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Home My WebLink AboutO-12384J-03-509 7/16/03 ORDINANCE NO. AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 42/ARTICLE IV, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "POLICE/TOWING AND IMMOBILIZATION OF MOTOR VEHICLES," TO PROVIDE FOR NOTICE, HEARING PROCESS, AND BOND PROCEDURES FOR THE RECOVERY OF IMPOUNDED VEHICLES; MORE PARTICULARLY BY ADDING NEW SECTION 42-112 TO SAID CODE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. Article IV of Chapter 42 of the Code of the City of Miami, Florida, as amended, entitled "Towing and Immobilization of Motor Vehicles" is amended in the following particulars:l/ "Chapter 42 POLICE ARTICLE IV. TOWING AND IMMOBILIZATION OF MOTOR VEHICLES 1� Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. 12384 Sec. 42-112. Impoundment of a vehicles) by a law enforcement agency - procedures for notice, hearing process and posting of cash or security bonds. (1) Notice. The registered owner of a vehicle impounded by a law enforcement agency shall receive a notice by telephone or by mail from the towing company, pursuant to the time parameters contained herein, that a vehicle has been towed. The registered owner shall be advised of (i) the location of the vehicle, (ii) methods to redeem the vehicle, (iii) the registered owner's right to request an adversarial hearing before an administrative hearing officer to contest the validity of the tow and the imposition of fees within seven (7) working days of receipt of the notice, and (iv) the procedure for requestinq such adversarial hearin (a) By telephone. If the registered owner was not present when the vehicle was towed, the towing company shall, within two (2) business days of a tow, provide telephone notice to the registered owner, provided that the telephone number of the registered owner is readily available. (b) By mail. If the telephone number is not readily available or the telephone call is unsuccessful, and to the extent allowable by law, tow companies shall make a good faith effort within (3) three business days to mail the statutory lien notice letter as required by Sec. 713.78, F.S., but in no case shall such notice be mailed any later than (7) seven working days after the vehicle was towed. (2) Hearing Process: Followinq the City's receipt of the request for an adversarial hearing b the registered owner, the City shall schedule such hearing to take place before a hearing officer within (30) thirty days. The hearing officer shall conduct a full adversarial hearing, and will render a decision Page 2 of 4 12384 in writing at the conclusion of the hearing. At the hearing, it shall be the City's burden to demonstrate the existence of probable cause as to the legality of recovery and the validity of the charges for the towing and impoundment of the vehicle. If no probable cause is found, the City is liable for the cost of the towing and associated charges. If the hearing officer finds that adequate notice by the tow company was not provided, the storage charges of the tow company cannot be collected and/or will be refunded for any charge caused by the inadequate notice. No vehicle shall be disposed of by the tow company or the City of Miami Police prior to the conclusion of the hearing. Formal rules of evidence shall not apply at the hearing and hearsay and circumstantial evidence shall be admissible. (3) Bond Procedure: A registered owner ma obtain the immediate release of an impounded vehicle by posting either a cash or security bond in an amount equal to the accrued towing and storage fee with the City of Miami Police Department. Section 2. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are repealed. Section 3. If any section, part of section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Page 3 of 4 12384 Section 4. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof.21 PASSED ON FIRST READING BY TITLE ONLY this 12th day of June , 2003. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 17th day of July , 2003. UEL A. DIAZ, MAY ATTEST: J' r L PRISCILLA A. THOMP N CITY CLERK _ APPRO'�AS I F'�"D CORRECTNESS V VILARELLO 459:GKW:et:BSS This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. Page 4 of 4 12384 Second Reading Ordinance CITY OF MIAMI CITY ATTORNEY'S OFFICE MEMORANDUM TO: Mayor and Members of the City Commission FROM: Alejandro Vilarello, City Attorney DATE: July 10, 2003 RE: Proposed Second Reading Ordinance -July 17, 2003 City Commission Meeting Amending Chapter 42/Article IV of the Code of the City of Miami, Florida, as amended, Entitled "Police Towing and Immobilization of Motor Vehicles," to Provide for Notice, Hearing Process, and Bond Procedures for the Recovery of Impounded Vehicles (J-03-509) The attached proposed Ordinance is presented for second reading. It was passed, as modified, on first reading at the City Commission meeting on June 12, 2003. W904:AS Attachment c: Joe Arriola, City Manager Elvi G. Alonso, Agenda Coordinator 16 MIAMI [DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared O.V. FERBEYRE, who on oath says that he or she is the SUPERVISOR, Legal Notices of the Miami