Towing Ordinance- Revised 3-22-17 (00779168xBA9D6)DRAFT 3/22/2017
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ORDINANCE 75-17-__
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
COUNTY OF DUVAL, STATE OF FLORIDA, AMENDING
CHAPTER 21 TRAFFIC AND MOTOR VEHICLES, TO ADD
ARTICLE VI, UNREGISTERED AND INOPERABLE
VEHICLES, INCLUDING DEFINITIONS, INTENT,
LIMITATIONS ON UNREGISTERED AND INOPERABLE
VEHICLES, AND ENFORCEMENT, PROVIDING FOR
CONFLICT, PROVIDING FOR SEVERABILILTY, AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, it has been determined that unregistered and inoperable motor vehicles are a
public nuisance detrimental to the health, safety and welfare of the inhabitants of the city; and
WHEREAS, the City Commission recognizes that the premises of businesses where the
location and use of land has been approved by the City are appropriate and safe locations for such
motor vehicles; and
WHEREAS, it is the desire of the City Commission to cause unregistered and inoperable
motor vehicles to be removed and relocated to an appropriate and safe location;
BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF
THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1. Regulation Added. The Code of Ordinances of the City of Atlantic Beach,
Florida, is hereby amended by adding a new article to Chapter 21, which shall read as follows:
“ARTICLE VI. - UNREGISTERED AND INOPERABLE VEHICLES
Sec. 21-86. – Definitions.
For the purposes of this Article, the following terms shall have the meaning as set forth
within this section.
(a) Enclosed building shall mean a structure having no outside openings other than
ordinary doors, windows and other such common features.
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(b) Enforcement officer shall mean a person designated by the City Manager to enforce the
provisions of this Article.
(c) Unregistered motor vehicle shall mean a motor vehicle which does not have a valid
and current motor vehicle license tag affixed thereto.
(d) Motor vehicle shall mean any self-propelled vehicle designed primarily for
transportation of persons or goods along a public street.
(e) Private property shall mean any real property within the city that is privately owned
and which is not defined as public property.
(f) Public property shall mean lands and improvements owned by the Federal
Government, the state, the county, or a municipality.
(g) Inoperable motor vehicle shall mean a motor vehicle that is incapable of legal operation
under its own power upon a street due to its physical condition.
Sec. 21 - 87. - Intent.
It is the intent of this Article to regulate unregistered or inoperable vehicles on private
property, which have been found to be a public nuisance detrimental to the health, safety
and welfare of the inhabitants of the city.
Sec. 21 - 88. - Limitations on unregistered and inoperable vehicles.
No unregistered or inoperable motor vehicle shall be parked, stored or otherwise kept on
any private property for a period longer than seventy-two (72) continuous hours as
observed and documented on at least two separate days by an enforcement officer; except
when one (1) or more of the following conditions apply:
(a) The vehicle is within a fully enclosed building; or
(b) The vehicle is on the premises of a business where the location and use of the land has
been approved by the City as appropriate and safe for such vehicles.
Sec. 21 - 89. – Enforcement.
Whenever a violation of this Article has been determined to exist, the following
enforcement procedures shall apply:
(a) A notice shall be posted upon the motor vehicle in violation. The notice shall not be
less than eight (8) inches by ten (10) inches and shall be sufficiently weatherproofed
to withstand normal exposure to the elements for ten (10) days. The notice shall
contain the following:
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NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN
THE ATTACHED MOTOR VEHICLE
This motor vehicle, to wit: (setting forth brief description of the motor
vehicle) located at (setting forth brief description of location) is in
violation of (set forth ordinance or regulation violated) and must be
removed from this location or brought into compliance within ten (10)
days from the date of this notice. You have the right to file a written
request with the Atlantic Beach City Clerk, 800 Seminole Road, Atlantic
Beach, FL 32233, within ten (10) days from the date of this notice, for a
hearing before the Atlantic Beach Code Enforcement Board, at which
you may present evidence to show that the subject motor vehicle is not
in violation of (set forth ordinance or regulation violated). If you neither
timely file a written request for a hearing nor remedy the identified
violation(s) within ten (10) days from the date of this notice, the motor
vehicle shall be removed by the City. The owner of the motor vehicle
shall be liable for the costs of removal and storage.
Dated this: (set forth date of posting of notice)
Signed: (set forth name, title, address and telephone number of
enforcement officer)
(b) On the date the notice is posted on the subject motor vehicle, a certified letter
providing notice of the violation, potential corrective actions, the right to a hearing
before the Code Enforcement Board, and the procedure for requesting such a hearing,
shall be sent to the real property owner of the property where the vehicle is located,
whose name and address is known by reference to the latest ad valorem tax records
published by the county property appraiser.
(c) A certified letter providing notice of the violation, potential corrective actions, the
right to a hearing before the Code Enforcement Board, and the procedure for
requesting such a hearing, shall be sent to the owner of the subject motor vehicle, if
known, on the date the notice is posted.
(d) If, after ten (10) days from the date the notice is posted on the subject motor vehicle,
the violation(s) have not been corrected and a hearing before the Code Enforcement
Board has not been timely filed in writing with the City Clerk, the code enforcement
officer shall have the motor vehicle removed from the property as set forth in Article
3 of this chapter and shall notify the Police Department immediately in a manner as
prescribed by the Chief of Police.”
(e) The timely filing of a written request for a hearing before the Code Enforcement Board
shall operate to stay removal of the subject motor vehicle until such time as a hearing
before the Code Enforcement Board is held.
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SECTION 2. Conflict. All ordinances, resolutions, official determinations or parts thereof
previously adopted or entered by the City or any of its officials and in conflict with this ordinance
are repealed to the extent inconsistent herewith.
SECTION 3. Severability. If any section, subsection, sentence, clause or phrase or
provision of this ordinance is held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such
holding shall not be construed to render the remaining provisions of this ordinance invalid or
unconstitutional.
SECTION 4. Effective Date. This Ordinance shall take effect immediately upon its final
passage and adoption.
PASSED by the City Commission on first reading this ____ day of ________________,
2017.
PASSED by the City Commission on second reading this ____ day of ________________,
2017.
CITY OF ATLANTIC BEACH
________________________________
Mitchell E. Reeves, Mayor
ATTEST:
_________________________________
Donna L. Bartle, City Clerk
Approved as to form and correctness:
_________________________________
Brenna M. Durden, City Attorney