food trucks,
live music, a vinyasa yoga class, kids'
art activities and farmer's market
with fresh breads, jams, honey,
granol and herbs from local vendors.
Benefits the garden .. n a,m. Nov. 24, Miami Beach
Botanical Garden, 2000 Convention
Center Dr., Miami Beach. Free.
305-673-7256. www.mbgarden,org,
Bubbly Prixe-Fixe Thanksgiving
Dinner: For Thanksgiving, on the
25th floor of Conrad Miami enjoy an
intimate festive 3-course prix-fixe
menu with an induded bubbly
Veuve Clicquot toast.
5 p,m, Nov. 28, Atria Restaurant
and Wine Bar at The Conrad Miami.
1395 Brickell Ave .. Brickell.
305-503-6529.
CNC's Holiday Effort Showcase
Benefit for Howeowners In Distress:
CNC Economic Independence Pro-
gram provides help for people facing
foreclosure, Bring tax returns(2
years), bank statements, pay stubs
and photo 10 ..
8:30 a,m. Nov, 25. Cuban Amer-
ican National Council, Inc. (CNC), 1223
SW Fourth St .. East Little Havana.
Free. 305-642-3490. www.cnc.org.
Category 5 Fashion Show: Features
A La Mode's newest coliection,
networking, entertainment and
complimentary cocktail reception,
7 p.m. Nov, 24, Briza on the Bay,
1717 N, Bayshore Dr .. Media and
Entertainment District. $25; $50 VIP;
$7 valet; $5 meters and garages.
Children's Classes .. Art, Science,
Math, Cooking, Music, Yoga &
Dance: Weekly classes and private
tutoring for family and kids held in
Educational Enrichment (Math,
Science, Public Speaking, Languag-
es), Balance (Yoga, Meditation,
Healthy Cooking) & Artistic Enrich-
ment (Art. Ballet. Yoga. Music) led by
professional teachers ..
10 a,m. Nov. 24. Atlantis Natural.
1717 N, Bayshore Dr., Media and
Entertainment Distrd. $25; discount
packages available. 305-379-2722.
www.atlantisnatural.eom.
Complimentary ThanksgivIng
Buffet: Bar opens at noon. Features
happy hour prices tilt 8 p.m, and
• TURN TO CALENDAR, 32SE
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~~RNAND~Z, P.A.
C. 305,609.4602
MIORCIODIOSHERNANDIOZ@COMCAST.NH
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YOUR Rl::AL l::STATl:: Nl::l::DS
CITY OF SOUTH MIAMI
COURTESY NOTICE
NOTICE IS HEREBY given that the City Commission of the City of South Miami,
Florida will conduct Public Hearing(s) at its regular City Commission meeting
scheduled for Tuesday, December 3, 2013, beginning at 7:00 p.m., in the City
Commission Chambers, 6130 Sunset Drive, to consider the following item(s);
(
An Ordinance amending Chapter 15 of the Code of Ordinances of the City of South
Miami, by adding Article IV providing for the seizure and impoundment of vehicles that
are involved with the commission of a crime and providing for notice. an administrative
fee, procedure and an appeals process.
An Ordinance amending Section 8A-1, Subsection I of the City of South Miami's Code
of Ordinances to facilitate retention of design professionals and to avoid conflicts on
volunteer review boards.
ALL interested parties are invited to attend and will be heard.
For further information, please contact the City Clerk's Office at: 305-663-6340.
Maria M. Menendez. CMC
City Clerk
Pursuant to Florida Statutes 286.0105. the City hereby advises the public that if a person
decides to appeal any decision made by this Board. Agency or Commission with respect to any
matter considered at its meeting or hearing, he or she will need a record of the proceedings.
and that for such purpose, affected person may need to ensure that a verbatim record of
the proceedings is made which record includes the testimony and evidence upon which the
appeal is to be based.
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