Ord. No. 06-00-1708ORDINANCE NO.6-00-1708
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI,FLORIDA,RELATING TO
ABANDONED AND JUNKED VEHICLES;CREATING A NEW
SECTION 15-35.1,ENTITLED "NUISANCE DECLARED FOR
ABANDONED VEHICLES";PROHIBITING STORING,PARKING OR
LEAVING ABANDONED VEHICLES ON PRIVATE PROPERTY;
PROVIDING FOR DEFINITIONS,NOTICE,REMOVAL AND
DISPOSITION OF ABANDONED VEHICLES;PROVIDING FOR
ALTERNATIVE REMEDIES AND IMMUNITY OF CODE
ENFORCEMENT OFFICERS FROM PROSECUTION FOR TRESPASS
AND OTHER ACTIONS;REPEALING SECTION 15-35.1,ENTITLED
"JUNKED,WRECKED,ABANDONED VEHICLES,KEEPING ON
PRIVATE PROPERTY—PROHIBITED;REPEALING SECTION 15-
35.2,ENTITLED "SAME—REMOVAL;NOTICE";REPEALING
SECTION 15-35.3,ENTITLED "ADOPTION OF STATUTES
RELATIVE TO ABANDONED,WRECKED PROPERTY ADOPTED BY
REFERENCE";REPEALING SECTION 15-35.4,ENTITLED "SAME-
ENFORCEMENT EXPENSES,CONSTITUTE LIEN [ON]VEHICLE IN
VIOLATION";AND REPEALING SECTION 15-35.5,ENTITLED
"CITY MANAGER RESPONSIBLE FOR IMPLEMENTATION OF
SECTIONS 15-35.1 THROUGH 15-35.4"OF THE CITY OF SOUTH
MIAMI CODE OF ORDINANCES;PROVIDING FOR SEVERABILITY,
ORDINANCES IN CONFLICT,AND AN EFFECTIVE DATE.
WHEREAS,theMayorandCityCommission of the City of SouthMiami
recognizethatinoperableand abandoned vehiclesonprivatepropertyareapublic
nuisance which detractfromthe city's hometown atmosphere and contribute tourban
blight and decay;and,
WHEREAS,the existing provisions of the City of South Miami Code of
Ordinancesrelatingto removing junked,wrecked andabandoned vehicles (collectively
referredtoasabandoned vehicles)onprivatepropertyhave proved tobe cumbersome
and ineffective;and,
WHEREAS,the Mayor and City Commission desire to enact an ordinance that
prohibitsparking,storingor leaving anyabandoned vehicle onprivateor public property,
and provides for the effective removal anddisposal of abandoned vehicles.
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NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA:
Section 1.Section 15-35.1,entitled "Junked,wrecked,abandoned vehicles,
keeping on private property—Prohibited;section 15-35.2,entitled "Same—Removal;
notice";section 15-35.3,entitled "Adoption of statutes relative to abandoned,wrecked
propertyadopted by reference";section 15-35.4,entitled "Same—Enforcement expenses,
constitutelien [on]vehicle inviolation";andsection 15-35.5,entitled "City manager
responsiblefor implementation of sections 15-35.1 through 15-35.4"of the city code of
ordinances are repealed.
Section 2.Section 15-35.1,entitled "Nuisance declared for abandoned
vehicles"is created to read:
Sec.15-35.1(a).Abandoning vehiclesprohibited;abandoned vehicles declared
tobea public nuisance.
Nopersonshallabandonanyvehicle,whetherattendedornot,onanypublicor
private property within the city foraperiod of time in excess of 72hours.The
presence of abandonedvehiclesor parts of abandoned vehicles onpropertyis
declaredtobeapublicnuisance which may beabated by the City of SouthMiami
inaccordance with theprovisions of thissection.Thissectiondoesnotapplyto
vehicles that are:
(1)parkedorstoredina building oracarportunlessthe vehicle isa wrecked
motor vehicle;
(2)held by a business enterprise lawfully licensed by the city to service andrepair
vehicles and properly operating ina zoning district that allows such use and
the vehicles are screened from view froma public street-level right of way or
easement;
(3)parked orstoredonpublicproperty by thecity;or,
(4)not more than 2 ancient,antique,or collectible vehicles thatare kept by the
owner for collection purposes andare screened from public view.
Sec.15-35.1(b).Definitions.
(1)"Abandoned motor vehicle"means any motor vehicle thatis left on public or
private property foraperiod of more than72hours,regardless of whether the
vehicle is wrecked,damaged or inoperable,and regardless of whether the
vehicle bearsa current license plateand vehicle registration.
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(2)"Ancient,antique,or collectible motor vehicle"means any motor vehicle that
is registered with the state of Florida pursuant to§320.086,Fla.Stat.
(3)"Codeenforcementofficer"hasthe meaning given tothe term inSec.2-
25(a)(2).
(4)"Inoperablemotorvehicle"means a motor vehicle that does not have affixed
toita current license plate and vehicle registration;provided,however,this
definition shall not apply to vehicles that are owned or leased by an automobile
dealer who possesses a current,valid occupational license and the vehicles are
stored on property which is properly zoned and approved foruseasan
automobile dealership.
