Loading...
Ordinance 99-3207 ORDINANCE NO. 99-3207 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 106, ENTITLED "TRAFFIC AND VEHICLES" ARTICLE VI, ENTITLED "TOWING AND IMMOBILIZATION OF VEHICLES" OF MIAMI BEACH CITY CODE, AMENDING SECTION 106-269, ENTITLED "IMMOBILIZATION"; AMENDING MAXIMUM FEE REQUIREMENTS; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS,the City of Miami Beach finds and determines that private real property owners may cause the removal of unauthorized vehicles upon their private real property; and WHEREAS,the use of immobilization devices prior to the removal of unauthorized vehicles parked on private property is not prohibited by law; and WHEREAS, a private real property owner, upon proper notice to the public, may require adherence to rules prohibiting unauthorized parking on private property; and WHEREAS, the practice of immobilization upon commercial property is also a commercial venture and an occupation subject to the occupational license requirements of the City and reasonable regulation; and WHEREAS,the City of Miami Beach deems it advisable and in the public interest to enact provisions regulating private real property owners engaged in the act of immobilizing unauthorized vehicles parked on their property prior to requesting and/or arranging for their removal; and WHEREAS, the Mayor and City Commission adopted Ordinance No. 98-3147, establishing a maximum fee ($25.00) for the removal of an immobilization device or until such time as Miami-Dade County has enacted an Ordinance establishing the rna, imum fee to be charged by immobilization contractors; and WHEREAS, Miami-Dade County adopted Resolution No. 694-99 establishing a maximum fee of, $65.00, for the removal of an immobilization device by an immobilization contractor; and WHEREAS, the Administration recommends that the City of Miami Beach maintain the established maximum fee, of $25.00, for the removal of an immobilization device by an immobilization contractor. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. AMENDMENT OF CHAPTER 1064 ARTICLE VI, SECTION 106-269 OF MIAMI BEACH CITY CODE. That Chapter 106, entitled "Traffic and Vehicles"Article VI, entitled"Towing and Immobilization of Vehicles", Section 106-269, entitled "Immobilization" is hereby amended as follows: (a) Occupational license required. No Property Owner or immobilization contractor shall engage in the business of immobilization of motor vehicles parked on private property without permission or authority unless such property owner or immobilization contractor shall first obtain an occupational license in accordance with the procedures set out in Chapter 102 Article V. For purposes of this section, the term "property owner" shall include and refer to the owner, lessee, or controller, person or entity otherwise in control of real property, their agents, servants, or employees. The immobilization contractor shall sometimes be referred to in this section as the "contractor". The term "premises" shall mean the private property owned, controlled or used by a property owner for the parking of motor vehicles as its business or auxiliary to its business. (b) Immobilization license required. No Property Owner or contractor shall engage in the business of immobilization of motor vehicles which are parked on private property without permission or authority unless such property owner or immobilization company shall first apply for and obtain an immobilization license. (c) Requirements for immobilization license. No property owner or immobilization contractor shall be issued an immobilization license under this Section unless there is proof of compliance with each of the following requirements: (1) Notice a. Notice must be prominently placed at each driveway access or curb allowing vehicular access to the property, within five (c) feet from the public right-of-way line. b. The notice must clearly indicate on a sign which meets the identical physical requirements mandated in this article(Article VI - Towing and Immobilization of Vehicles), that parking is reserved for customers only and unauthorized vehicles will be subject to immobilization and/or towing at the owner's expense. 2 c. The notice must also provide the name and telephone number of the • person or firm immobilizing the vehicle, the fee for the removal of the immobilization device, such fee not to exceed a maximum rate as set forth in Appendix A (Twenty-Five Dollars $25.00). unless modified pursuant to the procedures indicated in this artivle,and acceptable methods of payment. Such methods shall include cash, check payable in U.S. funds and credit card. The maximum fee for the removal of the immobilization device shall be effective from the date of adoption of the Ordinance, te-be-eharged by immobilization contractors. d. The notices shall read substantially as follows (with the designated information to be inserted at the indicated spaces): (insert international symbol) ALERT! IMMOBILIZATION/TOW-AWAY ZONE ENTERING PRIVATE PROPERTY PARKING PERMITTED FOR(insert name of property owner) CUSTOMERS ONLY. IF YOU PARK YOUR VEHICLE AND LEAVE THE PREMISES, YOUR VEHICLE WILL BE IMMEDIATELY IMMOBILIZED SUBJECT TO A (insert fee) FEE TO RELEASE VEHICLE OR TOWED AT YOUR EXPENSE. IMMOBILIZATION PERFORMED BY: (insert name, address and telephone number to call to request removal of the immobilization device. e. The sign structure containing the required notices must be permanently installed with the words "Alert. Immobilization/Tow-Away Zone." The sign shall meet the physical requirements contained in this article (Article VI - Towing and Immobilization of Vehicles). (2) Inspection of real property where immobilization is used to enforce parking restrictions: The property owner shall provide access to City Manager or his designee in order to inspect the required signs on premises where immobilization is used to enforce parking restrictions. (3) Notification to owner. Prior to immobilization, the property owner or immobilization contractor's representative shall attempt to notify the owner,operator, or person legally in control of the vehicle to retrieve it promptly or the vehicle will be immobilized. (4) Method of immobilization. Immobilization shall be accomplished by placing a steel boot to the front wheel on the driver's side of the motor vehicle. The steel boot may be placed on any other wheel if placement on the front wheel 3 on the driver's side is not feasible. (5) Warning sign requirement. Upon immobilization, the property owner shall affix a warning notice written in English, Spanish, Portuguese, German and French,on the driver's side window of the vehicle,indicating that the vehicle is immobilized and that any attempt to move it will cause damage, and shall provide the telephone number to contact for release of the immobilization device, and the fee for its removal. The city shall provide the property owner or immobilization contractor with a form copy of the warning sign simultaneously with the issuance of its immobilization license. (6) Availability and response time. The property owner or immobilization contractor shall make available on a 24-hour, seven-days-a- week basis, attendants and equipment for the timely release of the immobilization device. The immobilization contractor is required to remove the immobilization device from the vehicle within thirty (30) minutes of a call for said service by the owner of the immobilized vehicle provided payment to remove the device has been made. (7) Record of contracts. The property owner or immobilization contractor shall file and maintain on record at all times with the City Manager or his designee a list of any and all current written contracts for immobilization services on private real property within the city limits. The list shall be kept current and shall provide the city with(a)the address of the real property; (b)the date of the agreement; © a contact name and telephone number at the premises. (8) Towing/Removal Requirements. An immobilized vehicle shall not remain immobilized on private property for more than 24 hours. After such period of time has expired, the vehicle shall be released from the steel boot and may be towed or removed pursuant to this article, and flo fee shall be assessed for release of the immobilization device. (9) Insurance. The property owner or immobilization contractor shall file with the City's Risk Management Office and have in effect an insurance policy or certificates of insurance in lieu thereof, which shall indemnify or insure the property owner or immobilization contractor for all claims of damage to property resulting from any action or operation in connection with the service performed,such amount 4 not to be less than Twenty Thousand and 00/100 Dollars ($20,000.00) for each incident. (10) Recordkeeping procedures. The property owner or immobilization contractor shall keep an immobilization log with information including but not limited to: date and time the vehicle was observed illegally parked,compliance with subsection (3) of this section, the date and time of immobilization, the location/address of the real property where the immobilization took place, make, model, color and license tag number of the vehicle immobilized. In addition,the immobilization contractor shall include in the log the following release information: verification of vehicle ownership, the name of the person removing steel boot and the name of person requesting tow service, if applicable. All files, records, and logs shall be available for inspection and checking on the subject premises during normal working hours by the City Manager or his designee. (11) Ethics and Conduct The property owner and immobilization contractor shall conduct their business in an orderly, ethical, and business-like manner at all times, and shall