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RESOLUTION 92-20687 • • RESOLUTION NO. 92-20687 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AMENDMENT NO. 2 TO THE ADMINISTRATIVE RULES AND REGULATIONS GOVERNING PRIVATE PROPERTY TOWING PERMITS, AS REFERENCED IN ARTICLE XI, CHAPTER 44, OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA TO PROVIDE FOR ADDITIONAL REPORTING REQUIREMENTS, RATE ADJUSTMENTS, AND THE CITY'S RIGHT TO DETERMINE THE DISPOSITION OF UNCLAIMED VEHICLES AND VEHICLES TOWED, UPON REQUEST, BY THE POLICE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA THAT: WHEREAS, pursuant to Ordinance No. 88-2633 , the City Commission of the City of Miami Beach adopted Article XI, Chapter 44 , providing, in part, for the permitting and regulation of business enterprises engaged in the towing, removing, and storing of vehicles parked on private property within City limits; and, WHEREAS, pursuant to City Commission Resolution No. 88-19466, adopted December 9, 1988 , the City established Administrative Rules and Regulations Governing Private Property Towing Permits in order to implement the provisions of Ordinance No. 88-2633 ; and, WHEREAS, Amendment No. 1, approved on March 7 , 1990, which provided for the acceptance of checks in payment for towing and related services and provided for a schedule of maximum rates which may be charged for towing and related services; and, WHEREAS, as explained more fully in the attached Amendment No. 2 , further changes to the Administrative Rules and Regulations are now needed: said Amendments to concern additional reporting requirements, rate increases, and defining the City' s right to determine the disposition of unclaimed vehicles and vehicles towed, upon request, by the police; and, WHEREAS, the City wishes to amend the Rules and Regulations Governing Private Property Towing Permits to address the matters referenced above. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: That Amendment No. 2 to the Administrative Rules and Regulations Governing Private Property Towing Permits as referenced in Article XI, Chapter 44 , of the Code of the City of Miami Beach, Florida and attached hereto, is hereby approved. 11 PASSED and ADOPTED this 16th day of December , 11,92 . 061' MA OR ATTEST: • • CITY CLERK RMC: EC:: lcd Attachment 1-' M APPROVED LEGAL DEPT By =1 A I)ate 2.—9_91 • • SECOND AMENDMENT TO ADMINISTRATIVE RULES AND REGULATIONS GOVERNING PRIVATE PROPERTY TOWING PERMITS WITNESSETH WHEREAS, pursuant to Ordinance No.88-2633 , the City Commission of the City of Miami Beach adopted Article XI, Chapter 44 , providing, in part, for the permitting and regulation of business enterprises engaged in the towing, removing, and storing of vehicles parked on private property within City limits; and, WHEREAS, said Administrative Rules and Regulations Governing Private Property Towing Permits currently provide for inadequate reporting requirements which should be amended to provide for the City Manager' s Office to receive all required reports; and, WHEREAS, said Administrative Rules and Regulations Governing Private Property Towing Permits which establish a specific schedule of maximum rates, which rates need to be revised to more adequately reflect the charges presently assessed within the community; and, WHEREAS, said Administrative Rules and Regulations Governing Private Property Towing Permits which do not fully define the disposition of unclaimed vehicles, must be amended to provide the City with the right to determine the disposition of unclaimed vehicles and vehicles towed at the Police Department's request; and, WHEREAS, said Administrative Rules and Regulations Governing Private Property Towing Permits which do not preclude the use of City facilities for storage of vehicles towed at the Police Department's request, must be amended to prohibit such practice without the City' s approval; and, NOW, THEREFORE, the City Commission of the City of Miami Beach amends the Administrative Rules and Regulations Governing Private Property Towing Permits as follows: Paragraph 5, "STORAGE FACILITIES" is amended to add the following sub-paragraph: 5. 