(5)"Motorvehicle"meansavehicleor conveyance thatis self-propelled and
designed to travel along the ground,and includes,but is not limited to,
automobiles,buses,mopeds,motorcycles,trucks,tractors,go-carts,golf carts,
campers,motor homes,and trailers.The term "motor vehicle"also includes
boats and jet skis.
(6)"Private property"meansanyrealpropertywithinthecitythatisprivately
owned and which isnot subject toa public access easement.
(7)"Wrecked motorvehicle"meansanymotor vehicle thatis wrecked,damaged,
dismantled,partially dismantled,andincapable of operation byitsown power
atthetimeanoticeisissued,orfromwhichtwoormore of thewheels,engine,
transmission orany other substantial part has been removed.
Sec.15-35.1(c).Standards and evidence.
(1)Itisa violation of this section to abandon any vehicle,whether attended or
not,on any public or private property within the city fora period of time in
excess of 72 hours.Evidence may include,but is not limited to,factors such
as:vehicles being wrecked;inoperative as evidenced by vegetation
underneath as high as the vehicle body or frame;refuse or debris collected
underneath or the vehicle being used solely for storage purposes;if itis
partially dismantled,having no engine,transmission or other major parts;
having parts that are dismantled;or being ina physical state rendering it
inoperative or unsightly tothe neighborhood.If the primary evidence of
abandonment is vegetation growing under the vehicle,the code enforcement
officer shall use his or her training and experience to determine whether,
under the totality of the circumstances,the vehicle isina state of
abandonment.The absence of a valid license plate or sticker for the current
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yearand,or,the absence of acurrent motor vehicle registration certificate
shall be prima facie evidence thatthe vehicle isabandoned;however,the
presence of acurrent license plate,sticker or registration shall not,by itself,
mean that the vehicle is not abandoned.
(2)Nothing in this section shallbe construed as permitting the violation of other
provisions of the city codes,including,but not limited to,outside storage
requirements,junkyard provisions andlot cleaning standards.
Sec.15-35.1 (d).Responsibility for compliance.
The owner,agentand,or,tenant of thepropertyon which violation of this section
occurs,andthe owner of theabandoned vehicle,shallbe jointly and severally
liablefor compliance with the requirements of this section,andforfinesand
penalties issued under any provision of the city's codes.
Sec.15-35.1(e).Notice of civilinfractionandcitation;appealstocode
enforcement board.
(1)Thecode enforcement officershallgiveacivilinfractionnoticeasprovidedin
Sec.2-25(d)of the City of SouthMiamicode(the city's code enforcement
ordinance)and simultaneously issueacitation.The notice and citation shall
be given inthe manner provided inthecode enforcement ordinance andalso
shall be affixed to the vehicle.In the event the abandoned vehicle is located
onprivateproperty,thenoticeandcitation,wherepracticable,shallbe
delivered tothe owner of thepropertyandtothe occupant of theproperty if
the occupant canbedetermined.Further,the notice andcitationshallrequire
theowner oftheabandonedvehicle,andtheownerandoccupant of theprivate
property,if they aregivennotice,tocorrecttheviolation by removing and
properly disposing of the vehicle within 72hours of the time listed onthe
notice.The notice and citation may be combined ina single document.
(2)The code enforcement officer may orderthe abandoned vehicle removed in
lessthan72hours when theviolationisarepeat violation,presentsaserious
threatto the public health,safety and welfare,when the vehicle isan
inoperable or wrecked motor vehicle,or when the vehicle is moved toanother
location and continues to be an abandoned vehicle as defined in this section.
The movement of an abandoned vehicle to another location that is in violation
of this section constitutes aseparate offense.
(3)Appeals tothe code enforcement board must be taken within the72 hours of
affixing the civil infraction notice and citation onthe vehicle.An appeal stays
all enforcement proceedings for removal and disposal of the vehicle until an
order of the code enforcement boardisentered;provided,however,thatinthe
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event the code enforcement officer has ordered the vehicle removed in less
than72 hours onthe basis that it presents a serious threat tothe public health,
safetyandwelfare,anappealwillnotstaytheremoval of thevehicle.The72-
hourappealrequirementshallnotincludelegalholidaysand weekends.
Sec.15-35.1(f).Compliance with order to remove;removal bycityupon
noncompliance.
Within the time forremovalstatedinthenoticeandcitation,or within 48hours of
the time in which theorderonappealisaffirmed by thecode enforcement board
andtheorderis signed by theboard'schairperson,the owner of theabandoned
vehicle,andtheownerand,or,occupant of theprivatepropertyonwhichthe
vehicleis located,shallcausethevehicletoberemovedandproperly disposed.If
theviolationisnotremediedwithinthetimesstatedinthis paragraph,thecode
enforcement officer shallhavethepowertotake possession of the vehicle and
removeitfromthepremises.Acodeenforcement officer shallenterontoprivate
property to remove an abandoned vehicle only upon the advice and direction of
the city attorney.In the event of removal of the vehicle by the code enforcement
officer,andthe disposition of the vehicle by the city,the owner of the vehicle,and
the owner and,or,occupant of theprivate property from which the vehicle is
removed shallbe jointly andseverallyliableforthe expenses incurred by thecity.