use every means to obtain and keep the confidence of the motoring public. All public contact shall be in a courteous and orderly manner. (12) Term of License The term of an occupational license issued under this section shall be in accordance with chapter 102, article V. d. Enforcement. If at any time a property owner or immobiliza;ion contractor shall fail or refuse to comply with, or violates, any of the provisions of this section, such property owner engaging the services of the immobilization contractor shall be subject to prosecution under the city's code enforcement system, in accordance with chapter 30. Additionally, the city may seek injunctive relief and/or follow procedures to revoke 'Ind/o; suspend the occupational license as set forth in section 102-383, 102-384 and 102-385 where there are repeated violations of this article. e. Exemptions. Nothing in this section shall affect the rules and regulations governing any person or firm engaged in the towing and removal of vehicles parked on private property within the city. f. Rebates. The rebate or payment of money or any other valuable consideration, directly or indirectly from the 5 individual or firm immobilizing or removing vehicles to the owners or operators of the premises from which the vehicles are immobilized or removed, for the privilege of immobilizing or removing those vehicles, is prohibited. g. Identification. The immobilization contractor's employees or agents shall wear identification tags stating the full name of the contractor and the name of the employee or agent; no identification worn by contractor's employees or agents shall use the words: "Enforcement","Department.", "Police",or"Parking". Said identification tags shall be prominently displayed on the front left side of the employee or agent's shirt. Contractor's employees or agents shall not wear uniforms that bear resemblance to Police or Parking Department officers in Miami-Dade County. No badges may be worn by immobilization contractor or staff. All contractor vehicles shall display the company name (or name of joint venture, or individual owner or other entity ownership)on the driver and passenger side of the vehicle in letters at least three(3)inches high. The company's address(or address of joint venture, or individual owner or other entity ownership)and telephone number shall be displayed on the driver and passenger side of the vehicle in letters at least one (1) inch high. No contractor shall use the words "Enforcement", "Department", "Police",or"Parking"in its company name(or name of joint venture, fictitious name, or entity name). h. Citizen Complaints The immobilization contractor shall respond in writing to any complaints received by the City Manager or his designee, concerning misconduct on the part of contractor or its employees or agents, such as excessive charges,poor business practices, discourteous service, damage to vehicles, failure to give notice as required by this ordinance. The City Manager or his designee shall notify contractor of any complaints within five (5) business days from receipt of the citizen complaint. Contractor shall provide any additional explanation or information with respect to the particular complaint within five (5) days ur.):,n notification. A written disposition of the complaint will be forwarded to the contractor and the citizen complainant upon completion of the investigation. SECTION 2. AMENDMENT OF CHAPTER 106, ARTICLE VI, SECTION 106-270 OF MIAMI BEACH CITY CODE. That Chapter 106, entitled "Traffic and Vehicles"Article VI, entitled "Towing and Immobilization 6 of Vehicles", Section 106-270, entitled "Penalties" is hereby amended as follows: 1. The City Manager's designee shall enforce the provisions of this Section. This does not preclude other law enforcement agencies from any action as necessary to assure compliance with all applicable laws. If an inspector finds a violation of this Section, the inspector shall issue a notice of violation to the violator as provided in Section 30-71 of the City Code. The notice shall inform the violator of the nature of the violation, amount of fine for which the violator may be liable, instructions and due date for paying the fine,notice that the violation may be appealed by requesting an administrative hearing within ten(10)days after service of the notice of violation, and that failure to do so shall constitute an admission of the violation and waiver of the right to a hearing. 2. Violations shall be issued as follows: a. Fines 1. First offense $100.00 2. Second offense $250.00 3. Third offense $500.00 4. Fourth offense and all subsequent offenses $500 and the City may also revoke the contractor's business license pursuant to the procedures set forth in Section 102-383, 102-384 and 102- 385 of the City Code and may be subject to a suit for injunctive relief to enjoin the operation of the contractor in violation Of this Section. 3. As an additional means for enforcement/collection and supplemental to above, when a notice or record of any past due penalties which became due and payable to the City after the effective date of this Ordinance is recorded in the public records of Miami-Dade County, said notice shall constitute a special assessment lien upon all real and personal propert of the contractor owing such penalties, and shall remain a lien equal in rank and dignity with the lien of ad valorem taxes and shall be superior in rank and dignity to all other liens, encumbrances,titles and claims in, to or against the property involved. Such liens may be foreclosed or levied upon in the manner provided by law. 7 4. In addition to the above, a violation of this Section shall constitute a misdemeanor and shall be punished by imprisonment not to exceed sixty (60) days or by imposition of a fine not to exceed Five Hundred and 00/100 Dollars ($500.00) or both. SECTION 3. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 4. SEVERABILITY. If any section, subsection, clause or provision or part thereof of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 5. CODIFICATION. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of the City of Miami Beach, Florida. The sections of this Ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section", "article," or other appropriate word. SECTION 6. EFFECTIVE DATE. This Ordinance shall take effect on the 2nd day of October , 1999. PASSED and ADOPTED this 22nd day of September , 1999. MAYOR ATTEST: kW) °a,� CITY CLERK APPROVED AS TO F:\PING\$ALL\SAUL\BTORD799.101 FO LANGUAGE & FOR EXECUTION 1st reading 7/21/99 2nd reading 9/22/99 City Attorney Date 8 CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH,FLORIDA 33139 http:\\ci.m iami-beach.fl.us COMMISSION MEMORANDUM NO. 4.3?,_ 1c\ • TO: Mayor Neisen O. Kasdin and DATE: September 22, 1999 Members of the City C mission FROM: Sergio Rodriguez City Manager #11 SUBJECT: AN ORDINAN E OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 106, ENTITLED "TRAFFIC AND VEHICLES" ARTICLE VI, ENTITLED "TOWING AND IMMOBILIZATION OF VEHICLES" OF MIAMI BEACH CITY CODE, AMENDING SECTION 106-269, ENTITLED "IMMOBILIZATION"; AMENDING MAXIMUM FEE REQUIREMENTS; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION Adopt the Ordinance. BACKGROUND: On October 21, 1998, the Mayor and City Commission adopted amendments to Chapter 106, entitled, "Traffic and Vehicles"Article VI, entitled, "Towing and Immobilization of Vehicles" of the Miami Beach City Code, amending Section 106-269, entitled "Immobilization"; requiring immobilization contractors engaged in immobilization of unauthorized vehicles on private property to obtain an occupational license; enacting regulations pertaining to immobilization of unauthorized vehicles; requiring notice; setting rates; requiring insurance; setting record-keeping procedures; amending Appendix "A", entitled "Fee Schedule" of the Miami Beach City Code to include immobilization service; amending same to prohibit rebate or payment of money or other valuable consideration from the contractor, and requiring the contractor to respond within thirty(30)minutes to locations served by the contractor; requiring identification tags to be worn and identification on contractors' vehicles; prohibiting use of words "Enforcement", "Department", "Police", or "Parking"; providing for citizen complaints and amending Section 106-270, entitled, "Penalties"; providing for repealer, severability, codification, and an effective date. The amendments to the Ordinance included a maximum fee ($25.00) for the removal of the immobilization device. The maximum fee was adopted and became effective on the date of adoption of the ordinance or until such time as Miami-Dade County has enacted an Ordinance establishing the maximum fee to be charged by immobilization contractors. Agenda Item R S Date q-2.2--1 120 • ANALYSIS: The Florida Legislature adopted HB (House Bill) 163, amending Florida Statutes 125.0103 and 166.043, empowering municipalities to regulate the towing and immobilization industries. Specifically related to this item, Florida Statute 125.0103 and 166.043 were amended as follows; "...if a municipality chooses to enact an ordinance establishing maximum fees for the towing or immobilization of vehicles as described in paragraph(b),the county's ordinance established under F.S. 125.0103 (and F.S. 166.043) shall not apply within such municipality." City of Miami Beach Ordinance No. 98-3147 established a maximum fee of$25.00 for the removal of an immobilization device. Subsequent to the State Legislature passing HB 163,on June 22, 1999, the Miami-Dade County Commission approved Resolution No. 694-99 establishing a maximum fee of$65.00 for the removal of an immobilization device by an immobilization contractor. The Administration recommends that a maximum fee of $25.00 for the removal of an immobilization