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HomeMy WebLinkAbout2024 01 22 Public Hearing 404 - Second Reading of Ordinance 2024-01 Amending Chapter 12 of the City Code (Abandonment of Motor Vehicles)PUBLIC HEARINGS AGENDA ITEM 404 CITY COMMISSION AGENDA | JANUARY 22, 2024 REGULAR MEETING TITLE Second Reading of Ordinance 2024-01 Amending Chapter 12 of the City Code related to abandonment of motor vehicles; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the code; severability and an effective date. SUMMARY Police department staff has been working with legal to prepare an update to Ordinance 12-53 regarding the towing and abandonment of motor vehicles on both private and public property. Sections of Florida Statute 705 has been updated with specific details regarding the towing of vehicles. Ordinance 2024-01 has made the required changes to be in compliance with Florida Statute 705. The City Attorney and City Manager are requesting that the City Commission consider passing the Ordinance 2024-01 on Second Reading. FUNDING SOURCE N/A RECOMMENDATION Staff recommends the City Commission conduct a Public Hearing for consideration of passing Second Reading of Ordinance 2024-01 189 City of Winter Springs Ordinance No. 2024-01 Page 1 of 4 ORDINANCE NO. 2024-01 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA; AMENDING SECTION 12-53 OF THE CITY CODE RELATED TO ABANDONMENT OF MOTOR VEHICLES; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City Commission desires to amend Section 12-53 of the City of Winter Springs Code of Ordinances to clarify the procedure to tow and dispose of abandoned motor vehicles found on public property; and WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Winter Springs; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Commission of the City of Winter Springs. Section 2. Code Amendment. Chapter 12, Section 12-53 of the City Code is hereby amended as follows: (underlined type indicates additions to the City Code and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Section 12-53. It is intended that the text in Section 12-53 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): Sec. 12-53. Abandonment of motor vehicles prohibited. (a) No person in charge or in control of any property, public or private within the city, whether an owner, tenant, occupant, lessee, or otherwise, shall allow any derelict, disabled or abandoned vehicle to be placed or remain on any roadway, street, alley, highway, private property, public property, public right-of-way or easement unless such vehicle is within a completely enclosed building, or is on the premises of an automotive repair or storage business for which the owner of the business has a current city occupational license and zoning approval. However, a disabled vehicle may not remain on the premises of an auto repair business or storage business in excess of one hundred eighty (180) days. A vehicle covered with a car cover does not constitute enclosure or storage of disabled vehicle. 190 City of Winter Springs Ordinance No. 2024-01 Page 2 of 4 (b) Evidence. A vehicle will be in violation of this section if it is in a state of evident disuse, neglect or abandonment. Evidence may include, but not limited to, factors such as: at the same location for forty-eight (48) consecutive hours, vehicle being wrecked, and/or inoperative as evidenced by vegetation underneath as high as the vehicle body or frame, refuse or debris collected underneath or the vehicle being used solely for storage purposes, if it is partially dismantled, having no engine, transmission, or other major and visible parts, having major and visible parts which are dismantled, having no valid license tag, or being in any physical state rendering it inoperable or unsightly to the neighborhood. (c) Interpretation of this requirement. Nothing in this part shall be construed as permitting the disassembling, the tearing down or scrapping of a vehicle or to permit one vehicle to be scavenged or stripped for parts for use on another vehicle. (d) Responsibility for compliance. The owner, agent and/or tenant of the property on which the violation occurs and the owner of the disabled vehicle shall be jointly and individually responsible for compliance with the requirements of this section. (e) Enforcement on private property. When a disabled or abandoned vehicle is found to be in violation of this section and located on private property: (1) The code inspector shall place a written notice on the vehicle's window indicating that it is in violation of this section and that it must be removed within ten (10) calendar days or it will be subject to removal by the city. The code inspector shall make every reasonable attempt to ascertain the owner of the vehicle and the owner of the property, and