Sec.15-35.1(g).Notification of owner and other interested parties following
removal by city.
(1)Notice toowner.The code enforcement officer,after taking possession of a
vehicle,shall give notice of possession and disposition totheregistered owner
of the vehicle by certifiedmail,returnreceiptrequested,atthe owner's last
known address,within 15 days of thedatethe city takes possession of the
vehicle.Acopy of thenoticeshallalsobegiventotheownerand,or,
occupant of thepropertyfrom which the vehicle wastaken.
(2)Noticeto Florida Department of HighwaySafety&MotorVehiclesandlien
holders.The code enforcement officer shall also contact the Florida
Department of HighwaySafety&MotorVehiclesto ascertain thenamesand
addresses of otherpersonswhoholdarecordinterestinthevehicle.The
department andlien holders shall begivennoticeinthesamemanneras stated
insubparagraph(1).
(3)Contents of notice.Noticeunderthis paragraph shallcontainthefollowing
information:
1.Theyear,make,modeland serial number of thevehicle;
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2.Thenameand address of the last-known registered owner of thevehicle,if
available;
3.Thevehicle registration numberandthetitle registration number of the
vehicle,if available;
4.The dateon which the vehicle wasremoved;
5.The locationfrom which the vehicle was removed;and
6.Thelocationatwhichthevehicleisbeing stored.
(4)Waiver of interests.Thenoticeshallalsoadvisethatapersonwhoisentitled
topossession of thevehiclemay reclaim ituponpaymenttothecity of all
charges incurred by thecityintheremovalandstorage of themotorvehicle,
exceptthat if thevehicleisnot reclaimed andpaymenttothecitynotreceived
within30daysafterdate of thenotice,therighttoreclaimthemotorvehicle,
as well asallright,titleandinterest of thepersoninthe vehicle,shallbe
deemed tobe waived andthepersonshallbe deemed to have consented tothe
disposition of the vehicle by thecity.
(5)Notice by publication.If thecodeenforcement officer isunableto identify
thelast registered owner of a vehicle,or if unable to obtain with reasonable
certaintythenameandaddress of theownerorother interested persons,
including lienholder,itshallbe sufficient notice under this subsection to
publish the notice onceinanewspaper of generalcirculationinthecity.The
notice by publication may contain multiple listings of motor vehicles.
(6)Documentation filed with state.A copy of any notice required inthis
subsection,as well asa copy of any certificate of sale issued by the city shall
be provided tothedepartment.
Sec.15-35.1 (h).Disposition of vehicles removed by city.
(1)Dispositionbasedon appraised value.Thecodeenforcementofficershall
obtainan appraisal of avehiclewithin10days of itsremoval.The appraisal
maybe conducted bythecode enforcement officer,provided reliable
information,including,butnotlimitedto,the"blue book"value of the
vehicle,orausedcar dealership valuationforthevehicle,isutilizedto
determine value.
(2)Summary disposition.If the appraised value of thevehicleislessthan
$1000.00,upontheexecution of anaffidavitbythecodeenforcementofficer
stating that notification has beengiventothe owner and other interested
persons pursuant to Sec.15-35.1 (g),and describing thevehicle,including
license plate numberandname of owner,if known,the location of thevehicle
andthe appraised value of the vehicle,thecity manager may summarily
dispose of the vehicle and execute a certificate of sale after the passage of 30
days from the date of thenotice required inSec.15-35.1(g)(4).If thenotice
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hasbeen published,disposition maytake place 30 days afterthe date of
publication.
(3)Publicsale.If the appraised valueexceeds$1000.00,thevehicleshallbe
disposed of atpublic sale in accordance withthe provisions of this section;
provided,thatnovehicle shall besoldat public sale prior to30 days from the
date onwhichnoticeunder Sec.15-35.1(g)(4)isgiven.
(4)Notice of public sale.Ifa vehicle is sold at public sale,at least 21 days prior
tothesalethecode enforcement officer shall causeanoticetobepublished
onceinanewspaper of general circulation inthecity.Thenoticeshall state:
1.Thesaleis of an abandoned vehicleinthepossession of thecitybyvirtue
of seizure pursuant tothisarticle;
2.A description of the vehicle,including make,model,license number,title
number,vehicleidentificationandanyinformationwhichwill accurately
identify the vehicle;
3.The terms of the sale;and,
4.The date,time andplace ofthesale.
(5)The code enforcement officer alsoshallalso mail a copy of this notice tothe
last-known registered owner of the vehicle,to the owner and,or,occupant of
the property from which the vehicle was taken (unless they arethe same),and
toany other person known tothecode enforcement officer to have arecorded
interest in the vehicle.