device by an immobilization contractor remain in effect in the City of Miami Beach; therefore, it is necessary to amend City of Miami Beach Ordinance No. 98-3147 to again reflect a maximum fee of $25.00 for the removal of an immobilization device by an immobilization contractor. CONCLUSION: The Administration recommends that the Mayor and City Commission approve the Ordinance on second and final public hearing. SRIC�G/SF T:\AGENDA\1999\SEP 1499\REGULAR\BOOTCTY.CME 121 1_, ? \yJ� Miami-Dade County Commissioner Bruno A. Barreiro District 5 - - July 6, 1999 Mayor Neisen O.Kasdin and Members of the City commission 1700 Convention Center Drive Miami Beach,FL 33139 Re:Ordinance relating to towing and immobilization Dear Mayor Kasdin: I am forwarding to you a final copy of the Ordinance relating to towing and immobilization that the Miami-Dade Board of County Commissioners adopted June 22' 1999(Ordinance 99-70). The original ordinance contained language that would have removed from a municipality's jurisdiction,such as Miami Beach,the authority to regulate towing and immobilization. The authority to regulate would have been vested in Miami- Dade County. Through my efforts I moved to have the proposed ordinance amended to allow municipalities the authority to regulate towing and immobilization. It is my belief,this type of regulation is local in nature and that it is best regulated by a municipality. Nonetheless,in the absence of local regulation,then the County should exert jurisdiction. Under,Ordinance 99-70 under Section 30-476(a)The County shall establish the maximum rates for immobilization and towing except where municipalities have established deferring maximum rates to their jurisdiction.Additionally,under Section 30-478 The County shall have jurisdiction to regulate immobilization and towing but shall not apply in any municipality that has adopted and maintains in effect ordinances or regulations governing the same matters. If you have any further questions regarding this issue,you can contact me at my office. S' erely, cbs . anJ(r Bruno A.Barreiro Miami-Dade County Commi sioner District 5 To Commissioners: David Dermer Simon Cruz Susan F.Gottlieb Nancy Liebman Martin Shapiro Jose Smith cc: Sergio Rodriguez,City Manager 111 N.W.First Street,Suite 220 * Miami,FL23§ 28*(305)375-5924 *Fax(305)375-5904 130 RI. 2. 199. 10:434 CGNSJMF.R nu. , IJJ r. of i I MEMORANDUM Amended Substitute Agenda Item No. 4 t C TO: Hon. Chairperson and Members DATE: June 22, 1999 Board of County Commissioners MOM: Robert A. Ginsburg SUBJECT; Ordinance relating to towing County Attorney of motor vehicles 0--99-70 The accompanying ordinance was prepared and placed on the agenda at the request of Commissioner Natacha Seijas Millan, This substitute differs from the original item in that it eliminates the requirement that the rate charged for immobilization be the same as the rate charged for Class A towing_. Rather, these rates will be established by separate resolutions. Additionally, it clarifies various booting service requirements. Finally, the substitute's effective date has been changed to October 1, 1999, in order to coincide with the effective date of amendments to the relevant state statutes which permit municipalities to enact their own maximum rates. By extending the effective date to October 1, 1999, the substitute does not impact existing municipal maximum towing and booting rates. Robert A. Ginsburg County Attorney r 131 Jul. 2. 1999 10:43A14 CONSUIER SElV10Es NO, JId3 r. i • 1 • • MEMORANDUM IVC7-17A rt.owuat•..i rot Honorable Chairperson and Members June 22, 1999 T a Be of Coun Commissioners DATE; SUBJECT: Fiscal impact Statement for Proposed Ordinance relating To Vehicle Immobilization FROM. . R. Stierheim County Manager • The proposed ordinance relating to the regulation of businesses-engaging in the immobilization or motor vehicles creates no fiscal impact on Miami-Dade County. The Consumer Services Department will implement the ordinance on a complaint- driven basis utilizing existing resources. If approved, an administrative order establishing a registration fee will be submitted for consideration at a future meeting. lis • z 132 Jul, 2. l 99 lU:4JkM G@NSJhii!.K l;,n IVU, L. Amended Approved M:yor Substitute Agenda Item No. 4CC) Veto 6.22-99 Override ORDINANCE NO. 9 9-7 0 ORDINANCE RELATING TO TOWING OF MOTOR VEHICLES TO INCLUDE IMMOBILIZATION OF MOTOR VEHICLES; AMENDING SECTION 30-461 PERTAINING TO DEFINITIONS; AMENDING SECTION 30-470 PERTAINING TO RECORDS REQUIRED; AMENDING SECTION 30-476 PERTAINING TO MAXIMUM TOWING AND STORAGE RATES FOR PROVIDING TOW SERVICES AT THE REQUEST OF PROPERTY OWNERS OR POLICE AGENCIES; CREATING SECTION 8A-479 PERTAINING TO REQUIREMENTS FOR IMMOBILIZING VEHICLES WITHOUT PRIOR CONSENT OF VEHICLE OWNER OR DULY • AUTHORIZED DRIVER OF VEHICLE; AMENDING SECTION 8CC-I0 TO PROVIDE PENALTIES; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA: Section 1. Article III of Chapter 30 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:' Article III. TOWING OF MOTOR VEHICLES Scc, 30-461. Definitions, • For the purposes of this article, the following definitions shall apply: * * Words gh and/or [(double bracketed)] shall be deleted. Words underscored and/or>>double arrowed<< constitute the amendment proposed. Remaining provisions are now in effect and remain unchanged. J:ORDUOIA 3 133 Jul c. IJJ,t 1u:44 t I.l'1VJJf+1Lr. JrACV1utt; 1VU. J17J 1 a ii Amended Substitute • Agenda Item No.4(C) Page 2 >>( ) Immobilization, immobilize or immobilizing, also knQ as boot or booting, shall mean Jhe act of placing_ an a parked vehicle_a mechanical device that is designed to be ched o the whel1 or tire so : to , shibit i usual manner of movement.<< (6) Express Instruction shall mean a clear, definite and explicit request: (a) Made in writing by a police 'officer to >imCnobilize,<< recover, tow, remove or store a specific and individual vehicle which is disabled or abandoned or parked without authorization, or whose operator is unable or unwilling to remove the vehicle; (b) Made in writing by a property owner or duly authorized agent of the property owner to • >>immobilize,<< recover, tow, remove or store a specific and individual vehicle parked without permission of the property owner, however, such property owner or agent shall not be the person requested to »immobilize,«recover, tow, remove or store the vehicle or an employee or agent thereof, or * * * Sec.30-470. Records required. Each [[licensee]] >>person regulated<< under this article shall maintain accurate and complete records of all financial and operating information as the CSD may require, including but not limited to manifests or trip records, invoices and statements for services rendered, and records of payments for services rendered. Such records shall be maintained in >>Miami-<<Dade County for • at least three (3) years. The CST) shall be granted access to these records for inspection or copying, upon five (5) days' prior notice and during regular business hours. All records and information inspected and not copied shall be confidential, except that records may be copied or made public for the purpose of license suspension or revocation proceedings. 134 ,Jul. 2. 1990 10:44AM CONSOLik SEvtt,k,s ito, s1a3 r. .9( Ii Amended Substitute Agenda Item No. 4(C) Page 3 • * Sec. 30-476, Maximum »1mtnabilization,« towing and storage rates for providing »immohnization«or tow serYiccs at the request of property owners or police agencies. (a) The Commission shall by resolution, establish maximum rates for providing ?7immobilization,« recovery, towing, removal and storage services at the request of a police agency, or a property owner or authorized representative, without the prior consent of the vehicle owner or other authorized person in control of the vehicle. The maximum rates established shall be uniform throughout »Miami-«Dade County, both in incorporated and unincorporated areas, except where municipalities», pursU nt to Sections I25.0103 and 166.043? Florida Statutes,« have established differing maximum rates for their jurisdictions. From time to time, the »maximum« rates established by the Commission may be altered, revised, increased or decreased. Sec.30-478, Scope of Article. The provisions of this article shall be the exclusive regulations , applicable to the >>itnroghilization,«recovery, towing and removal of vehicles in >>Miami-<<Dade County and all storage provided therewith; except that Section 30-473, "Towing Without the Prior Consent of the Vehicle Owner or Duly Authorized Driver of Vehicle," Section 30-474 "Requirements for Providing Tow Services at Request of Property Owners," [[and]] Section 30-475 "Requirements for Property Owners Requesting Tows From Property," >>and Section 30.479 "Requirements for immobilizing vehicles without prior consent of vehicle owner or duly authorized driver of vehicle "<< shall not apply in any municipality that has adopted and maintains in effect ordinances or regulations governing the same matters. Except as provided by this section. the regulations established by this article shall be applicable throughout >>Miami-«Dade County both in the Incorporated and unincorporated areas without regard to municipal boundaries, and shall not be subject to modification by any municipality. >>The 135 Jul. 2. 1J9E 1U:44!M CGNSJMEK SKhVI;;KS tvu, I. .tier Amended Substitute Agenda Item No. 4(C) Page 4 provisions of this article shall not_apply_to the immobilization of a • .r • i le b ; •o -rnmntala.-n or ser •n acti to direction of a govemni ntal agency, when such immobilization is authorized by &court order.