HomeMy WebLinkAbout2016 06 13 Public Hearing 402 Ordinance 2016-01, First Reading, Towing/Impoundment COMMISSION AGENDA
Informational
Consent
ITEM 402 public Hearings X
Regular
June 13, 2016 KS KB
Regular Meeting City Manager Department
REQUEST:
On behalf of the Police Chief, the City Attorney requests that the City Commission consider
on First Reading of Ordinance No. 2016-01 authorizing law enforcement to seize and
impound motor vehicles that are used to facilitate certain enumerated misdemeanor crimes
and parking and traffic violations within the jurisdictional limits of the City, and
establishing a special magistrate procedure to afford violators an opportunity to contest the
impoundment and related penalties and costs.
SYNOPSIS:
This Ordinance is being proposed pursuant to the Florida Municipal Home Rule and Police
Powers vested in the City. The Police Chief is requesting this Ordinance for purposes of
discouraging and deterring the commission of certain potentially harmful activities and
criminal offenses within the jurisdictional limits of the City. The Ordinance will authorize
law enforcement to seize and impound motor vehicles that are used to facilitate certain
enumerated misdemeanor crimes and parking and traffic violations within the jurisdictional
limits of the City. If a violation occurs, law enforcement will provide the violator with a
written notice of violation and the motor vehicle will be seized and impounded. The
violator will be afforded the right to contest the violation before a code enforcement special
magistrate that will be retained by the City in accordance with Section 2-58 of the City
Code. Violators will be subject to a $500 penalty, plus $50.00 in costs. In addition,
violators will be required to pay the costs associated with the tow and storage of the
vehicle. Like code enforcement board orders, special magistrate orders shall be subject to
recording and will constitute a lien against personal and real property of the violator. An
impounded vehicle shall be returned upon payment of all applicable penalties, costs, and
towing and storage fees. If a vehicle is unclaimed after a final determination is made by a
special magistrate or waiver of hearing, the vehicle shall be disposed of pursuant to Florida
Public Hearings 402 PAGE 1 OF 5-June 13,2016
Statutes.
The Ordinance expressly states that it does not apply in cases where: (1) law enforcement
has expressed an intent to seize the vehicle under the Florida Contraband Forfeiture Act; (2)
the vehicle was reported stolen at the time of the seizure and impoundment; and (3) the
person in control of the vehicle at the time of the seizure and impoundment was not the
owner of the vehicle, and the police had probable cause to believe the owner did not know
or did not have reason to know that the vehicle was being used or was likely to be used in
the criminal activity which resulted in the seizure and impoundment of the vehicle.
CONSIDERATIONS:
1. This Ordinance is being proposed pursuant to the Florida Municipal Home Rule and
Police Powers vested in the City. The enforcement of City Codes and ordinances is
primarily governed by Chapter 162, Florida Statutes.
2. This Ordinance does not apply to conduct that is subject to the Florida Civil
Forfeiture Act ("Act"). Therefore, this Ordinance is not intended to conflict with the
provisions of the Act.
3. Under the proposed Ordinance, a motor vehicle used in the commission of one or
more of the following proscribed conduct is subject to seizure and impoundment by law
enforcement:
(1) A motor vehicle used to facilitate the commission or attempted commission
of any misdemeanor act of prostitution, assignation or lewdness as defined in section
796.07, Florida Statutes, or the exposure of sexual organs as set forth in section
800.03, Florida Statutes.
(2) A motor vehicle that is knowingly used in the commission of any
misdemeanor act of possession or attempted possession of any controlled substance
as defined in section 893.02, Florida Statutes.
(3) A motor vehicle that is used, intended or attempted to be used, to facilitate
the commission of any misdemeanor violation of Chapter 893, Florida Statutes.
(4) A motor vehicle that is used, intended or attempted to be used, to facilitate
the commission of any violation of section 316.061, Florida Statutes (leaving the
scene of an accident).