(6)Conduct of sale.Onthedate,timeandplacestatedinthenotice,the vehicle
shallbesoldtothe highest andbestbidder.Any vehicle which cannotbesold
foran amount equaltothecosts of thesaleandothercostsincurred by the city
may besummarilydisposed of inthemannersetforthin subparagraph (1).At
the time of payment of the purchase price,thecitymanagershallexecutea
certificate of saleforthe vehicle induplicate,theoriginal of which shallbe
giventothe purchaser andacopyshallretained by thecitymanger.A
certificate of sale issued under mis subsection shall not guarantee title or
purport togiveanytitletothevehicle greater thanthatwhichis possessed by
thecity.Shouldthesalebeinvalid for any reason,theliability of thecity shall
be limited tothereturn of the purchase priceuponreturn of thevehicle.
(7)Distribution of sale proceeds.Proceeds of a sale underthis subsection,after
payment of allthecosts of the auction,including noticeand publication costs,
andtheexpenses of thecityintowingand storing thevehicle,andany
imposedcivil infraction,shall beheldina suspense account bythecity for a
period of 30 days from the date of the receipt of the funds.After30 days,the
proceeds maybe distributed tothe general fund of thecity.
(8)Redemption prior to sale bycity.Theowner of avehiclewhichhascome
intothe possession of thecity under the provisions of thissectionmay redeem
thevehicle prior toits disposition,upon presentation of proper evidence of
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ownershipand payment tothecity of allchargesincurredregardingtowing,
storingand expenses of thesale,andacivilinfractionfine.Theright of
redemption shallterminate upon disposition of the vehicle by thecity.
Sec.15-35.l(i).Liability of propertyownerand occupant for towing,storage
and other expenses;lien on property.
Any person from whose privatepropertya vehicle is removed pursuantto
this section isliabletothe city forany civil infraction imposed,andforthe
expenses incurred by itrelatingto towing,storing or disposing of the
vehicle.An occupant who owns,hasaninterestin,or suffers the
abandoned vehicle to remain onthe private property is jointly and severally
liable tothe city forits expenses.Inthe event the owner and,or,the
occupant failtopay expenses tothe city if the vehicle is redeemed or if the
disposition of thevehicle fails to generate sufficient fundstocoverthecosts
of towing,storageanddisposition,theownerand,or,theoccupantfrom
whose privatepropertythevehiclewas removed shallpaytothe city the
balance of the costs incurred.If these costs are not paid to the city
immediately uponredemptionorwithin60days of sale,they shall
constitute alienontherealandpersonalproperty of the owner,andonthe
personal property of the occupant.Thelien shall havethesame priority
andmaybe foreclosed inthemanner as othercodeenforcementliens are
foreclosed.
Sec.15-35.1 (j).Grant of immunity from prosecution toenforcementofficers.
Code enforcement officers shallbe immune from prosecution fortrespass upon
real property and other civil actions while inthe reasonable,good faith discharge
of the duties imposed bythis section.Further,it shall be unlawful for any person
tointerferewith,hinderorrefusetoallowthecodeenforcementofficertoenter
upon private property for the purpose of inspecting a vehicle when the officer has
probable cause to believe that a vehicle is abandoned or to remove an abandoned
vehicle undertheprovisions of thissection.
Sec.15-35.1(k).Alternative remedies.
The procedures in this section also apply to abandoned vehicles on public
property.As an alternative to these procedures and requirements,§705.103,Fla.
Stat,et seq.is incorporated by reference into this section and maybe applied by
thecode enforcement officer fortheremovalanddisposal of abandoned vehicles.
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Section 2.This ordinance shall be included in the City of South Miami code as
Sec.15-35.1.
Section 3.If any section,clause,sentence,or phrase ofthis ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction,the holding
shall not affect the validity of the remaining portions of this ordinance.
Section 4.All ordinances or parts of ordinances in conflict with the provisions
of thisordinancearerepealed.
Section 5.This ordinance shall take effect immediately upon approved.
PASSEDAND ADOPTED this 11th dayofApril,2000.
ATTEST:,APPROVED:
CITY CLERK
READ AND APPROVED AS TO FORM
£&2_£&jJ^
"CITY ATTORNEY
\\Dell_6100\Documents\City of South Miami\0022-001\2424.doc
MAYOR
1stReading-March y>200Q
2nd Reading-April 11,2000
COMMISSION VOTE:
Mayor Robaina:
Vice Mayor Feliu:
Commissioner Wiscombe:
Commissioner Bethel:
Commissioner Russell:
Additions shown by underlining and deletions shown by overstriking!
5-0
Yea
Yea
Yea
Yea
Yea
.^ff&av.