<< >>Sec. 30-479. Requirements _Cor i lei without prior consent of vehicle owner or' duly putharizcd driver of vehicle. It is unlawful for a person providing immobilization services to immobilize a vehicle owned by another person which is parked on .rivate • • • - without •- .is' •, • ; .1 • ' .f he owner or duly ,authorized driver ,of that vehicle. unless the following fegvirem�nts are satisfied: (1) The vehicl. _ ,; . 'a 1• as • • prominently posted on the property on which the vehicle is immobilized in accordance with the requirements set fort in Sec. 30-474 (a)fl) of the Code of Miami-Dade County, • Florida. The text of the notice shall clearly display, in light reflective - -r en a contrastin• back. •and the • Lwin• information; In letters at least two (2) inches high that unauthorized vehicles will be immobilized or towel away and the owners expense; In not less than four (4) inches high the words immobilization/tow away zone; c. In letters at least two (2) inches high the days of the week and hours of the_day during which vehicles will be booted; d. In letters at least one(1) inch high the fee to unboot the vehicle; In letters at least one (1 inch high the nattte and address of the rperson performing the 'booting service; J:,onnuoz< 136 Jul. 2. 111.459M UUNSJI4th 1Yo, Jry;, r, .0 it Amended Substitute Agenda Item No. 4(C) Page 5 in letters at least two (2) inches high the teleghone number to call and the on-site location (if applicable) where a person can go to request the gLibooting of thc y bicic; and g In letters at least three-fourths pf an inch him- CONSUMER SERVICES DEPARTMENT COMPLAINT NUMBER: (insert current telephone number)_ (21 The vehicle is not occu i by a living natural person ar animal. The vehicle may not be a police fire fighti rescue squad, ambulance or other emergency vehicle marked as such. a) The persons providing the immobilization service shall comply with §30-468 and §30-474(b) of this article. (5) Immobilization shall be accomplished by placing a steel boot on _the front wheel of the drivers side of the motor vehicle. The steel boot may be placed on any other wheel if placement on the front wheel on the driver side is not feasible. (6) Immediately after a vehicle is booted, the person booting such vehicle, the owner of the property where such vehicle was booted, pr en employee or agent of such person or owner, shall affix et thc rearmost portion of the window adjacent to the driver's seat_ofsuch vehicle, a sticker with a completely removable adhesive, measuring eight and one-half by eleven inches containing a warning that any attempt to move the vehicle may result in damage to the vehicle, and stating the name and business address of the person who booted such vhe icle as well as a business • telephone number which will facilitate the dispatch of personnel responsible for removing the boot. (7) No release or waiver of any kind purporting to limit or avoid liability for damages to a vehicle that has been booted shall be valid, In addition, any person who booted a vehicle, or other person authorized to accept payment of !:ORDISO2A 137 Jul, Z. lU:4U.M COlib kit tru, ii r. ..;/ Amended Substitute Agenda Item No. 4(C) Page 6 any charg-es for such booting.shall provide a signed receipt to the individual paying the booting charges at the ,time such charges are paid, Such receipt shall state the name, business address,and business telephone number_of the person who has booted such vehicle, and such receipt shall include a te(gphone number of the office within the Consumer Services_Department responsible for receiving complaints with respect to booting No charge shall be imposedfor the booting of a vehicle unless and until the requirements of this section have been met and arty such unlawfitl charge shall be reimbursed by any_person found to have violated this section. (9) Any person who had booted a vehicle shall release such vehicle as soon as practical, but not to exceed thirty (30) minutes of receiving a request for such vehicle's release; provided however, that payment of any charge for booting is made at or prior to the time of such vehicle's release, • The owner or person in control of a vehicle which has been booted shall be permitted to pay any charge for booting at the location where such vehicle was booted and the person receiving payment for booting services shall accept payment for charges from theowner or duly authorized representative in accordance with the provisions of Section_ 30-473 (k)of the Code of Miami-Dade County,Florida. (10) A person may not charge more than the maximum fee established pursuant t_o Sec. 30-476. 11 The_rebate or repayment of money or any other valuable consideration directly or indirectly fr9m_the individual or firm booting vehicles to the owners or operators of the premises from which the vehicles are immobilized, for the pd1Yil maimmobil g.to, vehicles is,pri hibited (12) The empisees or.agents of the booting business shall wear identification tags stating the full name of the booting busin_e_y_S ttnd the name of the employee or agent: no identification worn by the booting business' employees or agents shall use the words: "Enforcement," "Department," or "Police." Said identification tags shall be prominently displayed on the front left side of the employee or amt's r:eabvou 138 .JV, ..,• ..,._ .. ..., Amended Substitute Agenda Item No. 4(C) Page 7 shirt- •II bootin, busin- vehicles shall dis•la t e company name (or name of joirn venture, ol_ind dua owner or other emit ownershi• .n the driver and passenger side of the vehicle in letters at least three Q) inches hi:h. The com•an 's address ar :ddr s of '.int venture, or individualowner nor other ent;ty owncrsb��ad telephone number shall.be displayed on the driver and passenger 'sde of the vehicle in letters at least one (11 inch high. No booting business shall use the words "Enforcement " "De•artment " •r "Police " in its a. vertising_ signs- stickers or identifications. (13) .._ 4 •- .f WI• •' t•tN ••s• •.• �� . • -r ' • . w -sten . tri • e owner .f • ' . . •• is t• authorizes the person to immobilize vehicles on their property. Each contact that is in effect or that was terminated within the previous twelve months must be kept on file. The CSD, law enforcement officers, and the owner of the vehicle that was immobilized may inspect and cony such contract during business hours, (14) Any person who improperly causes a vehicle to be immobilized shall be liable to the vehicle owner or his Authorized representative for the cost of the services provided, any damages results from the immobilization, and the immobilization and attorney's fees. (ill The business providing the booting, service shall first obtain and_maintain a current and valid license issued by the Director in accordance with section 30-463 (a), (b) 1-9 and 11-15 and subject to the_provisions in Section 30-464 and 30-466 (any reference in these sections to towing shall mean "immobilization" or"booting") (16) The individual person who j employed to perform the boQting service has first obtained and maintains a permit issued by the Director in accordance with Section 30-363 (a) (b) (11 (9). (1 I).(l 2)(131 and(151 and subject to_the provisions in Section 30.-464 and 30-466 (any reference to towing license shall mean "immobilization permit"). • J:{OR P'iJOZ! lam' 139 - Jul. 2. 199 10:46AM CcNSJMIi.R Ameneru i ( r. ." i Substitute Agenda Item No. 4(C) Page 8 (17) he bush -ss .ro . . p- bootin• - ■ ' - .rries . . - 1 - • 1• . .,-1! 101 It 'p .:•" ' '1 • 1 which mill soy`er an dy amage to the vehicle. (18) The business providing the booting service must comely with Section 30-462 (a) and 30-470-Lof this article (any reference in these sections to towing shall mean "immobilization" or"booting"). (19) Per .n. wit. provide services .ursuant to this section shall not use profane language. physical force or'violence or threats of physical force or violence in dealing with the individuals responsible for administering this article or individuals who have had or are _about to have their vehicles booted or immobilized. (20) Per en whs .revide service . Yin . his ,&i.n shall maintain a place of business. The place of business shall have a sign that clearly and conspicuously identifies the business to the public: and ofncc apace that has at !cast one person on duty from 8:00 a-m. until 6:00 p,m.. MQnday through Friday, to answer telephone calls and to be open to serve the public and records requests made pursuant to Section 30-470. However, the office may be closed to observe all holidays ohjerved by Miami-Dade County tovemment. The lace of business hall m.int,in telephone cornmunication synein toinswer telephone calls f t n the public twent - .- 4 h. . .: issued by the Director shall be prominently displayed to tht public at said business location.<< • Section 2. Section 8CC-l0 of the Dade County Code is hereby amended to read as follows: J ORDuQZl 10 140 ,Jul. Z. 1;►99 1U:4b1,14 GUNSUMLK _r xv 1C,E5 Amended Substitute Agenda Item No. 4(C) Page 9 Code Sections Description of Violation Civil Penalty »30-479 Failure to satisfy immobilization $50.0.00« N requirements • t Section_3. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity. Section 4. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance, including any sunset provision, shall become and be made a part of the Code of Miami-Dade County, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word. scction 5. This ordinance shall become effective October 1, 1999 unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board. Section 6. This ordinance does not contain a sunset provision, but shall be reviewed by the Board of County Commissioners one year from its effective date, PASSED AND ADOPTED: JUN 1999 Approved by County Attorney as to form and legal sufficiency: Prepared by: t/ Sponsored by Commissioner Natacha Scijas Millan .lrbRDU024 If 141 .Jul. t. 1d 1U:4b41 GI.'NJJI?1 K )txviaLiu, J( o f. . riir STATE OF FLORIDA ) DADE COUNTY ) SS: I, HARVEY RUTIN, Clerk of the Circuit Court in and for Dade County, Florida, and Ex-Officio Clerk of the Board of County Commissioners of said County, DO HEREBY CERTIFY that the above foregoing is a true and correct COPY OF ORDINANCE 99-70 PASSED AND ADOPTED JUNE 22, 1999 as appears of record. IN WITNESS WHEREOF, 1 have hereunto set my hand and official seal on this 30th day of JUNE A.D. 1999_ HARVEY RDVIN, Clerk Board of county Commissioners Dade County, Florida r J 4/ . BY Adlik--....d..., ..rillillftrAllillir •••• ••V11164, Deputy Clerk -i COrbeie' ,trC� t AQ tp ;1;4. Q • S... + t . . 