(5) A motor vehicle that is used, intended or attempted to be used, to facilitate
the commission of any violation of section 322.34, Florida Statutes, driving while
license suspended, revoked, canceled, or disqualified.
(6) A motor vehicle that is being operated by a person driving under the
influence as defined in section 316.193, Florida Statutes, when such violation is a
misdemeanor as defined by Florida Statutes.
(7) A motor vehicle that is used in the commission of the offense of driving
Public Hearings 402 PAGE 2 OF 5-June 13,2016
without a valid license or permit in violation of 322.03, Florida Statutes.
(8) A motor vehicle that is being operated on a public street and is not covered
by liability insurance, as required by chapter 324, Florida Statutes.
(9) A motor vehicle that is used in the commission of the misdemeanor offense
of criminal mischief in violation of section 806.13, Florida Statutes.
(10) A motor vehicle that is used to dump litter in any manner as prohibited by
section 403.413(4), Florida Statutes, in an amount exceeding 15 pounds in weight or
27 cubic feet in volume, but not exceeding 500 pounds in weight or 100 cubic feet in
volume and not for commercial purposes.
(11) A motor vehicle that is being operated by a person that presents proof of
insurance in violation of Section 316.646(4), Florida Statutes (knowingly presenting
proof of insurance not currently in force).
(12) A motor vehicle that is: (i) parked in violation of any duly enacted parking
regulation applicable within the city where such vehicle impedes traffic, creates a
traffic hazard, obstructs access to the city's utility facilities, including but not limited
to, utility lines, lift stations, fire hydrants and water meters; (ii) appears to be
abandoned; (iii) left unattended on the street because the driver of the vehicle is
taken into custody by law enforcement and the vehicle is causing a traffic hazard or
the vehicle is subject to potential damage or theft; (iv) left unattended on private
property because the driver of the vehicle is taken into custody by law enforcement
and the property owner, or person in control of the property, has not consented to
leaving the vehicle on the subject property vehicle.
4. If a police officer has probable cause to believe that a motor vehicle is being used in
one or more of the enumerated prohibited acts within the jurisdictional limits of the City,
the motor vehicle will be subject to seizure and impoundment by the City.
5. Violators will be provided with written notice of such seizure and impoundment at
the time of seizure and their right to request a hearing before a special magistrate appointed
by the City Commission for said purpose. In addition, all other persons whom the city
knows, or with reasonable investigation should know, have a legal interest in the motor
vehicle, including the owner of record and any lienholders, by certified mail, return receipt
requested, within 72 hours of the time of the impoundment excluding Saturdays, Sundays,
and legal holidays. The written notice will advise the person(s) of the following options:
(1). The right to request a hearing to contest the seizure and
impoundment of the motor vehicle;
(2). The right to request a hearing to contest the seizure and
impoundment of the motor vehicle and immediately retrieve the vehicle from
the towing facility upon the posting with the city of a cash bond, money
order, or certified check in the amount of $550.00, plus towing and storage
costs; or
Public Hearings 402 PAGE 3 OF 5-June 13,2016
(3). The right to waive the hearing and immediately retrieve the vehicle
from the towing facility upon the payment of the $250.00 administrative
penalty, plus towing and storage costs.
6. The person(s) will have seven (7) days to request the hearing. If a proper request for
hearing is received by the City, the City will conduct a hearing before a special magistrate
within ten (10) days of receipt of a timely request for a hearing.
7. Violations are subject to a $500 civil penalty, plus $50.00 in administrative costs. In
addition, violators shall be subject to paying all towing and storage charges of the vehicle.
Like code enforcement board orders, orders issued by the special magistrate may be
recorded in the official public records and shall constitute a lien against real and personal
property of the violator in accordance with chapter 162, Florida Statutes. Special magistrate
orders are also subject to appeal to the Circuit Court.