CITY OF SOUTH MIAMI
INTER-OFFICE MEMORANDUM
TO:Mayor and City Commission DATE:4/7/00
AGENDA ITEM #
FROM:Charles D.Scurr /*//(I \&4fl Comm.Mtg.4/1 1/0u
City Manager /1/y^^Junked and
Abandoned Vehicles
THE REQUEST
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI,FLORIDA,RELATING TO ABANDONED
ANDJUNKEDVEHICLES;CREATINGANEW SECTION 15.35.1,
ENTITLED "NUISANCE DECLAREDFOR ABANDONED VEHICLES";
PROHIBITING STORING,PARKING OR LEAVING ABANDONED
VEHICLES ON PRIVATE PROPERTY;PROVIDING FOR
DEFINITIONS,NOTICE,REMOVAL AND DISPOSITION OF
ABANDONED VEHICLES;PROVIDING FOR ALTERNATIVE
REMEDIES AND IMMUNITY OF CODE ENFORCEMENT OFFICERS
FROM PROSECUTION FOR TRESPASS AND OTHER ACTIONS;
REPEALING SECTION 15.35.1,ENTITLED "JUNK,WRECKED,
ABANDONED VEHICLES KEEPING ON PRIVATE PROPERTY -
PROHIBITED;REPEALING SECTION 15.35.2,ENTITLED "SAME -
REMOVAL;NOTICE",REPEALING SECTION 15.35.3,ENTITLED
"ADOPTION OF STATUS RELATIVE TO ABANDONED,WRECKED
PROPERTY ADOPTED BY REFERENCE;"REPEALING SECTION
15.35.4,ENTITLED "SAME -ENFORCEMENT EXPENSES,
CONSTITUTE LIEN[ON]VEHICLE IN VIOLATION";AND
REPEALING SECTION 15.35.5,ENTITLED "CITY MANAGER
RESPONSIBLE FOR IMPLEMENTATION OF SECTIONS 15.35.1
THROUGH 15.35.4"OF THE CITY OF SOUTH MIAMI CODE OF
ORDINANCES;PROVIDING FOR SEVERABILITY,ORDINANCES IN
CONFLICT,ANDAN EFFECTIVE DATE.(18t Reading 3/7/00)
BACKGROUND
The attached ordinance on for second reading and public hearing repeals
existing Sections 15-25.1 -15-35.4,and replaces them with Section 15-35,
entitled "Nuisance Declared For Abandoned Vehicles."
\
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'V.
CITY OF SOUTH MIAMI
INTER-OFFICE MEMORANDUM
To:Mayor and City Commission Date:March 1,2000
Charles Scurr,City Manager
From:Earl G.Gallop <~^^-t^*Re:Proposed Ordinance
Junked and Abandoned Vehicles
SUBJECT:The existing proceduresrelatingto junked andabandoned vehicles are
cumbersome,time-consuming,and often ineffective.The proposedordinancecreates
procedures thatareconsistent with therecent,revisedcodeenforcementordinance,provides
speedier,efficient meansfordisposing of abandonedvehicles,andprotectsrights of owners
and lienholders of vehicles.
DISCUSSION:The proposed ordinancerepeals existing Sections 15-35.1—15-35.4,and
replaces them with Section 15-35.1,entitled "Nuisance DeclaredFor Abandoned Vehicles."
Section 15-35.1(a)declaresabandoned vehicles tobeapublicnuisance.Section 15-35.1(b)
providesdefinitions.Section 15-35.1(c)providesstandardsand evidence which make it
easier for a code enforcement officer to establish that a vehicle is abandoned.Section 15-
35.1(d)makes the owner of anabandoned vehicle,together with the owner and responsible
occupant of therealpropertyupon which itislocated,jointly andseverallyliablefor
compliance with theordinanceandforpayment of finesandcoststothecityforremovaland
disposing of abandonedvehicles.Section 15-35.1(e)incorporatesthe notice of civil
infraction and citation system that exists in the recently amended ordinance,but eliminates
thegrace period anddirectsthecode enforcement officer to give the offender 72hoursin
which tocorrecttheviolation.The time fortakinganappealtothecode enforcement board
isshortenedtothesame72hoursin which thenoticeisgiven.Section 15-35.1(f)requires
the violator to remove thevehicle within the 72 hour notice,or within 48 hours after the code
enforcementboardaffirmsthecitation.If thevehicleisnot removed within theprescribed
times,thecityhasthepowertotakeimmediatepossession ofthe vehicle and remove itfrom
theprivateproperty.Section 15-35.1(g)containsdetailedprovisionsfor giving notice tothe
ownerandotherinterestedparties of theremoval of the vehicle by the city andthe
subsequent sale of the vehicle.Section 15-35.1(h)providesforappraisal of the vehicle by
thecode enforcement officer,summary disposition by the city manager if the value isless
than$1,000,andpublicsale if thevalueexceeds$1,000.Section15-35.1(i)providesfor
Mayorand City Commission
Charles Scurr,City Manager
February 11,2000
Page 2
priority of lien,recordingandforeclosing of liensagainstpropertyownedbytheowner of
thevehicle,andtheownerandoccupant of thepropertyuponwhichitwaslocated.Section
15-35.1Q)grantstothecodeenforcementofficerimmunityfromprosecution ofcivilactions
forentering upon private partytoinspectandremovean abandoned vehicle.Section 15-
35.1(k)allowsthecodeenforcementofficertousethealternativeprocedures of §705.103,
Fla.Stat,etseq.forremovingand disposing of vehicles abandoned onpublic property.See
memorandumfromEABdatedFebruary 11,2000.