2: (dit4' 54, • • Board of County Commissioners Dade County, Florida 142 Jul, 2. 1999 10:42AM CGNSJME_R SERVICES 1 O, s I D r. c/ 11 MEMORANDUM • Amended Agenda Item No. 6(C)(2)(A) TO: Hon. Chairperson and Members DATE June 22, 1999 Board of County Commissioners FROM: Robert A. Ginsburg SUBJECT: Maximum rate for removal of County Attorney booting device R-694-99 The accompanying resolution was prepared and placed on the agenda at the request of Commissioner Natacha Seijas Millan_ Robert A. Ginsburg County Attorney • B.AGlbw • • • 143 Jul. 2. i 9. 10:42AM CGNSJWK 110. JIJJ f. J/ 1 r Approved — Mkvor Amende... Agenda Item No. 6 (C) ( 2 ) (A) Veto 6-22-99 •;rftCtfiL FILE GOYY Override CLERK OF THE BOARD F COUNTYCOMMISSIONER� DUDE COUNTY. FLORIDA j.ESOI,UTION NO. 694-99 RESOLUTION ESTABLISHING MAXIMUM RATE FOR THE REMOVAL OF AN IMMOBILIZATION OR BOOTING DEVICE ATTACHED TO A VEHICLE WITHOUT THE PRIOR CONSENT OF Tim OWNER ,,OR OPERATOR OF THE VEHICLE WHEREAS,Sections 125.0103 (1)(c) and 166.043 (1)(c) of the Florida Statutes require counties to establish maximum rates which may be charged for the immobilization of vehicles on private property;and WHEREAS,this hoard has determined that the maximum rate as set forth in this resolution is in the public interest, NOW, THEREFORE,BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DAI)E COUNTY,FLORIDA, that: Section 1. The maximum rate for the removal of an immobilization or booting device attached to a vehicle without the prior consent of the vehicle's owner or the duly authorized driver of the vehicle is hereby established as follows: Removal of Immobilization or Booting Device a. Removal rate $65.00 . b. Removal rate where immobilization or booting device operator is still at scene $32.50 • Section 2, The maximum rate prescribed herein shall be effective October 1, 1999. Section 3. The rate shall be reviewed by the Board of County Commissioners one year from the effective date. 144 Jul. 2. 1999 10:42?14 CCNSJ1 ER 3EhVl ES No, J I90 r. 4/ i i Amended Agenda Item No. 6(C)(2)(A) Page No. 2 The foregoing resolution was sponsored by Commissioner Natacha Seijas Ivfiillan and offered by Commissioner /Tat:.acha Sojas M11 lsn , who moved its adoption- The motion was seconded by Commissioner Katy Sorenson and upon being put to a vote, the vote was as follows: Dr_Miriam Alonso absent Bruno A. Barreiro *We Dr. Barbara M. Carey-Shuler aye Miguel Diaz de la Portilla rlaY Betty T. Ferguson Erie Gwen Margolis naY Natacha Seijas Milian 113re Jimmy L. Morales nay Dennis C. Moss aye Pedro Rebored° DaY Dorrin D. Rolle nay Katy Sorenson aYe Javier D. Souto absent The Chairperson thereupon declared the resolution duly passed and adopted this 22nd day of June, 1999, This resolution shall become effective ten(10)days after the date of its adoption unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board. ••' M • MIAMI-DADE COUNTY, FLORIDA M�s'ti 00 . sr t BY ITS BOARD OF COUNTY � a u�rr COMMISSIONERS '1.°0 (o R 5 HARVEY RUVIN, CLERK .•� * * KAY SULLIVAN Approved by County Attorney as By: to form and legal sufficiency. Deputy Clerk 3 145 Jul. 2. 1999 10:42A{ CONSUMJ;K ,1 141L S NO. tId'J 1 STATE OF FLORIDA ) ) ss, COUNTY OF DADE ) I . HARVEY RUVI N, clerk of the Circuit Court in and for Dade County, Florida, and Ex-Officio Clerk of the Board Of COUnty Connissloners of said County. 120 HEREBY CERTIFY that the above and foregoing is a true and Correct copy of Resolution Ab. 1694-99 , adopted by the said board Of County Oirm i ss f an?rs at f is meeting held ort °Jae22' 19 99 IN WITNESSWIERE0F,. I have hereunto set my hand and official seal on this 29th day of June • - , A.D. 19 99 • . �GGMMJF,. HARVEY FL.W1N, Cler �•� -/6.11, � Board of County +. lsslonere dlkU O 4 Dade Coupty, Fl• Ida n COUNTY m • . poi Op �: ay r:: y Clerk SEAL Board of County Corm i ss 1 oners Cede county, Florida CL.UICt 587 3/93 r.w 146 Al, L. Iddt IU.4UtM UuIOJEJ, JL11rivL'6 nv, �iuv . , STATE OF FLORIDA ) DADE COUNTY ) SS: 1 I, HARVEY RUVIN, Clerk of the Circuit Court in and for Dade County, Florida, and Ex-Officio Clerk of the Board of County Commissioners of said County, DO HEREBY CERTIFY that the above foregoing is a true and correct COPY OF ORDINANCE 99-70 PASSED FIND ADOPTED TUNE 22, 1999 ' as appears of record. IN WITNESS WHEREOF, I have hereunto set my hand and official acal on this 30th day of JUNE A.D. 1999_ HARVEY RUVIN, Clerk Board of County Commiusionera Dade County, Florida Jr A/. 411,/,,,,,e. By `—.:-.s _..riIlldk.r.o-4Illir •,•W4d';.• idl" ' Deputy Clerk MI)5 Sr*•e * op4C. • Board of County Commissioners Dade County, Florida 147 ENROLLED 1999 LErlic3latc.ie CS/CS/HB 163, Second Engrossed 1 2 An ac:I rr'.1a . .rty t:,r 1nc:dl yovttrnment code 3 onfr)_'celrent; amending s. 1;'5.69, 4 providing an exception from certain notice 5 requirements under certain circtamstances; 6 requiring owners of property subject to an ent ,rcement proceeding ._o disclose certain 8 infoLrtation prior to transtler of such property; 9 creating a pren1mpti or et =rrurl •order certain 10 aireumstanccs; nuthori7ing ;octal cjover incl 1. 'rodicn to make oertnir repo i ro under ce L:.dirt 12 c1 rcumstonce:;; provldirtg Leu absence of' 13 liability ter such *-etlai rc under celtaint 14 circumstances; amending s. 162.03, F.s.; 15 specifying the sLaLus of special masters; 16 amerldirlr. s. 162.04, F.5.; revising a 17 definition; amending s. 162.06, F.S_; requiring 18 owners of property subject re enforcement 19 proceedings to provide riiselo'ure and notice to [a proopective tranUfervro under Cer_ein 21 ciieucnstanwes; providing a rebuttable 22 presumption; prcvidi[fc for continuation of 23 enforcement proceedings under cert.air. 24 circimstancns; providing procedures; amend'ng 2S n. 162.09, F.S.; spe<::ityin:: ti-at certain 26 . actions Laken by a local government. do riot 27 create conLinuinq obliyalions or. liabilities 20 under certz,l n ci re-:rmr;tonce:z; z nthori t i ng 29 cJeLtain courrtiee or tiiurici:',aiitieo to adopt 30 crrciina:rc_ua ycantiny code enforcement boards or 31 special masters authority to inpose certain CODINC:Wr,rda at-r-fc.kn arc delet:icn:.; wordm underlined arc additionw. ZO'd VOSS8E55OE onoC T dZS; ZO 66-8o-L^C 148 E N RCLLE E) 1999 I,eg_slature C'S/cS14Ip 163, Second L•ngres.v.ied 1 Lines in caxcs4;1G9 of thonr. nut '•sor.ized ny law; 2 spec:i fyir g limitati c,n.;; psovidinq sequ i Cements; 3 "ci rifyiny enforcement of orders imposing 4 curtain rine,, or costs; amending s. 162.12, 5 le.S.; revising preseribee methods for provi dinq certain notices; clari tyiuy the time period for 7 posting eel Lain notices; amending c. 162.23, ft F.S.; providing an Heist; L`-onal exception Lo 9 requirements to provide reasonable Lime to 10 correct violations under eprzain circumstances/ 11 amending s.. 125.O10.i and 166.043, r.5. i 12 auLhorizir.g local yovernment_$ lc: enact public 13 service nates for certain acL_viLi s; providing 11 for inr,ppiicdbility of county rates tor such 15 .cctivi:ies in certain nn nicipa lities; providing 16 severability; providing an effective date. 1 / 111 WHEREAS, Florida's orocedures for local government code 19 enforcement are Leant tc secure E;i.eedy compliance with local 1.:: ccdea and orrlinincQs while protecting the rights of property 21 owners and roe public health, :1,afe:.y, and welfare, and 22 WEERE S, tate procaci!rre?n set forth in chapter 162, 23 Florida 3tatutes, contain several a_rernatiye methods of code 24 enforcement for local governments -o choose from, but the 25 choices are in need of some clarification regarding 26 legislative intent, and 27 WHEREAS, it was inLendcd by the Legislature that '_he 21 procedure for a special master or henries_; officer wan to be in 29 it respects the eagjivalent at the r,rcoedure far a code 30 entozooment hoard, and 31 CODINGtWoLd, striri,.,.r are deleLions; word✓, ueidezlineo are cdd_Liuns. EO"d VOSS8ESSOE IDC W s1= a1A-1-mS uesob dES ; ZO 66-80-LHC 149 ENROLLKO t 1999 Legislature C:IC$/H)3 163, Sneond Enytos3ed 1 WflF',RS:;AS, auhstanti n I ;Sr:.1,yy ,iaa been encountered in code 2 cutr:rceme_nt picc eed i:id s when tt e owner of a noncomplying 'i pt cher L y Lrann to re 1 ownership to a third party, with some 9 local governments being x.^cui red to begin the ontite code 5 enfoteeruent proses i till over agr.in with respect to the new 6 owrneL, which was not. the in-ont of the Legislature, and 7 TiIFRREAS, scree local governmontn have been reluctant te:,: 3 use their power Lo repair unsafe noncomplying properly hecalise 9 of c:mcerns about. th7ure liability, .and 10 WHEREAS, cant i nq a prosu_npr:nn of tec:eipt of a notice 11 *Heir by c:arti-i ed mail, return re=.;^e_pt iedue;ted, when 12 oroper:_y addre6nen to the . wner, ;nor, Id alleviate the current problem of vloiat[u's evading or c7LedLiy delaying Code 14 enforcement proceedings by refu:,i ruj Lc sign tor such notice, 15 and 16 WHI•:RE'AS, some :local governments are oonsLluir:g tan 17 posting prOcedure contained ir. s. t62.12(2) , Florida Statutes, 18 <i;i mandating that they must prove that I e notice so posted 19 wan c'.oiitLnuuu::ly prenc?rt for the entire 1O-day posting poriod, >l) and some violator:3 were fruit r t'.ng the intent nr the r'osLitica 21 l:roviaion by removing) and tie ret ng the posted notice before 22 Lite 10 days h,7d expired, wYl cit was nut the inten7 of the 23 Legislature, and 24 WIi REA;, it is Lhe intent of the Leyisla7.ure to cure 25 the zmhi get i,l,i es and loophc7 i es in chapter 162, Florida 26 Statute.,, j..lsl described, NOW, THEREFORE, 21 28 Fie 1 : Enacted by the Let)is<_aluro of the? ^ta Le of F'1crida: 29 0 Lection J . fiohse.c:tian (2) at afiv:t ior; 125.69, For i cl,,i SLaLulet, 1998 Suppiernenl, _i amender. to LBacI: i CODING:Wtords s-ci ic;cc:rr ,are de1e:_orw; wnrr:a underlined are :additions. 