Daily Business Review f/Wa Miami Review, a daily (except Saturday, Sunray and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of PO 11059 CITY OF MIAMI NOTICE OF PROPOSED ORDINANCES in the XXXX Court, was published in said newspaper in the issues of 07/07/2003 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discounttrebate, co on or refund for the purpose of securing�Ks_adyorsement jor publication in the said and sut §olribed before 07 (day of O.V. FERBEYRE per ANETf LLERENA kATE OF FLORIDA COMMISSION NO. CC 912958 RFCFiItID 2003 JUL -9 AM 10: 26 PRISCILL , A. THOMPSON CITY CLERK CITY OF MIAMI, FL CITY OF MIAMI, F OMA NOTICE 01112PROPCOMORDINANCES Notice is hereby given that the City Commission of the City of Miami, Florida, vAN consider the following ordinances on second and final reading on July 17, 2003 commencing at 9:00 a.m., in the City Commission Chambers, 3500 Pan American Drive, Miami, Florida: ORDINANCE NO. N ORDINANCE OF THE MIAMI CITY COMMiSSIONAF*ND- ING CHAPTER 42/ARTICLE IV, OF THE COCITY ' OF MIAMI, FLORIDA, AS AMENDED, ENTITLEff.fCE/ TOWING AND IMMOBILIZATION OF MOTOR VEHICLES; TO PROVIDE FOR NOTICE, HEARING PROCESS, AND BOND PROCEDURES FOR THE RECOVERY OF IMPOUNDED VEHI- CLES; MORE PARTICULARLY BY. ADDING NEW SECTION 42-112 TO SAID CODE; CONTAINING A REPEALER PROVI- SION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATJ.' ORDINANCE NO. AN ORDINANCE OF THE MIAMI CITY COMMISSION AMEND- ING ORDINANCE NO. 12280, THE CAPITAL PROJECTS AP- PROPRIATIONS ORDINANCE, TO INCREASE APPROPRIA- TIONS FOR CAPITAL IMPROVEMENT PROJECT NO. 313855 ENTITLED "OCTOBER 2000 FLOOD RECOVERY" IN THE AMOUNT OF $8,500,000 CONSISTING OF $3,150,000 OF LO- CAL OPTION GAS TAX REPROGRAMMED FROM CIP NO. 341183, $4,000,000 OF STORM SEWER BONDS, $1,000,000 OF STORMWATER UTILITY TRUST FUNDS AND $350,000 OF STORMWATER UTILITY TRUST FUND INTEREST; CON- TAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. ORDINANCE NO. AN ORDINANCE OF THE MIAMI CITY COMMISSION AMEND- ING.CHAPTER 2/ARTICLE XUDIVISIONS 2,3 AND 16 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, EN- TITLED "ADMINISTRATION/BOARDS, COMMITTEES, COM- MISSIONS/STANDARDS FOR CREATIQN AND REVIEW OF BOARDS GENERALLY, INTERNATIONAL TRADE BOARD AND SISTER CITIES COORDINATING COUNCIL" TO ABOL- ISH THE EXISTING INTERNATIONAL TRADE BOARD AND THE SISTER CITIES COORDINATING COUNCIL,, AND SUB- STITUTE IN LIEU THEREOF NEW DIVISION 3, ENTITLED THE MAYOR'S INTERNATIONAL COUNCIL", TO SET FORTH THE COUNCIL'S PURPOSE, POWERS, AND DUTIES, AND PROVIDE FOR GOVERNING BODY, COMPOSITION AND AP- POINTMENTS, TERMS OF OFFICE AND VACANCIES; MEM- BERSHIP ELIGIBILITY REQUIREMENTS; OFFICERS; OATH; QUORUM AND VOTING; MEETINGS; ATTENDANCE. RE- QUIREMENTS; INDEMNIFICATION; APPOINTMENT OF AN EXECUTIVE DIRECTOR, TERM, QUALIFICATIONS, COM- PENSATION, GENERAL POWERS AND RESPONSIBILITIES; EMPLOYMwr OF ASSISTANTS, COUNSEL; APPROVAL OF BUDGET; ANNUAL REPORT AND AUDIT; ABOLITION OF COUNCIL; AND PROVIDING FOR SUNSET REVIEW; MORE PARTICULARLY BY AMENDING SECTIONS 2-887 AND 2.892; REPEALING -DIVISION 3, CONSISTING OF SECTIONS 2-921 THROUGH 2-930 AND DIVISION 16, CONSISTING OF SEC- TIONS ECTIONS 2-1231 THROUGH 2-1238 IN THEIR ENTIRETY, AND SUBSTITUTING IN LIEU THEREOF NEW DIVISION 3, CON- SISTING OF SECTIONS 2-921 THROUGH 2-930 TO SAID CODE; CONTAINING A REPEALER PROVISION, A SEVERA- BILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NO. AN ORDINANCE OF THE MIAMI CITY COMMISSION AC- CEPTING A GRANT FROM CORAL GABLES HOSPITAL/ TENET SOUTH FLORIDA HEALTHSYSTEM'AND TENET FOUNDATION, TO ESTABLISH A NEW SPECIAL REVENUE FUND ENTIIi ED "CORAL GABLES HOSPITALITENET FOUN- DATION CONTRIBUTION" AND APPROPRIATING FUNDS FOR THE OPERATION OF SAME IN THE AMOUNT OF $2,000; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NEC- ESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO ACCEPT THE GRANT; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. ORDINANCE NO. AN ORDINANCE OF THE MIAMI CITY COMMISSION AMEND- ING CHAPTER Z9£ ARTICLE IV, OF THE CODE OF THE CITY OF MIAMI, FLCA$ AMENDED, ENTITLED -LANDFILLS AND WATERER tOVEMENTS/WATERFRONT ADVI- SORY BOARD" TO INCREASE THE MEMBERSHIP OF THE WATERFRONT ADVISORY BOARD FROM TEN TO TWELVE MEMBERS, ELIMINATE THE ALTERNATE MEMBER POSI- f1ON, AND PROVIDE FOR THE APPOINTMENT OF TWO IN- DIVIDUALS BY THE MAYOR AND PROVIDE FOR INSTANCES OF A TIE VOTE; MORE PARTICULARLY BY AMENDING SEC- TION 29-123 OF SAID CODE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Said proposed ordinances may be inspected by the public at the Office of the City Clerk, 3500 Pan American Drive, Miami, Flori- da, Monday through Friday, excluding holidays; between the flours of 8 a.m. and 5 p.m. AN interested persons may appear at the meeting and may be heard with,respect to the proposed ordinances. Should any person desire to ap- peal any decision of the City Commission with respect to any matter to be considered at this meeting, that person shall ensure that a verbatim record of the proceedings is made including all testimony and evidence upon which any appeal may be based. PRISCILLA A. THOMPSON CITY CLERK (#11059) 7/7 03-4-41/377591M wpSdN4HL d� Uld