The current version of the proposed ordinancewas revised to clarify that the ordinance
requiresvehiclesatautorepairshopstobescreenedfrompublicview,andtoacceptcertain
recommended changes by A.C.Feldman and others.
RECOMMENDATION:Approve the proposed ordinance on first reading and schedule
second reading for public hearing andfinalaction.
Attachment
cc:Code Enforcement Board
Assistant Chief Greg Feldman
Sonia Lama,Director
§15-35 OFFENSES AND MISCELLANEOUS PROVISIONS §15-35.2
has .been administered poison to neglect or to refuse to report
to the chief of police of the city within two hours after said
wounded or poisoned person is first administered to or re
quests attention.If such wounded or poisoned person does
not give satisfactory explanation tothe doctor,clinic or hos
pital of the wound or poison or how such wound or poison
was received,the chief of police shall be notified immediately
(Ord.297,4-20-54)i
Sec 15-35.1.Junked,wrecked,abandoned vehicles,keeping on
private property—Prohibited.
(a)It shall .be unlawful to park,store or leave any motor
or other vehicle in a wrecked,junked,partially dismayed,
or abandoned condition,on private property in the city unless
it is in connection with a purpose or business enterprise law
fully situated and licensed.
(b)All vehicles within the terms of subsection (a)of this
section are hereby declared to be public nuisances.(Ord.No.
533,§§1,2,3-1-66)
Editor's note—Sections 15-35.1 through 15-35.5 are derived from Ord.
No.533,§§1 through 7 and 9.Said ordinance,being nonamendatory of
this Code,has been so codified atthe discretion of the editors.Section
8,of said ordinance,the penalty provision,has been omitted as it pre
scribed thepenaltysetoutin section 1-8 ofthis Code.
Sec,15-35.2.Same—Removal;notice.
(a)Preliminary notice.The owner ofany such vehicle and
the owner ofthe private property on which the same is
located shall be responsible for its removal upon appropriate
notice.Notices shall besenttothe owner orresidentofthe
property upon which the said vehicle is located stating the
condition of said vehicle which caused a violation of section
15-35.1 andthatunlessthis violation is corrected within
thirty-six (36)hours,procedures will be commenced toeffect
the removal of the vehicle.Such thirty-six (36)hour notice,
or other similar thereto,shall also be provided the vehicle
ownerandany lienholders tothe extent that theirnames and
addresses may be reasonably ascertained after the city has
first beenapprised of such violation.
Supp.No.35
215
§15-35.2 SOUTH MIAMI CODE §15-35.4
(b)Noticeissuedby city manager.It the thirty-six (36)
hour preliminary noticedoes not accomplishthecorrection
of the violation,the procedure hereinafter set out shall be
invoked.A noticeissuedby the city manager shallbe directed
tothe owner ofthevehicleandany 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
sufficient service of notice if it is posted inaconspicuous
placeupon the premises affected anda copy is mailed to such
owners and lienholders at their last known address,place of
residence or place of business.
(c)Removal;penalty.Failure to comply with the 36-hour
notice of removal shall constitute a violation of this Code
and the property owner,occupant or person incharge of the
premises shall be responsible andliablefor the penalty as
outlined in section 1-8.The city may also have the vehicle
removed after following the outlined procedure for removal.
(Ord.No.533,§§3—5,3-1-66;Ord.No.949,§1,7-19-77)
Note—See editor'snotefollowing§15-35.1.
Sec.15-35.3 Adoption of statutes relative to abandoned,
wrecked property adopted by reference.
Chapter 705 of the Florida Statutes,relative to seized,
abandoned,wrecked or derelict property,be,and the same is
hereby adoptedandmadeapplicablein the City of South
•Miami.(Ord.No.950,§1,7-19-77)
Note—See editor'snote following §12-3.
Editor's note—Ord.No.950,§1,adopted July 19,1977,specifically
amendedtheCodeby revising §15-35.3 toreadas herein set out.For
merly,saidsectionhadpertainedtoremovedvehicles,andhadbeen
derivedfromOrd.No.533,§6,adoptedMarch1,1966.
Sec.15-35.4.Same—Enforcement expenses,constitute lien
vehicle in violation.
Allcostsandexpensesincurred by the city in carrying out
the provisions of sections 15-35.1 through 15-35.3 shall be and
constitute achargeandlien against the vehicle untilpaid with
interest to accrue attherate of six(6)percentannually.
(Ord.No.533,§7,3-1-66)
Note—See editor'snotefollowing§15-35.1,
Supp.No.35 x
216
§•15-35.5 OFFENSES AND MISCELLANEOUS PROVISIONS §15-38
Sec 15-35.5.City manager responsible for implementation of
sections 15-35.1 through 15-35.4.
The city manager is hereby authorized to designate the
E^UfTS:departmeat *<>implement the provisions of sections15-35.1 through 15-35.4.(Ord.No.533,§9,3-1-66)
Note—S«e editor's note following §16-35.1.