8. Unclaimed vehicles impounded in accordance with this Ordinance may be disposed
of in accordance with Florida Statutes. The City anticipates hiring a one or more towing
companies to tow and store vehicles impounded under this Ordinance. The rights of the
towing company are set forth in the Florida Statutes including the right to dispose of
unclaimed motor vehicles. That statutory process will apply as a matter of law and is not
being impacted by this Ordinance.
9. The Ordinance proposes a prospective effective 90 days after adoption in order to
allow time for the City to train law enforcement officers and to retain a special magistrate.
FISCAL IMPACT:
This Ordinance will require that the City Commission appoint a special magistrate to timely
conduct hearings under the Ordinance. As such, the City will be responsible for incurring
special magistrate fees related to the hearings. The fees will depend on the future
negotiated rate and the case load handled by the special magistrate.
Special magistrate fees are not recoverable against the code violator as "costs" under
Chapter 162, Florida Statutes. See Op. Att'y Gen. Fla. 14-04 (2014) (s. 162.07(2), Fla. Stat.
does not allow a city to recover against a code violator the fees paid to a special magistrate
or to the special magistrate's assistant).
However, violations of this Ordinance shall be subject to a $500 civil penalty, plus costs. It
is uncertain as to how much the City will collect in penalties and costs because that amount
is dependent upon the occurrence of a violation.
Furthermore, the City will retain the services of one or more towing companies in order to
implement this Ordinance. The costs related to the towing and storage of motor vehicles
will be paid for by violators. If a special magistrate determines that a motor vehicle was
improperly seized and impounded by the City, the City will attempt to negotiate favorable
terms and conditions with the towing companies related to the costs associated with the
improper impoundments.
COMMUNICATION EFFORTS:
Public Hearings 402 PAGE 4 OF 5-June 13,2016
This Agenda Item has been electronically forwarded to the Mayor and City Commission,
City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and
the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the
respective Meeting Agenda which has also been electronically forwarded to the individuals
noted above, and which is also available on the City's Website, LaserFiche, and the City's
Server; has been sent to applicable City Staff, Media/Press Representatives who have
requested Agendas/Agenda Item information, Homeowner's Associations/Representatives
on file with the City, and all individuals who have requested such information. This
information has also been posted outside City Hall, posted inside City Hall with additional
copies available for the General Public, and posted at six (6) different locations around the
City. Furthermore, this information is also available to any individual requestors. City Staff
is always willing to discuss this Agenda Item or any Agenda Item with any interested
individuals.
RECOMMENDATION:
The Police Chief, City Manager and City Attorney recommend that the City Commission
consider Ordinance No. 2016-01 and pass it on First Reading. If the Ordinance is passed on
First Reading, the Ordinance will advertised in a newspaper of general circulation and a
Second and Final Reading will occur at a City Commission meeting in January.
ATTACHMENTS:
Attachment A- Ordinance 2016-01
Public Hearings 402 PAGE 5 OF 5-June 13,2016
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ORDINANCE NO. 2016-01
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, SEMINOLE COUNTY,
FLORIDA; AMENDING CHAPTER 12, MOTOR
VEHICLES AND TRAFFIC, OF THE WINTER SPRINGS
CODE OF ORDINANCES TO CREATE A NEW ARTICLE
V. RELATED TO THE IMPOUNDMENT OF MOTOR
VEHICLES UNDER CERTAIN CIRCUMSTANCES
INCLUDING BEING USED TO FACILITATE CERTAIN
MISDEMEANOR CRIMES AND TO VIOLATE CERTAIN
PARKING AND TRAFFIC REGULATIONS; REPEALING
SECTION 12-54 OF THE CITY CODE; PROVIDING FOR
THE REPEAL OF PRIOR INCONSISTENT ORDINANCES
AND RESOLUTIONS, INCORPORATION INTO THE
CODE, SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS
, the City of Winter Springs, Florida, is granted the authority,
under § 2(b), Art. VIII of the State Constitution, to exercise any power for municipal purposes,
except when expressly prohibited by law; and
WHEREAS,
the City Commission
finds that motor vehicles are frequently used to facilitate the commission of
certain crimes; and
WHEREAS,
the City Commission also finds that motor vehicles parked in violation of
duly enacted parking regulation applicable within the city, or left unattended, where such
vehicles impede traffic, create a traffic hazard, and obstruct access to the city's utility facilities
are potentially harmful and dangerous to the public; and
WHEREAS,
the City Commission desires to enact a vehicle impoundment ordinance
that empowers police to impound motor vehicles that were used in the commission of certain
misdemeanor crimes or parked or left unattended in such a manner to be potentially harmful and
dangerous to the public; and
WHEREAS
, and the police
powers vested in the City by law, the City Commission desires to adopt this Ordinance in order
to discourage and deter the commission of certain potentially harmful activities and criminal
offenses within the jurisdictional limits of the City; and
WHEREAS,
the City Commission of the City of Winter Springs, Florida, hereby finds
City of Winter Springs
Ordinance No. 2016-01
Page 1 of 10
this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of
Winter Springs.