shall notify such owner(s) with a written notice delivered by personal service or mail at their current address, last known address or the address appearing on the certificate of title for the vehicle. Such notice on a vehicle window shall not be less than eight (8) inches by ten (10) inches and shall be fluorescent orange in color, sufficiently weatherproofed to withstand normal exposure to the elements. (2) Within the ten (10) calendar day period specified in the notice, the owner of the vehicle or the owner of the property or an authorized agent may appeal to the director of code enforcement or his/her designee. The director of code enforcement or his/her designee shall determine the validity of the violation and may for good cause extend the time for compliance or removal. If such an appeal is made, no removal shall be required until after said appeal has been finally determined. (3) The property or vehicle owner(s) may appeal the director's or his/her designee's final decision to the code enforcement board or special magistrate for a determination as to whether the property is subject to removal. (4) If no appeal is made and the disabled vehicle remains in violation after the ten (10) calendar day applicable period, the director or his/her designee shall cause such vehicle to be removed to a storage facility approved by the city commission and thereafter disposed of in accordance with applicable state law or city ordinance. 191 City of Winter Springs Ordinance No. 2024-01 Page 3 of 4 (5) The authorization in this section for towing of abandoned and disabled vehicles shall not be construed so as to negate the authority of the code enforcement board or special magistrate to hear and adjudicate appropriate cases. (f) Vehicle on public property. Notwithstanding any of the foregoing, all vehicles which are located on public property shall be towed and disposed of in accordance with notice and sale requirements of Florida Statute Chapter 705, as revised in the 1987 legislative session as may be amended from time to time. To the extent that this section 12-53 conflicts with any portion of Florida Statute 705, the latter shall control as to any vehicles located on public property. In accordance with Florida Statute Chapter 705, the law enforcement officer shall place a written notice on the vehicle's window indicating that it is in violation of this section and that it must be removed within five (5) calendar days or it will be subject to removal by the city. The City’s police department shall follow all procedures required in Florida Statutes Chapter 705 to tow and dispose of the vehicle. Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts or ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 5. Incorporation into Code. This Ordinance shall be incorporated into the Winter Springs City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this ordinance and the City Code may be freely made. Section 6. Severability. If any section, subsection, sentence, clause, phrase, word, or provision of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance. Section 7. Effective Date. This Ordinance shall become effective upon adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to City Charter. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the _____ day of______________, 2024. Kevin McCann, Mayor 192 City of Winter Springs Ordinance No. 2024-01 Page 4 of 4 ATTEST: Christian Gowan, City Clerk APPROVED AS TO LEGAL FORM AND SUFFICIENCY FOR THE CITY OF WINTER SPRINGS ONLY: _______________________________ Anthony A. Garganese, City Attorney Legal Ad: First Reading: Second Reading: 193 Published Daily ORANGE County, Florida Sold To: City Of Winter Springs - CU00116922 1126 E State Road 434 Winter Springs, FL 32708-2715 Bill To: City Of Winter Springs - CU00116922 1126 E State Road 434 Winter Springs, FL 32708-2715 State Of Florida County Of Orange Before the undersigned authority personally appeared Rose Williams, who on oath says that he or she is a duly authorized representative of the ORLANDO SENTINEL, a DAILY newspaper published in ORANGE County, Florida; that the attached copy of advertisement, being a Legal Notice in: The matter of 11150-Public Hearing Notice Was published in said newspaper by print in the issues of, or by publication on the newspaper¶s website, if authorized on Jan 12, 2024. Affiant further says that the newspaper complies with all legal requirements for publication in Chapter 50, Florida Statutes. Rose Williams Sworn to and subscribed before me on this 13 day of January, 2024, by above Affiant, who is personally known to me (X) or who has produced identification ( ). Signature of Affiant Name of Affiant Signature of Notary Public Name of Notary, Typed, Printed, or Stamped 7564755 194 7564755 195 196