Sec.15-35.6.Major repairs,overhauls prohibited and de
clared public nuisances unless zoned therefor,
(a)Major repairs or the overhaul of automotive equip
ment is hereby prohibited in all districts on other than prem
ises meeting the zoning regulations and licensed bv the city
for such work."*
•(tbL ^*ut°motive equipment repaired and overhauled inviolationofsubsection(a)of this section is hereby declared
to be a public nuisance.(Ord.No.948,§1,7-19-77)
Sec 15-36.Law enforcement officers—Resisting.
JiS?be ^aWful in the city for any Pers°n to resist£T*n I™°f?Clr °f the City or t0 resist aRy P«son called5w!«55r city t0 aid in makin*an *rrest (0rd-
Sec 15-37.Same—Assisting.
toaidShan\«-""^JS?iD the City for *«?Pers°n t°refusetoSStoTtaSS**dty Wh6n Called UP0H by such offic«'w assist m making an arrest.(Ord.297,4-20-54)
Sec 15-38.Same—Obstructing.
It shall be unlawful for any person in the city to obstructortoopposeanofficerthereofintheexecutionof22processorinthelawfulexecutionofanyleSTdutv^r
ZX£££LH?'"fS °r ^-din?toSatio°n
a£L rSentitv o?l1^°f *?d1 re*ardin*the where-*oouta oridentityofa person for whom such officer shallhaveawarrant(Ord.297,4-20-54)
Sapp.No.35
21«1
MIAMI DAILY BUSINESS REVIEW
PublishedDaily except Saturday,Sunday and
LegalHolidays
Miami,Miami-DaceCounty,Florida.
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Beforethe undersigned authority personally appeared
Oetelma V.Ferbeyre,whoon oath says that she Isthe
Supervisor,Legal Notices oftheMiami Oally Business
Review t/Wa MiamiReview,adally (except Saturday.Sunday
andLegalHolidays)newspaper,publishedat Miami In Miami-
DadoCounty,Florida;thattheattachedcopyofadvertise
ment,beingaLegalAdvertisementofNotice In thematterof
CITY OF SOUTH MIAMI
PUBLIC HEARING 4/11/00
In the.xxxxxxx Court,
,hWr paper fn the Issues of
Affiantfurther says thatthe said Miami Dally Business
Review Is a newspaper published atMiami In said Mlaml-
DadeCounty,Florida,andthatthe said newspaper has
heretofore been continuously published In said Mlaml-Dade
County,Florida,eachday(exceptSaturday,Sundayand
Legal Holidays)andhasbeenenteredassecondclassmail
matter atthe post office In MiamiIn said Mlaml-Dade
County,Florida,foraperiodofoneyearnextprecedingthe
first publication oftheattachedcopyofadvertisement;and
affiantfurther says that she hasjjstther paid norpromised
any person,firmer corpepttfOtTanyNflscount,rebate,com
missionor rarrfnd forjOTtfrposo ofSecuring this advertise
ment for pjnUcmtotflirthe said newspaper.
Tooo
CFFICtALNOTARVSEAL
%JANETT LLEflENA
"»*"^aSksSSON NUMBER
-*CC56C004
Ost\P JUNE 23.2000
CITY OF SOUTH MIAMI
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY given thatthe City Commission ofthe City of
South Miami.Florida win conduct Public Hearings during its regular City
Commission meeting Tuesday.April 11.2000beginning at 7:30 p.m,intijeCityCommissionChambers.6130 Sunset Drive,to consider the.fol-
ldwing^escnoed oroinancejs)':'''.".
1 *?
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITYOF SOUTH MIAMI.FLORIDA,RELATING TO COMMU
NITY RELATIONS BOARD.'AMENDING SECTION 2.26.6OFTHE
CITY OF SOUTH -MIAMI CODE OF ORDINANCES;ENTITLED
•COMMUNITY RELATIONS BOARD';CHANGING THEMEMBER-.
SHIP FROM 15TO 17 MEMBERS;PROVIDING FOR SEVERABILI
TY,ORDINANCES IN CONFLICT AND ANEFFECTIVE DATE.(1st
Reading-3/7/0O)
AN-ORDINANCE-QF THE-MAYOH AND.CITY-COMM|S.SlON_OF.
!THE CiTV OFSOUTH MIAMI.FLORIDA/RELATING TO PENSION
BOARD;AMENDING SECTION 16.20(a)OFTHECITY OFSOUTH
MIAMI CODE OF ORDINANCES;'ENTITLED 'PENSION BOARD';
CHANGING THE MEMBERSHIPrFROM FIVE TO SEVEN MEM-
BERS;PROVIDING FOR SEVERABILITY.ORDINANCES IN CON
FLICT ANDAN EFFECTIVE DATE.(1stReading -3/7/00)..„-
*AN ORDINANCE OF THEMAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI,FLORIDA.,RELATING TO'ABAN-
DONEO AND dUNKED VEHICLES;CREATING A NEW SECTION
15.35,1.ENTITLED •NUISANCE DECLARED FOR ABANDONED
VEHICLES*;PROHIBITING STORING,PARKING OR LEAVING
ABANDONED VEHICLES ON PRIVATE PROPERTY;PROVIDING
FOR DEFINITIONS,NOTICE,REMOVAL AND DISPOSITION OF
ABANDONED VEHICLES;PROVIDING FOR ALTERNATIVE REM
EDIES AND IMMUNITY OF CODE ENFORCEMENT OFFICERS
FROM PROSECUTION FOR TRESPASSANDOTHER ACTIONS;.