170 d 1709513E550E ®nor 'i. ue,5DJ dES = ZO 66-SO-L ne 150 KNE01,1.o0 1999 Legislature (Vc! /HB 16:1, Socond b:ngroased 1 12h.69 Pent-al:leo; onforcement. by rode inapeoLorm. 2 (2) The hoacd or ccinty comm'asioners or each county\ • may desgnate its atjent or employees an code inspectors whose 4 duty it j:.11 dssule coce compliance. Any person de•Ogna'.ed 5 cl6 a code inspe(;tui may insue citations tor violaL.Lons of 6 ceunty codes dud ordinances, respcctively, or subsequent 7 amendments thereto, when such cede inspecuoi has actual B knowledge that a violation hds been committed. 9 (a) Prior to .ssuine a C:ir,itiOn, d code inspector 10 shnl ! provide notire to Lhe violator thaL the violator has 11 conuldLLed a violation ()I a code or crLiinanco and :hall 12 establiat a reaaonocle CilLe period w1thin which the violdLor 1 must correct the violation. Such lime period LI be no morn 14 thin JO days. It, Apon personal investi:Jalion, n code 15 inspector finds thclL the vie tor has not corrected Lhe 16 viol171on within the time pelicd, a cede inspector may innne a 17 citation to the violaLo.t. A code inspector does not have Le 18 pLovide the violator with a reasonable Lime period to correct 19 the viola-ion prior Lu issiinc! a citation and may immediately 20 i'kmue a cital...• on if the cock inspector has reason to believe 21 that the violation pie2enta a scricua threat to the public 22 health, nefety, of welfarc, or 1t the violation is irrepaiable 23 ox irroversih-e. 24 (b) A citation issled by a code inspector stall state 25 the date and Ijme of issbarien, :.awe and address of the person 26 -!ri violation, date othe violation, section of the codes or 2 / ordinances, or subsequent amenaments ther.elo, violated, same 28 of he code inspector, and date and time when the violator 29 hall appear in oounly court. AO ic) If a repeal violation is four•Ll aubacquent to the 31 iaeuunce of a oitatjun, the code Insoector is nor lequired to CODING:Words: are dolotlons; wordy underlined ure additions. 90-d DOSSSESSOE m^ur W sc9,1q4mS utt'scrd dES ; ZO 66-130-Lr 151 Et1R01,14.D 1899 Legislofuvo csics/un 1 Second Engfos:,red 1 give the v:Lyldlor rcasouable time to Correct trio viOlalion ? and may immediately isuo a citation. For purposes of 1.hifl \ 3 subsenton, Lhe term "repeat violation" means a violation of a 4 Loi of a code oxoLdLnanco by a person who has 5 previously been found to have violated the same provision 6 within 5 years prior to Lhe violation, notwthstandinq the 7 violations occurred at different locations. 8 (d) If the owner 9f ploperty which is subject to an D entorcoment p....„2p:eeding befor county eour.r: lfanstors owherhip 10 of such piop.nrty Inofwr?en the time the iniLial citation or 1 ] citation:1 are r.3c*,red and the dale :Ate vio/ator has been 1?, 6uflurro13ed to appeal. in county court, such ownersndll: 13 1 . Disclose, in wriL:fly, the cixistence ana thn nature 14 11_1(1212f2tDfly to the propective transferee. 15 2. Deliver to the pfospectivo transferee a copy Of. the 16 bleading , notices, and other mateilals relating to Lhe county 17 court proceedinc received by the transteur. 18 D. DI.sclose, inwriLing, to thgtzaltiliective rrzinforee 19 that. the new owr1;:f: will be -c:sponGible for compliance with the 20 applicable code...and with ordeLs .i. aued in the county"court 21 Fioceoding. 22 i .e a notice with Lhe code enforcement official of 23 the t-an;$fer of the property, wiLn the ideffty and address of 24 the new owneL and copies oE the discAosnres made to the new 2h owner, within !) days after the de7e of the Ltansfer. 2 27 A failure to i:iak the disclonLte desclied ir subparagraphs 28 L , 2. , and 3_ before the frrIchfc4, 1:1:4:.W_e:4 a rebuttabk1 2,9 plewumption of fraud. Ii the prenerty .1:anoterred brrefore 30 the date the viclapi EMN bacr *,,,mmorl5d to appear Ir 31 court, the oroyeding swiAt not bedismisseo but the new ownel CODINC:Wuzdu atticke -r mr.s eelelione; words underlined ate addfions. 90-d 170998ESSOE mrtor se, 41.ms ue,s011 dES ; ZO 66-80-Lnc 152 • • • • ENROLLED 1q44 Loglt.4.1aturo CS/Cn/HR 1G3, Second i-ogroaared 1 will 'ce nubntituted as the party ofrecord ano thereafter provided a reasonable periodot time ic: correct the violLitit. 3 before thc continuation ot upceedings in county court. 4 (el TV the code inspector has reason to believe a violation or che cor:dition cusjug the violatiou_prements a 6 ser.i.ous tnrenr to Lhe public health, safety, and weltare CO it 1 the violation Ls irreparable or iireverniple in nature, of if 8 after attmpl..i, under this Seclion to bring a repeat violLIon 9 into compl;Laece with a proviEion of a oode or ordinanc:e provr! 10 unauccs:3ful, the loca.1 governing body may make 01: reasonable 11 rt!loaize which are required fo hi-in( the property 12 eompllanue and cnarge the owner Wch the Leasonaole cost of 13 the repairs along with the fine imposed pursuant ro this 14 section. Making such 1:epats does nor create a continuing 1S obligation on the fL of the Inc)1 gcvetning body Lc make 16 further. Lepairs or to mainta::n thA pToperLy and doen not 17 create any liability against the local governing hod V fur aLy 18 damages to the uroperly if such repairs were romt11,41ted in good 19 faitn_ 20 ;f1 (.c)- Nothing in zhi3 aubauction f3hall be comitroed 21 to authorize any person designated as a code inspector to 22 petfom any function Or. of r law enforcement otftcer 23 other than an npecified in thin sJUseclion. A code inspector 24 &h11 not ma:ce physical arrests or take any person into 2! custody arld nhall he exempt from requirements relating to the 2.( Special Risk ClaGs U . the Florida Retirement Syscem, 27 and the Criminal justice Stanaards and Training Commission, as 28 defined and provided by (34.?neral law. 24 (q) (d) The provisiona of thin svb3eociou shall not 30 apply Lu Lice enforcemenL purl:want ro os. 553.79 and !)!).1.[10 cf 31 building codes adopted pursuant to s. ssi.73 as They apply to 6 CODING!Wordr. 7.1d=iciteet are deletione; wards underlined arc andirions, £C)-cl 170958E550E ennor simq.!_ms uoscrm cIVS ;ZO 66-130-LE' 153 • • P.NFc71'.I.E.;D 1099 =,cg_.^.I.;t;2 r ei CJ/CS/EB 103, ttecond Engrossed 1 construction, l:ic:vided that e building permit is either not 2 required or has been issuer.' by the county. Por the purpose, 3 of this paragraph, "building codes" means only those codes 4 adopt.ed '•pursuant to 5. 553.73. 5 (h fer}- The provisions of thi'_ subset-icon may be u:,nd 6 by a county in lieu of the provisions of part. 11. of chapter '1 M.. B ( :.)—- - The provisions of thi:; sui:se::t'_on aro 0 additional or :;upp1Httteatal means of e_nforcimi ouILy coden and 10 nrdinurtcc:r. Ere er7 as provided in ! aiagraph :h) (-t1,-)-, nctb_ng in • 11. Ibis subsection shall prohibit a county from enforcing its 12 codes or ordinances by any other means_ 13 Sect nn 2. Subsection (2) of section 162.C3, 1.'lor_;dt 1 .1 SteLuZes, in amended to read: 15 162.03 Applicabilty.-- 16 (2) A c:haLLex county, a noncitartcr county, or a 17 utuni:ipality may, by ordinonwe, adopt an n' te naL•e cock 18 c:rtfor rn:Qnt !;:ysLem which c:jives code nn1oroement hoard oL 19 rr,ce i.-,l maatern demi gnaLed by the Local governing body, vi 20 both, LLe authority to hold hearing* and assts., t 1 nes against 21 vio1aiots of the re ;pective county ctr municipal code.^., and 22 cordinances. A special mn.,tef shall have rhe same status a, an 23 enforcement board under this chapter. References in thin 21 chapter to an er.for•rrement board, except_ in s. 162.0!,, ;;ct.all 25 include a special master if t-}.e context hermits. 26 Section 3. Sub_:ereLion (5) of seeticut 1G2.CL, Flo `,-dot 2.7 Statutes, is amended to read! 213 (5) "Rope,:,t violation" menno at violation of n 29 provi.s on of a c;odn or o)J.i[tancc by a person w1i;, wtccrm the CCtte 30 t•:,if.,. c::entet,L aL. ha:3 been previot:>ly round Lhrough a code 31 enforcement board or any oLher Quasi-judicial or judicial CODINCIriiords are delet._on:; word3 undeLlined are additions. 130-d VOS58ES9OE onoC T tsn,1q.'-rvmS L.147:1 dDS : ZO 66- 3O-LC 154 ENHOkhED 1999 Leg?.rflate CS/CS/EM 1 (i3, 8eLlond Engro3sed 1 ploccna,to have violated or who has admitted violating. the 2 sdme provision within 5 year:; prior to the violation, 3 notwithstanding tho vioiations occur at different locations. • 4 15,ection 4. :lubseCtion (5) is added to secrioh 162.06; 5 Florida :,tatuLes, to read: 6 ' 62.06 EntorceMent. p.ocednre.--- / If the owieK of prapetty which is subject...2.o an 8 entorceri.ent. proceeding before r_n eifoicement boord, spocia_ 9 masLer, or court Ltanofern ownoiship of ouch property between 1..he Lime the iflVZ1.L1 pleading Wt:B seivcd rind the Lime of .he 11 hearing, ouch owner snail; 12 (a) Disclose, in writing! the oxisTlence and the nature 13 of the proceeding to the prospective transferee. 14 (b) Delj.vei to the pc,ospective transferee a copy of 15 the pleadinys, notices, and other materials relating to lhe 15 code enforcement precnedinu received hy the transferor, 17 (c.) Disclose, in writ_ng, to .Me prospective 18 transferee that, the new owner will be responsible for 1(4 compliance with th .% applicah.o code and with orde7rt issued in 20 the code enforcement proceeding. 