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS HEREBY ORDAINS, AS FOLLOWS:
Section 1. Recitals.
The foregoing recitals are hereby fully incorporated herein by
reference as legislative findings of the City Commission of Winter Springs.
Section 2. Estab
Vehicles.
of the Code of Ordinances of the City of Winter Springs, Florida, is hereby
established, as follows (proposed additions to City Code are indicated by underline):
ARTICLE V. IMPOUNDMENT OF MOTOR VEHICLES
Sec. 12-100. Impoundment of motor vehicles used to facilitate certain misdemeanor crimes
and parking and traffic regulations.
[[599,1483,881,1540][12][B,I,][Times New Roman]]Definitions. [[844,1483,894,1540][12][B,I,][Times New Roman]]
(a)
(1) [[748,1602,1000,1659][12][,I,][Times New Roman]]Lienholder [[970,1602,1020,1659][12][,,][Times New Roman]] [[992,1602,2300,1659][12][,,][Times New Roman]]means a bona fide lienholder
whose security interest in the
vehicle has been perfected in the manner prescribed by law prior to the seizure.
(2) [[746,1779,1076,1836][12][,I,][Times New Roman]]Motor Vehicle [[1048,1779,1098,1836][12][,,][Times New Roman]] [[1072,1779,1230,1836][12][,,][Times New Roman]]means [[1199,1779,1249,1836][12][,,
][Times New Roman]] [[1223,1779,1295,1836][12][,,][Times New Roman]]a [[1268,1779,2300,1836][12][,,][Times New Roman]]motor vehicle as defined in section 320.01(1),
Florida Statutes.
(3) [[750,1956,917,2013][12][,I,][Times New Roman]]Owner [[886,1956,936,2013][12][,,][Times New Roman]] [[911,1956,1374,2013][12][,I,][Times New Roman]]or Owner of Record [[1350,1956,1400,2013][12][
,,][Times New Roman]] [[1375,1956,2300,2013][12][,,][Times New Roman]]means the person or persons to whom a
particular motor vehicle is registered or titled prior to the seizure and
impoundment authorized under this section.
(4) [[748,2192,800,2249][12][,I,][Times New Roman]]P [[781,2192,1152,2249][12][,I,][Times New Roman]]erson in Control [[1116,2192,1166,2249][12][,,][Times New Roman]] [[1130,2192,1640,2249][12][,,][
Times New Roman]]means a person who is [[1605,2192,2300,2249][12][,,][Times New Roman]]found to be in the control of the
motor vehicle at the time of the alleged violation other than the owner of the
motor vehicle.