REPEALING SECTION15.35.1.ENTITLED 'JUNK.WRECKED.
ABANDONED VEHICLES KEEPING ON PRIVATE PROPERTY-
PROHIBITED;REPEALING SECTION 15.3S.2,ENTITLED "SAME -
REMOVAL;NOTICE'.REPEALING SECTION 15.35.3,ENTITLED
•ADOPTION OF STATUS RELATIVE TO ABANDONED.
WRECKEDPROPERTYADOPTEDBYREFERENCE;'REPEAL
ING SECTION 15.35.4.ENTITLED 'SAME-ENFORCEMENT EX
PENSES.CONSTITUTE LIEN iONJ VEHICLE INVIOLATION';AND
REPEALING SECTION 15.35.5.ENTITLED •CITY MANAGER RE
SPONSIBLE FOR IMPLEMENTATION OF SECTIONS 15.35.1
THROUGH 15.35.4*OFTHECITYOFSOUTH MIAMI CODEOF :
ORDINANCES.PROVIDING FOR SEVERABILITY,ORDINANCES j.IN pONFUCT.AJ^I
AN ORDINANCE OFTHEMAYORAND CITY COMMISSION OF
THECITYOF SOUTH MIAMI.FLORIDA.RELATING TO PUBLIC
RECORDS RETENTION SCHEDULE;AMENDING SECTION 2-18
(ftOF THE CITY OFSOUTH MIAMI CODE OFORDINANCES ENTI
TLED 'PHOTOGRAPHING AND DESTRUCTION OF PUBLIC
RECORDS';ADOPTING THE STATE'OF FLORIDA GENERAL
RECORDS SCHEDULE FORSTATEANDLOCAL GOVERNMENT
AGENCIES (SCHEDULE GS1);PROVIDING FOR SEVERABILITY.
ORDINANCES IN CONFLICT,ANDAN EFFECTIVE DATE.(1st
Reading 3/7/00)•
AN ORDINANCE OF THE MAYOR ANDCITY COMMISSION OF
THE CITY OFSOUTH MIAMI.FLORIDA RELATING TOTHEDELE
TION OF SECTION 15-1,AIRCRAFT-MINIMUM ALTITUDE;SEC
TION '15-3,SAME-STUNT OR ACROBATIC FLYING,ANDSECTION15-3,SAME-TRAINING FUGHTS;OFTHE CODE OFORDI
NANCES OFTHE CITY OFSOUTH MIAMI;PROVIDING FOR SEV
ERABILITY,ORDINANCES IN CONFLICT,ANDAN EFFECTIVE
DATEi'(ist.Readinrj •March21 ,2000)—•>-^;"
AN ORDINANCE OF THE •MAVOR AND CITY COMMISSION OF
THE CITY OFSOUTH MIAMI.FLORIDA RELATING TO DELETING
SECTION 15-67 TRAINS OBSTRUCTING STREETS,MAXIMUM
TIME ALLOWABLE;PENALTY:PROVIDING FOR SEVERABILITY
ORDINANCES IN •CONFLICT.AND AN EFFECTIVE DATE.(1st
Reading-March 21;2000)
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THECITYOFSOUTH MIAMI.FLORIDA.RELATING TOLOBBY
ISTS;AMENDING SECTION 8A-5.ENTITLED'LOBBYISTS;REG
ISTRATION ANDREPORTING.EXEMPTI0NS.?OF THECITYOF
•SOUm MIAMI CODE:"REQUIRING REGISTRATIONAND DIS
CLOSURES;PROVIDING PENALTIES;REPEALING SECTION 8A-
6 ENTITLED 'PENALTY FORVIOLATION OF CHAPTER';PRO
VIDING FOR SEVERABILITY,ORDINANCES IN CONFLICT.AND
AN EFFECTIVE DATE.(1stReading-March 21;2Q00)
"*.Said ordinance can beinspected intheCity ClerV8Qffice,;Monday -Fri-
.day during regular office hours.'-.,,'••.:Inquiries concerning this item should bedirected to the City Manager's
office at:663-6338.••,•'.;...••••;.••^•':--_/.
ALLinterested parties are invited toattendand will be heard.
Ronetta Taylor.CMC
City Clerk
,City ol South Miami
Pursuant toFlorida Statutes 286.0105,theCity hereby advises thepub-
•.'••tic that ita person decides lb appeal any decisionmade bythis Board.
.'Aoency or Commission with respect toany matter considered atits meet-mo orhearing;heor she will need arecord ofthe proceedings,and that for
such purpose,affected person may need toensure that averbatim record.'of the proceedings ismade which record includes the testtmony and evi-
•der^upon which theap^^
•-3/30 ••.••'.<••••>•