21 :d) File a hol1Ce with the code enforcement otficidl 22 of tie transfer ot the proberty, with the identity and address 23 of the now owner andcopios ot the disclosures made lojhe new 24 owner, within '3 days after the done of_the transfer. 2S 2.6 A failure to make the disclosures described in paracropis (a) , 27 dud (e) hetore the transter qieaLes a rehuttoble 28 presumption of .c.!..aud. If the pioperty in troer.;ferred before 2g the ho,:aiug, the proceeding shall not be diamidded, but the 30 new ownei. shall be provided a reasonchie period of time to 31 correct the violation_Defore the heating is held. 8 CODING:'ao vd* h re deleL.:.orni; word3 w:dezlincd are addilions. 60d VOSSEIESSOE ePivor i-'- 'si;=;>1" 1-14, 43h1 dDO 56-130-L fir 155 • • ENROLLED 1999 1.,itgi,,,1atuLc C3/cs/112. 163, iecond ngronned 1 :iection 5. Subseetlonfs (1) and (3) of secLioL 162.09, 2 Florida Statn-en, are amended, and plragraph (d) i added 3 aubseetion (2) of maid section, to 4 1152.09 Administrative fines; costs of repair; liens.-- An entorcement board, upon notification by the 6 cede inspector tnat an order of the erforcement boarc haS not 7 been complied with by the eet ti.me orTcpon finding that a TeneaL violation has bean committed, may oLder the violator to pay a fine in an amount apeciiiad in (Aria section for each day 10 the violaLion continue3 pas:. the date 3et by the entercement 11 boaid for compliance or, in the cise of a repeat viOle...ion, 12 Lai each day rhe repeat viclation cOnlinues, beginning with 13 !he date the repeal violation iS found to have occurred by the 14 code inspector. in addition, if the violation is a violation 15 described in 2. 162.06(4) , the enforcement heard shall notity 16 the local governing body, which may make a: 1 reaaenable 17 repairs %hich arc required Lo bring the propeity into 18 compliance and charge the violator with the reasonable cent, of lg the rapaiLo aloEg with the rine imponed pursuant to thin 20 ecctIon. MaKiu such repairdoes not create a continuing 21 obliciaticri yn tLe part or 7:11!? local governing body to mase 22 'further repairs or to mainUain the property, and does not 23 create oy.,,liability agait4 the Local governina body tor any 24 damages lo the property if such repairs were completed in good, 2t) taith . IF a finding of a violation or a repeat violation nas 26 been made as provided in this part, ,-. hearing shall not he 27 nenessary fur issur,nce of the order impoGing 1_11 .. fine_ 2/1 aftet dLo notien and hearing, a ooda anfoicement hoord tinde d 29 violation to be iLiepazable or 11::evelaible in notute, it may 30 older: violatot _o pay a tine ae speci.:fied in paracgraol. 31 (2) (a; 9 CODING:worde: 11+.1-+-Ttirttn ure dcleti.onnoide underiincrd are additions. 0I -d 170558E590E mivor W ut,Nc021 c1175 :ZO 66-8O-LI 156 • ENROLLED 1'399 (ir.9::,lttt.i_c 163, second Engrossed 1 (?) (a) A tine incl.:used pursuant Lo this se:::L'on shall 2 not. exceed $2.50 pc-.r day tor ., fir:-d violation ,inti shall riot. 3 exceed SCO per day for a repeat vio._ativn, and, in eddit±on, ' 4 may inc:::bCie dll cont;, of repair:, p.1:.Sant to subsection (J ; _ 5 Jloweve -, if a code enforcement board finds the violation -o be (] iriopc)"able or irreversible i'1 n:,l ;,_e, it may impose a tine 7 not to exceed S5,(JOt) per violation. ;h; In determining the remount of Ole fine, if ony, tho 9 enforcement ootid shall roiisidex the -hollowing factor„ 1 J 1 . mhe C;iavity cf :Ice vielatian; 11 .< . any action, taken by t-,e violator to :correct the 12 violaLior.; and 1:3 3 . Arty previous violations committed by the violatur. 14 (c) An enforcement. board .nay reduce d fine irrpo::ed 15 pursuant to section. lh (d) ti county or a intro :~ipgliLy having population 1 / equal to or greater than Y1,000 may adopt, by .a vote of sit 111 1: sL a ma-orit.y plus one of the w Lirc governing body of the 19 county or municipality, ,an,otdinancc that gives code 20 entcrc,cimtit boards o_ special masters, or both, authority Lo 21 impose 1-i rte'•:: in exce so or the limits set forth in parrig aph d 22 t.a) . Suct: fines shall rot exceed $1 ,000 oer day per violation 23 tor a fksl $5, 300 per day per violation. for,a 24 repeat vi.ol_t_-on, and t:p to $15,3;1() per violation it the code 25 enforcement boa2d or special master '.-inds the violation 1;o )ie 26 irreparable or irreversible ir. nature. In addition to _uch 27 lines, a code enforcement board or spc -:ial sttasL•er may impo;;e 28 addi ti c:3nat1 .Lino) to cover.all cc,:rt:7 inour_ed by the local 29 oovorri malt iu enforcing :iia codes and <70l costs of repai- _ 30 }:ut..uttnL Lo uh nctLou„ (1) . Any ordinance imposing such tines iii or Li include critoCid to be considered by the. code 10 CODING:words .d.ritiKetn yin_ dcict.:ons; eoidt. under I i n_ed are addition$. d tiO558E15OE of DC 'S SC1'4-1MSS u®sol{ dti9 = ZO 66-80-L FIC 157 F;NHuLL!!:Li 1999 Legis 1otui r: l s/C.i/I1Fi :jeeolld Engrossed 1. entc,reemetiL board or special master in determining the cut•,uunL 2 of the tine;, ice nci!ncl, but ,not limited I n, thc.�:e factors+Z1. 3 forth in par'agx.1pht (b) . 4 N) A certified copy of can order imposing a tine, car 'a 5 fine pli::, reNi r OoaLs,may be rte-:girded in the public records 6 and :hereafter !3haii constitute a lieu against the land on 7 which the violation exists and upon any other rnn or perwonal Fi prennrty owned ic:y the violator. Upon pet:ition to, the Oir,:uit 9 court, Such order 7fin1 I be enft:rc,:c:ablc may in efiful.,r_"d in the 10 name manner a;: a court judgr!en:, t,y th:e sheriffs et thSti state, 11 including eXei:uLion and levy rigai !!t. the personal properly L:f 12 the violator, but such order :shall :'.ol be deemed to be a c:our.. 13 judgment except for enforcement purposes. A fine imposed 14 pUr"u.:tnL Lu this part shall cctt.inue to accrue until the !) vi.OldtOL comes into cowpli_tnce or until judgment is rendered 16 :n a suit to foreclose on a lien fled pursuant to this 17 section, whichever occurs r irsL. A lien arising tram a find 18 ;rn1,o ed pursuant -c, this e:a.:lion runs in zavor .,f the local 19 crvv.:_ninq body, and thr. 1oe:t1 uovcrning body may execute a 20 aaLisfaution or release of lien .entered purr a:i: to this 2= section. At7.er i months from the tiling of any such lien which 22 remains unpaid, the entoLc.cm,^.nt ooard may authorize the :i,Cc11 23 governing body attorney to foreclose on the lien. No lien 24 created pursuant to the provisions of thi,:3 part may be 25 foreclosed en real property which is a homestead under s. 4, 26 Art. X of the State ConsLiLuLion. 27 Section 6. Subsection (li and paragraph (h) of 28 2uhEect.ic,n (2) of a4:Ic:l•ion 162.12, rIerida t3tatuLeu, arts 29 arrcndret 1-s, reau; 30 16?... 1:.; NoLices. - 31 11 CODING:wurda .,l.iick..,r n-e deletiv::c,; words underlined .re additions. ZT "d DOSS8ESSOE onoC W so1"4.1-mg uesoti d55= Z0 66-80-LnC 158 ENROLLFM 1999 Legislature cVCS/HB 163, SeCond Engrossed (1) All rolices revired by this parr Shall he 2 provided to the nUAged violator by: (a) certifed mail, rergtn receipt requested, provided, 4 if suchnetice Ili sent :nder this oaragrapn to the owner yr 5 the property in cuestior nt the address Itstvi in the tax 6 collector's ::!.cfice for tax..:oLices, nnd L airy othor address 7 piovided to Me lc.cal. govklrnmeEt by nueh owners...and in reLulht!fl 9 as unciairme or refused, notipt may be provided by panting as det‘crihcd in sv,boa!_agrmphr3 (2) (Wl. and 2. and by tirst 10 mail directed t9t_he addressss furnished to the local II government with a properly executed proof of riling or )2 affidavit contirm4ng the tirst_oldas mailing; by 13 (h) Hand delivery by hesheriff or other law 14 enforcement officer, code inspector, or other person 15 designated by the local qoverning body; or—ity 1G (e) Leaving the notice al Lhe violaror'..i, usual pi:lc:a 13 of ren' denee with any pArSr.ln residing therein who is ahnve 15 18 yearn of ..Jge and intorminq such pnlmon of the cohtcntn of the 19 notice; .o.t. 20 ;0)_, in Lte case of !i:mmercia_ premises., leaving the 21 notice wiLli the manager or other person in Charge. 22 In rxidirWL Lo providing notice es set torte in 7.3 subsection (I ; , n- the option ot rhe code enforcement board, 21 notice may r.1150 be served by pubticaLL.on or posting, as 25 follows: 2G (h)1 . in lieu of FahlicaLion as described in paragraph 27 (a) . such nn-iela may he ponteci Fqt.,t, at at 1 ) d1y:3 pFio= to 211 thejtearing, 07 prior to the expicaion of any deadline 29 cc.Inlained in the n2tice,in at 1ed::0. two locations, one of 30 whidh shall ne rile property upon which tae violn7jon is 31 alleged to 1;xi $1. and the other of which shall he, in the case 12 CODINGoivid ore deletionn; wutci underlin.ad ore add._tions. EI -d 1709S8E9SOE et/tuC W umutl d55 ; ZO 66-80-Ll' 159 ENROLLED 1999 Leg_m13t.rrc. i:ii c:Sl tt 163, Sec nd Engrossed 1 of municipalitie , riL the primary :municipal government office, 2 and in :hN r:ase of counties, HI tete trent door of the 3 courthouse in said county. 4 i'. Proof of _costing :,hall be by affidavit of the !, person posting the noLice, which affidavit shall include a 6 copy of the uoLicu posted a:id the date and places of its 7 posting. 9 9 Evidence rh;*I air attempt h413 }leen made to hand deliver or rea11 10 notice an pLov_ded in subsection (1) , Together with proof of 1.1 publicat cn or posting an provided. in subsection (2) , she l ' be 12 sufficient to .3hcw Lhat the notice requirements :)f Lhis tart 13 have been met, without regard to whett_cr or not the alleged 14 violator actin: Iv teueive:d such notice. 13 Section 7. Subsection i2) of section 162.23, Florida 16 Statutes, in amended to road: 17 162.23 Nolico to appe Ar•.