(5) [[750,2428,1162,2485][12][,I,][Times New Roman]]Special Magistrate [[1135,2428,1185,2485][12][,I,][Times New Roman]] [[1153,2428,2300,2485][12][,,][Times New Roman]]means an individual
designated and determined to be
qualified by the city commission pursuant to Section 2-58 of the City Code. In the
context of this section, the special magistrate shall have the same powers granted
pursuant to section 2-59 of the City Code.
[[600,2722,892,2779][12][B,I,][Times New Roman]]Construction [[870,2722,1189,2779][12][B,I,][Times New Roman]]; Applicability [[1160,2722,1211,2779][12][B,I,][Times New Roman]]. [[1174,2722,1224,2779
][12][B,I,][Times New Roman]]
(b) This section shall not apply and no vehicle shall be
City of Winter Springs
Ordinance No. 2016-01
Page 2 of 10
seized and impounded pursuant to this section if:
(1) A law enforcement agency has expressed its intent, in writing, to institute
state forfeiture proceedings on the motor vehicle pursuant to the Florida
Contraband Forfeiture Act. It is the intent of this subsection to limit the
application of this section to crimes and vehicle situations that are not subject to
the Florida Contraband Forfeiture Act.
(2) The vehicle was reported stolen at the time that it is subject to seizure and
impoundment.
(3) The person in control of the vehicle at the time of the seizure and
impoundment of the motor vehicle was not the owner of the vehicle, and the
police officer after reasonable inquiry had probable cause to believe that the
owner did not know, or did not have reason to know, that the vehicle was being
used or was likely to be used in the criminal activity which resulted in the seizure
and impoundment of the vehicle.
Misdemeanor [[910,1423,1344,1480][12][B,I,][Times New Roman]]Conduct Prohibited
(c) . A motor vehicle used in the commission of
one or more of the following proscribed misdemeanor offenses is subject to seizure and
impoundment under this section:
(1) A motor vehicle used to facilitate the commission or attempted
commission of any misdemeanor act of prostitution, assignation or lewdness as
defined in section 796.07, Florida Statutes, or the exposure of sexual organs as set
forth in section 800.03, Florida Statutes.
(2) A motor vehicle that is knowingly used in the commission of any
misdemeanor act of possession or attempted possession of any controlled
substance as defined in section 893.02, Florida Statutes.
(3) A motor vehicle that is used, intended or attempted to be used, to facilitate
the commission of any misdemeanor violation of Chapter 893, Florida Statutes.
(4) A motor vehicle that is used, intended or attempted to be used, to facilitate
the commission of any violation of section 316.061, Florida Statutes (leaving the
scene of an accident).
(5) A motor vehicle that is used, intended or attempted to be used, to facilitate
the commission of any violation of section 322.34, Florida Statutes, driving while
license suspended, revoked, canceled, or disqualified.
City of Winter Springs
Ordinance No. 2016-01
Page 3 of 10
(6) A motor vehicle that is being operated by a person driving under the
influence as defined in section 316.193, Florida Statutes, when such violation is a
misdemeanor as defined by Florida Statutes.
(7) A motor vehicle that is used in the commission of the offense of driving
without a valid license or permit in violation of 322.03, Florida Statutes.
(8) A motor vehicle that is being operated on a public street and is not covered
by liability insurance, as required by chapter 324, Florida Statutes.
(9) A motor vehicle that is used in the commission of the misdemeanor
offense of criminal mischief in violation of section 806.13, Florida Statutes.
(10) A motor vehicle that is used to dump litter in any manner as prohibited by
section 403.413(4), Florida Statutes, in an amount exceeding 15 pounds in weight
or 27 cubic feet in volume, but not exceeding 500 pounds in weight or 100 cubic
feet in volume and not for commercial purposes.
(11) A motor vehicle that is being operated by a person that presents proof of
insurance in violation of Section 316.646(4), Florida Statutes (knowingly
presenting proof of insurance not currently in force).