1 Unless otherwise instructed by the City Manager or his designee, all vehicles towed at the request of the Police Department are to be stored at the permit holder's storage facility. No storage charges shall be applicable for any vehicles which, at the request of the City Manager or his designee, are stored at a City facility. Paragraph 10, "RELEASES" is amended to read as follows: 10. The Permittee shall directly release any vehicle to its owner or custodian upon payment of appropriate fees due within thirty (3 0) minutes of payment. All vehicles which have not been claimed must be disposed of according to state and county laws. The Permittee shall be required to furnish a copy of public notice for sale, _ - - -_ - - - - _ - - - = - - ' = - - - to the City Manager or his designee, at least ten (10) days prior to the date of sale. The Permittee will also be required within three (3) days after a sale, or if a title is 1 1 AGENDA ITEM - - DATE 12jL2 • • surrendered for payment, to submit a detailed listing of the serial number of the vehicle, tow receipt number, year, make, model of vehicle, monies received, purchaser's name, address and local telephone number. Paragraph 10, "RELEASES" is amended to add the following sub- paragraphs: 10. 1 All vehicles slated for auction must first be approved by the City Manager or his designee. 10. 2 The City of Miami Beach has the rights over all abandoned/unclaimed vehicles after the legal requirements associated with owner notification are met. 10. 3 The Permittee shall provide the City of Miami Beach a fifty (50) percent discount on all towing and storage charges associated with those abandoned/unclaimed vehicles which the City chooses to take ownership of (per subsection 10. 2 above) . Paragraph 17, "FORWARDING REPORTS TO POLICE DEPARTMENT" is amended to be titled as follows: "FORWARDING REPORTS TO POLICE DEPARTMENT AND THE CITY MANAGER'S OFFICE" Sub-paragraph 25. 3 , under Paragraph 25, "MAXIMUM ALLOWABLE RATES" is amended to read: The base rates listed shall include hookup, unlocking vehicle doors, use of dollies, transport of the vehicle and all other services provided in connection with the transport of the vehicle from the property to the storage site, . - - - - . : - - - - - . -: - - excluding transportation cost for locations outside Miami Beach city limits: Items numbers one, two and three under Sub-paragraph 25. 3 , are amended to read: (1) Services rendered by a tow truck or flat-bed car carrier for recovering, towing or removing a vehicle. ' weight (G.V.W. ) of up to 9, 999 pounds. Maximum Rate: $85. 00 $95. 00 (2) - - ' - - - - - - - - - - - - - - - - - - . - - - - - - removing a vehicle with a gross vehicle weight (G.V.W. ) from 10, 000- 19, 000 pounds. Mit m,,m nam... $430.00 20, 000 pounds. Maximum Rate: $160.00 25.4 The following rates are the maximum allowal;le for storage of a vehicle which has been recovered, towed or removed at a property owner's request. Daily rates for vehicle storage are based on a time period of twenty-four (24) hours. The initial six (6) hours of storage shall be without charge. Thereafter, the first twenty-four hour period for purposes of calculating storage rates shall begin. The daily rate shall apply, according to the type of two provided to the vehicle stored, 2 2 • • with each fraction of a day counting as one full day, in accordance with the following schedule: (1) Any vehicle, first six (6) hours: No Charge (2) Motorcycles: $ 3 . 00 (3) Storage of vehicle: ' weight of up to 9, 909 pounder: y15. 00 First four days: $15. 00 After the first four days: $22 . 50 weight from 10,04a 10,0.0.4 pounds: $20.00 (5) - - - - - - • - - - - - - - - - • - - 28.00 (4) Administrative Fee (after 24 hours) : $30. 00 (5) Mileage Rate: no charge within city limits; outside city limits: $ 5. 00/mile 26. 7 No charges other than those established herein shall be imposed for providing any recovery, towing, removal or vehicle storage service in connection with a request by a property owner or his authorized agent to remove a vehicle from the owner's property. All other provisions of the Rules and Regulations Governing Private Property Towing Permits remain unchanged by this Second Amendment. RMC:EC:FJR: lcd 3 3 s. • , CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010 FAX: (305) 673-7782 COMMISSION MEMORANDUM NO. 2.55:92. TO: Mayor Seymour Gelber and DATE: December 16 , 1992 Members of the City Commission /. FROM: Roger M. CarltO p City Manager ("1 �-i.