Towing Ordinance - Revised- compare redline (00779399xBA9D6)
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ORDIANANCEORDINANCE 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 AND
WRECKED VEHICLES, INCLUDING DEFINITIONS,
INTENT, LIMITATIONS ON UNREGISTERED AND
INOPERABLE AND WRECKED VEHICLES, AND
ENFORCEMENT, PROVIDING FOR CONFLICT,
PROVIDING FOR SEVERABILILTY, AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, it has been determined that unregistered and inoperable and wrecked 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
and wrecked 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 AND WRECKED VEHICLES
Sec. 21-86. – Definitions.
For the purposes of this Article, the following terms shall have the meaning as set forth
within this section.
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(a) Enclosed building shall mean a structure having no outside openings other than
ordinary doors, windows and other such common features.
(b) Enforcement officer shall mean a person designated by the City Manager to enforce the
provisions of this Article.
(c) InoperableUnregistered 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) WreckedInoperable 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 or wrecked 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 and wrecked vehicles.
No unregistered or inoperable or wrecked 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.
ViolationsWhenever a violation of Section 21-88 shall requirethis Article has been
determined to exist, the following actions by the enforcement officerprocedures shall
apply:
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(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 and. The notice shall
contain the following:
NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN
THE ATTACHED PROPERTY MOTOR VEHICLE
This propertymotor 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 or made compliant within ten (10) days from the date of this
notice; otherwise it shall be removed by the order of the city.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 ofthe notice postingis posted on the subject motor vehicle, a certified letter
notifying themproviding 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) When possible, a A certified letter notifying them 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 in violation, if known, on the date ofthe notice postingis posted.
(d) If the violation has not been corrected within 10 days of notice posting, theIf, 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
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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.
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
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ATTEST:
_________________________________
Donna L. Bartle, City Clerk
Approved as to form and correctness:
_________________________________
Brenna M. Durden, City Attorney