(12) A motor vehicle that is: (i) parked in violation of any duly enacted parking
regulation applicable within the city where such vehicle impedes traffic, creates a
traffic hazard, obstructs access to the city's utility facilities, including but not
limited to, utility lines, lift stations, fire hydrants and water meters; (ii) appears to
be abandoned; (iii) left unattended on the street because the driver of the vehicle is
taken into custody by law enforcement and the vehicle is causing a traffic hazard
or the vehicle is subject to potential damage or theft; (iv) left unattended on
private property because the driver of the vehicle is taken into custody by law
enforcement and the property owner, or person in control of the property, has not
consented to leaving the vehicle on the subject property vehicle.
Seizure and Impoundment
(d) . Whenever a police officer has probable cause to
believe that a motor vehicle is subject to seizure and impoundment pursuant to this
section, the police officer shall be authorized to:
(1) Provide for the towing of the motor vehicle to a facility, controlled by the
city or .
City of Winter Springs
Ordinance No. 2016-01
Page 4 of 10
(2) Provide written notice of such seizure and impoundment to all persons
whom the city knows, or with reasonable investigation should know, is the owner
of record or the person in control of the motor vehicle. The written notice shall
advise the persons of the following:
a. The right to request a hearing pursuant to this section to contest the seizure
and impoundment of the motor vehicle;
b. The right to request a hearing pursuant to this section to contest the seizure
and impoundment of the motor vehicle and immediately retrieve the vehicle
from the towing facility upon the posting with the city of a cash bond, money
order, or certified check in the amount of $550.00, plus towing and storage
costs; or
c. The right to waive the hearing and immediately retrieve the vehicle from
the towing facility upon the payment of the $250.00 administrative penalty,
plus towing and storage costs. The waiver shall be in writing.
Notice of Impoundment.
(e) The required notices to be given pursuant to this
section shall be provided by hand delivery at the time of the seizure and impoundment of
the motor vehicle to the person in control and all other persons whom the city knows, or
with reasonable investigation should know, have a legal interest in the motor vehicle,
including the owner of record and any lienholders, by certified mail, return receipt
requested, within 72 hours of the time of the impoundment excluding Saturdays, Sundays,
and legal holidays.
Request for Hearing.
(f) The owner of record of the motor vehicle, or his/her agent
or authorized representative shall make a written request for a hearing within seven (7)
days from the date the notice of impoundment is received. The request for hearing shall
be delivered to artment at the address set forth in the notice of
impoundment by hand delivery or certified mail, return receipt requested.
Failure to Request Hearing.
(g) If a proper request for hearing is not made within
the required seven (7) days, the owner of record shall be deemed to have waived the right
to a hearing. The motor vehicle shall only be released upon the payment of the $500.00
administrative penalty, plus towing and storage costs.
Hearing before Special Magistrate.
(h)
(1) The city shall hold a hearing under this section before a special magistrate
within ten (10) days of receipt of a timely written request for hearing, excluding
City of Winter Springs
Ordinance No. 2016-01
Page 5 of 10
Saturdays, Sundays, and legal holidays.
(2) At the hearing, the city shall have the burden to show, by clear and
convincing evidence that the motor vehicle subject to impoundment and seizure
was used in violation of this section. If the owner of the vehicle raises as a defense
at the hearing that he/she was unaware that the motor vehicle was being used or
was likely to be used in violation of this section, the city shall establish by a
preponderance of the evidence that the owner either knew, or should have known
after a reasonable inquiry, that the vehicle was being used or was likely to be used
in the criminal activity which resulted in the seizure and impoundment of the
vehicle. Evidence that an owner received written notification from a law
enforcement agency and acknowledged receipt of the notification in writing, that
the vehicle had been used in violation of this section on a prior occasion by the
person in control of the vehicle at the time of seizure and impoundment, may be
used to establish actual knowledge. In addition, if the owner of the vehicle raises
as a defense at the hearing that the vehicle was stolen at the time it became subject
to impoundment, the owner must establish by preponderance of the evidence that
the vehicle was stolen and that the owner must have formally reported the vehicle
as stolen to a law enforcement agency.