- SUBJECT: "AMENDMENT TO THE ADMINISTRATIVE RULES AND REGULATIONS GOVERNING PRIVATE PROPERTY TOWING PERMITS (ADOPTED BY CITY RESOLUTION NO. 88-19466) , AS REFERENCED IN ARTICLE XI, CHAPTER 44, OF THE CODE OF THE CITY OF MIAMI BEACH" ADMINISTRATION RECOMMENDATION: The Administration recommends that the Commission approve the "Amendment to Administrative Rules and Regulations" to increase certain fees and charges and to improve controls. BACKGROUND: In December 1988, the City of Miami Beach adopted Resolution No. 88-19466, establishing Administrative Rules and Regulations governing private property towing permits. A subsequent resolution in March 1990 amended the Rules and Regulations, providing for the acceptance of checks for payment of towing fees and establishing a schedule of maximum rates which may be charged for towing and other services. Over the past one and a half years, the two companies that operate on Miami Beach have requested that they be allowed to increase the rates. The Administration has recently completed an extensive review to assess the justification for this request. ANALYSIS: A comparison of the City of Miami Beach's rate structure with those of three local municipalities/counties indicates that Miami Beach is on the lower end of the range. The City approved base rate includes all auxiliary charges which may be required in the towing procedure--these are treated as additional charges in the three rate schedules included in the comparison. Furthermore, the current rate structure does not include an administrative fee (as allowed by Florida Statutes) or a mileage charge. The recommended amendment provides for a rate increase by both companies operating in Miami Beach. From the standpoint of administrative controls, the current reporting requirements do not fully meet the City's needs. As required by the Rules and Regulations, the reports regarding towed vehicles are forwarded to the Police Department only. As a result, this department has historically been solely responsible for determining which unclaimed and/or confiscated vehicles the City auctions or adds to its fleet (the City has rights to these vehicles after a period of time, per Chapter 705 of the Florida Statutes) . In order to centralize control and decision making 1'"1 h Continued. . . AGENDA ITEM jJ / '7Z OAT E • ' COMMISSION MEMORANDUM PAGE TWO DECEMBER 16, 1992 regarding the disposition of these vehicles, all required reports need to be submitted to the City Manager's office in addition to the Police Department. Furthermore, the Rules and Regulations will stipulate that any vehicle scheduled for auction must first be approved by the City Manager or his designee. Similarly, the document does not clearly state that the City has rights to an unclaimed/abandoned vehicle after all legal requirements associated with contacting its owner are met-- this calls for corrective language in the Rules and Regulations, as proposed in Amendment No. 2. In cases wher': the City chooses to assume ownership of a vehicle, the permitee will grant the City a 50 percent discount on towing and storage fees. Finally, the Rules and Regulations should be explicit about the City's authority over the storage location of vehicles towed at the Police Department's request. The proposed amendment to the rules calls for the permittees to store all such vehicles at their own storage location(s) unless otherwise directed by the City Manager or his designee. CONCLUSION: It is recommended that the Commission approve "Amendment No. 2 to the Administrative Rules and Regulations Governing Private Property Towing Permits" attached. RMC:EC:FJR: fjr 176 UK L ritNPL RESOLUTION NO. 92-20687 Approving amendment No. 2 to the Administrative Rules and Regulations governing private property towing permits, as referenced in Article XI, Chapter 44, _ 00 of the Code of the City of Miami Beach, Florida to provide for additional reporting requirements, rate adjustments, and the City's right to determine the disposition of unclaimed vehicles and vehicles towed, upon request, by the police.