-- 1 13 (2) Prior t(.: is:,•einq n nor i c:e Lo appear, n Gode 19 enforcement o_fiuer ahall provide wiitton notice to the person 20 ihat the person htaa committed a v i o=aLlQt1 Of a code CL 21 ordi nancc? ohd Shall establish c1 reasonable time period within 22 which the person must cort'ecl the violation. Such time period 23 she I 1 he no fewer than a days and no more than 30 days. Tt, 24 upon personal inve tigaLion, a code enforcement officer finch 25 that Ihe person has not •cor_ectca the vi:)lalion within the 26 prescribed time period, a code unto:celneri_ officer many issue a 27 notice to appear to the parson who ho:; cjonu:cilted the 20 violation. A dcde 9nfurcement et-i eer: .ice not required tc, 29 pt•c,v'i(Je3 Lite parson wi t.l•. 4 LtlY:3UnttJle time period Lo correct. 30 the violation prior to issuing a notice to appear and may 31 Jinttrediately isst:E :1 notice to appeili if d repeat violation la 13 CODINC:wo-darE >rordt undeLlined are nddiI ic>r1L dT "d V0558E55OE onoC W Ner,r4 t5 LI cod d55;ZO 66-80-LnC 160 • ENROLLED 1999 he?g'i: lalure cs/C3/HB 163, Second Engrossed 1 ;c•,ur►ci, or if the code cr.toreement officer hay: reason to 2 believe that the vi r,1 e,1.i esti is_ese.I:ts a serious threat lo the 3 public health, safety, or welfare or that the violator in 4 ern ie,eel 'in violations of an i r•i r•re„,:art L or lraniient nature, as 5 defined by local code or ordinance„wllhin the iurisdiction, or 6 if the violation is irreparable: est itreveraible. 7 Suction 8. Pararrapns (h) died (e) of suhr:,cc.tion (1. of 8 section 12!..11103, Pleridn 8Latule:.,, _998 Supplement, or-c 9 amendod to read: 10 121";.010i ordi narces and rules imposing price. cont rely; 11 findings required; procedures.-- 12 rocedures.-- 12 (1) 13 (h) The provisions of this section shall not prevent 14 the enactment by local governments of public service rates 15 otherwise aut.hori zc:d by law, inc_udinu water, sewer, solid 16 waste, public tr. nsportr.tiorl, tax'_cab, or port rates, rntns 17 for towing of vohir.los from or immobilization of vchicic:r7 on 10 private property, or _ate s tor rem^val ond_storay_e of wrecked 19 or disabled vehicles from an ace .<ienr. scene or the removal. and 7.0 storage e:rf.. venioles in Lbe event the owner or operator, is 21 iricapaCilaLed, unavailable, leave:?Zhe proc_uremenL of wrecker 22 :.eLviue to Lhe law enforcement (:tficet at the :.Gere, or 23 otherwise doen not eon;:enr, t > lite removal o_ the vehicle. 24 (C) Count.ies must es .ab i sh maximum rates which 25 may be charged on th:i towing of vehicles from or 26 immobilization of vehicles oh privaLe property, removal and 27 :3iorale of wrecked or disabled vehicles from an aceLdent. uc.enc 28 or for the removal and stc.rraye of vehicles, in the event he 29 owner or operator is 1ncapa: i taLed, unvailable, leaves the 30 procurement or wrecker service to the law enforcer nt ottice? 31 at the scone?, or otherwise does nut consent to the removal of 14 CODING:Words .i t.l.i ,.u.0 Are': deletions; words and:lined are adc11t:or::.. SI -d VO558E55OE m^oC $ so,1q'-mS LAcicrtl d95 ; ZO 66-80-Lor 161 MIROLLED 1999 Legislature (.VCS/HEI 163, Second Engrossed 1 the vehicle. However, if munitlipli..;.y chooses to enact an\ 2 ordinanccAstab4shing the maximum foes fel 1.144 towing or. 3 immooi . ivolion of vehiole:$ as described in paragraph (b) , the 4 connty's ordinance shall.. apply within such municipality. 5 Section 4. Paragrap1t13 (b) and (2) of subsection (1 ) ot 6 noction 166_043, Florida 8lalut , 19g8 Supplement, aro '1 omnndnd to read; 8 1 (6-04:3 Ordinances and _Lulea lmpoaing price controln; Ttneings recplredi proCedures.-- 10 (1 ) 11 0.0 The pEOvisicas of this section shall rot prevent 12 Lhe enactment by loca: governments of public service rates 13 otherwise aulhotized by law, includinc; water, sewer, solid ii waste, prh:lic ttanspottaLion, taxicab, or port razes, rates 13 for towing of vehicles fromor ilimobilizaLion of vehicles on 1g private pronertv, orr.1t foL removal and rAcrago of wrockon 17 or diaWed vehicjev3 ecr%I.dent scene or ttle removal and 13 nT.orngR of vahcle3 inIhe evet. the owner of operator iN 19 incapacitated, nnavatlaWei :eaves the procurement of wrecker 2 ) service to the law enforcement office,t at the ...3ene, ol 21 otherwise coos not consent to the removal of the vehicle. 22 :c) Counties must esi-ahlish maximum rater.; ---e-e-ts which 23 may be charged on the towing of ve'licleG from 24 imnobi1i7ation of ve'nicles en private property, removal oci 2b storage of wrecked or disabled vehicles from an accident scone 26 or for the romovnl and fitorage of vehiclea, in the event the 21 ownor or oporator in incapatled, unavailable, leaveLhe 211 procuromort ot wrecke- nRrvice lo the low enfofcemen! °Moe.: 29 at the scene, or onherwlse does nor conaenr to the removai 01 30 the vnhicIc. lowever, it z municin)lity chooses to enact an 31 ordinance Gotab' ishing the maxiMw tee* for the towing or CODING:word:ii :3tricken ate deleLLu ; wotd,a 1.igeflined are addit_::.oEs. 1705513E550E cp"ur sen>r4 t.rns uersoll d99 ;ZO 66-130-inr 162 • • ENROLLED 1999 Legislature CVCS/Mti 163, 6econd LINtossed 1 immobilizazion ot vehicles as described in paragraph (b) , the 7. cohnLy!n ordifwincR e:,a,)blished under !:;. 125.0103 shall no-. 3 apply within suCh muhicipality. 4 Section 10. The provisions of this act aro declared ro 5 be elf4vorAble. IF ,:Jny brovir3ion of section 8 or tf. cl.iyn 9 of ( th;sact .Jce clepiiimined to be invalid, ..3u:.:11 invalidity shall 7 nol affect. lho validity of the remaining Sections of this act, 8 which sections express the primary intent of the Leginintnre 9 it enacting this act. 10 Section 11. Thi act shall take ettect October 1 , 11 199. 12 13 14 15 16 17 18 19 20 21 22 2:3 24 25 2.0 2 ) 30 31 CODING;Words oie deletion ; wozda uhdetlined ate additions. LI 'd DOSSEIESSOE o^or T sim>1-44ms urplati d9S =Z0 66-go-Lnr 163 • • CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY given that public hearings will be held by the Mayor and City Commission of the City of Miami Beach, Florida, in the Commission Chambers, 3rd floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on Tuesday, September 14, 1999, at the times listed below, to consider the adoption of the following ordinances: at 10:15 a.m. : AN ORDINANCE AMENDING DIVISION 24 OF CHAPTER 2 OF THE MIAMI BEACH CITY CODE ENTITLED "CAPITAL PROJECTS OVERSIGHT COMMITTEE", AMENDING SECTION 2-190.83 BY AMENDING THE COMPOSITION OF THE COMMITTEE TO INCLUDE A NON-VOTING EX-OFFICIO MEMBER FROM THE CONVENTION CENTER ADVISORY BOARD; PROVIDING FOR SEVERABILITY, CODIFICATION, REPEALER, AN EFFECTIVE DATE, AND SUNSET PROVISION. Inquiries may be directed to the Convention Center at (305) 673-7311. at 10:45 a.m. : AN ORDINANCE AMENDING MIAMI BEACH CITY CODE CHAPTER 106, ENTITLED "TRAFFIC AND VEHICLES" ARTICLE VI, ENTITLED "TOWING AND IMMOBILIZATION OF VEHICLES", AMENDING SECTION 106-269, ENTITLED "IMMOBILIZATION"; AMENDING MAXIMUM FEE REQUIREMENTS; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. Inquiries may be directed to the Parking Department at (305) 673-7505. at 11:00 a.m. : AN ORDINANCE AMENDING MIAMI BEACH CITY CODE CHAPTER 90, ENTITLED "SOLID WASTE" BY AMENDING SECTION 133 ENTITLED "SINGLE UTILITY BILLING", BY EXCLUDING RESIDENTIAL COOPERATIVE APARTMENT UNITS FROM THE DEFINITION OF COMMERCIAL UNITS SUBJECT TO THE SANITATION COMMERCIAL IMPACT FEE, RETROACTIVE TO SEPTEMBER 19, 1998; PROVIDING FOR CODIFICATION AND SEVERABILITY; REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; AND PROVIDING AN EFFECTIVE DATE. at 11:15 a.m. : AN ORDINANCE AMENDING MIAMI BEACH CITY CODE CHAPTER 90, ENTITLED "SOLID WASTE", BY AMENDING SECTION 90-278 ENTITLED "FEES AND REQUIREMENTS", BY AMENDING SUBSECTION (1) ENTITLED "ON-STREET PERMIT FEE"; AND AMENDING SUBSECTION (2) ENTITLED "OFF-STREET PERMIT FEE" ; TO INCREASE ROLL OFF FEE; PROVIDING FOR CODIFICATION AND SEVERABILITY; REPEALING ALL ORDINANCES s IN CONFLICT THEREWITH; AND PROVIDING AN EFFECTIVE DATE. at 11:30 a.m. : AN ORDINANCE AMENDING MIAMI BEACH CITY CODE CHAPTER 14, ENTITLED "BUILDING REGULATIONS" SECTION 14-70, ENTITLED "GENERAL INFORMATION", AMENDING SUBSECTION 14-70 (7) OF APPENDIX A, ENTITLED "FEE SCHEDULE" BY INCREASING THE SANITATION IMPACT FEE FROM .20o TO .30o AND RAISING THE MINIMUM SANITATION IMPACT FEE FROM $20.00 TO $25.00; PROVIDING FOR CODIFICATION AND SEVERABILITY; REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; AND PROVIDING AN EFFECTIVE DATE. Inquiries may be directed to the Sanitation Department at (305) 673-7616 . ALL INTERESTED PARTIES are invited to appear at this meeting, or be represented by an agent, or to express their views in writing addressed to the City Commission, c/o the City Clerk, 1700 Convention Center Drive, 1st Floor, City Hall, Miami Beach, Florida 33139. Copies of these ordinances are available for public inspection during normal business hours in the City Clerk's Office, 1700 Convention Center Drive, 1st Floor, City Hall, Miami Beach, Florida 33139. This meeting may be continued and under such circumstances additional legal notice would not be provided. Robert E. Parcher, City Clerk City of Miami Beach 164 Pursuant to Section 286.0105, Fla. Stat. , the City hereby advises the public that: if a person decides to appeal any decision made by the City Commission with respect to any matter considered at its meeting or its hearing, such person must 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. This notice does not constitute consent by the City for the introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. In accordance with the Americans with Disabilities Act of 1990, persons needing special accommodation to participate in this proceeding should contact the City Clerk's office. Telephone (305) 673-7411 for assistance; if hearing impaired, telephone the Florida Relay Service numbers, (800) 955-8771 (TDD) or (800) 955-8770 (VOICE) , for assistance. 165 > 00 — oU o � � W NCCS d .� �j O, U In 0 � N z z - a - - ,Z4 > -ri C7 U `) -o cs Z d c,„ •° _ 4..4 • o o bA N u °' •v z a 42' "<t) E dww > dr