(3) The formal rules of evidence shall not apply at the hearing, but
fundamental due process shall be observed and shall govern the proceedings.
Irrelevant, immaterial, or unduly repetitious evidence shall be excluded, but
hearsay and circumstantial evidence is admissible. All other evidence of a type
commonly relied upon by reasonably prudent persons in the conduct of their
affairs shall be admissible whether or not such evidence would be admissible in a
trial in the courts of the State. The owner of the motor vehicle shall have the right
to be represented by counsel and the police chief or is designee may be
represented by the city attorney. Each party and the police chief shall also have
the right to call and examine witnesses under oath, to introduce documentary
evidence or exhibits, to cross- examine opposing witnesses on any relevant matter
even though the matter was not covered under direct examination, to impeach any
witness regardless of which party first called him to testify, and to submit rebuttal
evidence.
(4) If, after the hearing, the special magistrate determines that the city met its
burden of proof and the motor vehicle was used in violation of this section, the
special magistrate shall enter an order finding the owner of record of the motor
vehicle civilly liable to the city for an administrative civil penalty of $500.00, plus
final hearing costs of fifty dollars ($50.00), if applicable, and requiring the
continued impoundment of the vehicle if the vehicle has not already been
City of Winter Springs
Ordinance No. 2016-01
Page 6 of 10
retrieved by the owner. The owner of the motor vehicle or his/her agent or
authorized representative, if he/she has not already done so, may immediately
retrieve the vehicle from the towing facility upon payment of the administrative
penalty of $500.00, plus final hearing costs of fifty dollars ($50.00), if applicable,
and the accumulated costs of towing and storing the vehicle.
(5) If, after the hearing, the special magistrate determines that the city did not
meet its burden of proof and the motor vehicle was not used in violation of this
section, the motor vehicle shall be released forthwith to the owner or his/her agent
or authorized representative without the imposition of the administrative civil
penalty or final hearing costs or the costs of towing and storing the vehicle. If the
owner, agent or authorized representative has already posted a bond, certified
check or money order for the immediate release of his/her vehicle, the bond,
certified check or money order shall be refunded to the owner, agent or authorized
representative.
(6) If the owner of the motor vehicle or his/her agent or authorized
representative fails to attend the hearing, and the special magistrate finds that the
city has complied with the notice procedures set forth herein, then such failure
shall constitute a waiver of the owner's right to a hearing, and the special
magistrate shall enter an order finding the owner of record of the motor vehicle
civilly liable to the city for an administrative civil penalty of $500.00, plus final
hearing costs of fifty dollars ($50.00), if applicable, and requiring the continued
impoundment of the vehicle if the vehicle has not already been retrieved by the
owner. The owner of the motor vehicle or his/her agent or authorized
representative, if he/she has not already done so, may immediately retrieve the
vehicle from the towing facility upon payment of the administrative penalty of
$500.00, plus final hearing costs of fifty dollars ($50.00), if applicable, plus the
accumulated costs of towing and storing the vehicle.
Recording Liens; Settlements.
(i)
(1) A certified copy of an order of the special magistrate imposing an
administrative civil penalty and hearing costs may be recorded in the public
records of any county. Upon recording, the order shall constitute a lien against any
real or personal property owned by the owner of the motor vehicle. Upon petition
to the circuit court, such order may be enforced in the same manner as a court
judgment by the sheriffs of this state, including levy against the real or personal
property, but such order shall not be deemed to be a court judgment except for
enforcement purposes. The city attorney or designee is authorized to foreclose any
lien established hereby in the same manner as is provided by law for the
City of Winter Springs
Ordinance No. 2016-01
Page 7 of 10
foreclosure of other municipal liens or alternatively, as provided by law for the
foreclosure of mortgages. No lien created pursuant to this chapter may be
foreclosed on real property which is homesteaded under § 4, Art. X of the State
Constitution. In an action to enforce an order or to foreclose on a lien as provided
in this section, the city shall be entitled to recover all costs, including reasonable
attorney's fees, that it incurs thereby.
(2) The city manager, in consultation with the police chief and city attorney is
hereby authorized to enter into settlement agreements as may be appropriate to
accomplish the objectives of this section. In addition, nothing herein shall
prohibit the city from releasing a motor vehicle seized under the provisions of this
section, if such release is determined to be in the best interests of the city.
Administrative civil penalty; payment
(j). If an administrative civil penalty and
hearing fee are imposed pursuant to this section, such penalty and fees shall constitute a
debt due and owing the city and shall be independent of the city's return or release of the
vehicle. If a cash bond, certified check or money order has been posted pursuant to this
section, the bond, certified check or money order shall be applied toward payment of the
penalty and hearing fee, if applicable.
Return of vehicle; disposition of unclaimed vehicles
(k). Except as provided
otherwise in this section, an impounded vehicle shall be returned to its record owner, or
to the person who is legally entitled to possess the vehicle, upon his/her payment of the
administrative civil penalty and hearing fee, if applicable, to the city, plus towing and
storage fees, unless the vehicle had been sold or otherwise disposed of to satisfy a
judgment or enforce a lien as provided by law.
Motor vehicles which remain unclaimed after a final determination is made by a special
magistrate or waiver of a hearing shall be disposed of pursuant to Florida Statutes and all
other applicable laws.
Sec. 42-125. - Appeal.
(l)The owner of the motor vehicle that has been the subject
of a seizure and impoundment pursuant to this section or the city may appeal the final
ruling and decision of the special magistrate to the circuit court within 30 days of the date
of the final order being appealed. The city may charge the appellant a reasonable fee for
preparation of the record for purposes of making the appeal.
Towing and Impoundment Services.
(m) The city manager is hereby
authorized to enter into contracts with one or more towing companies to implement the
provisions of this section. The contracts shall be in a form approved by the city attorney.
City of Winter Springs
Ordinance No. 2016-01
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Settlements.
(n) After seizure and impoundment of a vehicle pursuant to this
section, regardless of whether a hearing has been held by a special magistrate, all
settlements affecting the City must be approved by the city manager. If the city manager
is unavailable and a delay would adversely affect the settlement, approval may be given
by the police chief.
Section 3.Repeal Section 12-54 of the City Code.
Section 12-54 of the City Code is
hereby repealed as follows (proposed deletions to City Code are indicated by strikethrough):
Sec. 12-54. - Impoundment and redemption of illegally parked or abandoned
vehicles.
Members of the police department shall be vested with the authority and it
shall be their duty to impound any unoccupied vehicle parked in violation of any of the
parking regulations of the city where such vehicle impedes traffic, creates a traffic hazard,
obstructs access to the city's utility facilities, including but not limited to, utility lines, lift
stations, fire hydrants and water meters, or appears to be abandoned. Thereafter, such
vehicle shall be released to the duly identified owner thereof only upon the payment of
any fine and the storage, towing, and other impounding charge(s). The police department
shall exercise due diligence to identify and notify the owner.
Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions.
All prior
inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior
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 ninety (90) days
after adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to the
City Charter.
City of Winter Springs
Ordinance No. 2016-01
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ADOPTED
by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the _____ day of ______________, 2016.
____________________________________
CHARLES LACEY, Mayor
ATTEST:
_____________________________________
ANDREA LORENZO-LUACES
City Clerk
APPROVED AS TO LEGAL FORM AND SUFFICIENCY
FOR THE CITY OF WINTER SPRINGS ONLY.
_____________________________________
ANTHONY A. GARGANESE
City Attorney
First Reading: June 13, 2016
Legal Ad Published: ________________
Effective Date: _______________
City of Winter Springs
Ordinance No. 2016-01
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