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Home My WebLink AboutO-11621J-98-298 3/10/98 11621 ORDINANCE NO. AN EMERGENCY ORDINANCE AMENDING CHAPTER 42, ARTICLE VI, SECTIONS 42-82 AND 42-83, OF THE CODE OF. . THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "VEHICLE IMPOUNDMENT," BY INCREASING THE AMOUNT OF THE ADMINISTRATIVE CIVIL PENALTY TO BE PAID FOR THE REDEMPTION OF IMPOUNDED VEHICLES, AS HEREIN SPECIFIED, TO $1,000.00; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, prostitution, drug related crimes and crimes involving driving while intoxicated are a threat to the health, safety and public welfare of the City of Miami; and WHEREAS, motor vehicles are routinely used to facilitate the commission of these crimes; and WHEREAS, this use is destructive to the rights and values of the citizens of the City of Miami; and WHEREAS, the City Commission of the City of Miami finds that it is in the best interest of the City to impound motor vehicles that are used to facilitate the commission of drug or prostitution related crimes or crimes involving driving while intoxicated thereby protecting the health, safety, and welfare of the citizens of the City of Miami; 11621 NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section Section 2. Sections 42-82 and 42-83 of the Code of the City of Miami, Florida, as amended, are hereby amended in the following particulars': "ARTICLE VI. VEHICLE IMPOUNDMENT Sec. 42-82. Impoundment of motor vehicles, controlled substances, prostitution and driving under the influence. (b) Upon seizing the motor vehicle, the police officer shall: (1) Provide for the towing of the vehicle pursuant to the City Rotational Wrecker System and all applicable towing procedures; and (2) Notify in writing the person determined to be the owner of the vehicle and any person who is found to be in control of the vehicle at the time of the seizure of the fact of the seizure and impoundment of the vehicles, as well as the right to request a preliminary hearing pursuant to Section 42-83 or to pay as follows: One thousand dollars ($1,000.00) administrative civil penalty, plus towing and storage costs for impounded vehicles as outlined in Article VI, Section 42-82(a)(1) through (4), in lieu of requesting the preliminary hearing. Sec. 42-83. Hearings, administrative civil penalty. ' 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. 2 11621 (a) The owner of the motor vehicle, or his/her agent or authorized representative shall make a written request for a preliminary hearing within 5 days from the date notice is received then: (2) If, after the hearing, the Special Master or Alternate Special Master determines that there is probable cause to believe that the motor vehicle is subject to impoundment and continued seizure, he/she shall order the continued impoundment of the vehicle unless the owner or his/her agent or authorized representative pays the City . an administrative civil penalty of one thousand dollars ($1,000.00), as outlined in Article VI, Section 42-82(b)(2), or posts with the City a cash bond in the amount of one thousand dollars ($1,000.00) ($500,044, plus the accumulated costs of towing and storing the vehicle. If, after the hearing, there is a finding of no probable cause, the vehicle shall be released forthwith to the owner or his/her agent or authorized representative without the imposition of the administrative civil penalty. (b) At the preliminary hearing, a final hearing may be requested by the owner or his/her agent or authorized representative. The final hearing shall be scheduled and held unless continued by order of the Special Master or Alternate Special Master no later than thirty (30) days after the date that the vehicle was seized and impounded. At the final hearing, the City shall have the burden to show by a preponderance of the evidence that the vehicle was used as set forth in Sections 42-82(a)(1) - (4). If, after the hearing, a finding is made that the vehicle is subject to impoundment and seizure pursuant to Section 42-82(d) apply, then the Special Master or Alternate Special Master of the City of Miami shall enter an Order finding the owner of record of the vehicle civilly liable to the City for an administrative civil penalty of one thousand dollars ($1,000.00), as outlined in Article VI, Section '42-82(b)(2) plus towing and storage costs. If, after the hearing, a finding is made that the City did not meet its burden of proof as set forth in the subsection or that one of the exceptions of Section 42-82(d) applies, the vehicle shall be returned to the owner along with any cash bond posted." Section 3. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are hereby repealed. 3 11621 Section 4. 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. Section 5. This Ordinance is hereby declared to be an emergency measure on the grounds of necessity of the City of Miami to make the required and necessary payments to its employees and officers, payment of its debts, necessary and required purchases of goods and supplies, and to generally carry on the functions and duties of municipal affairs. Section 6. The requirements of reading this Ordinance on two separate days is hereby dispensed with by an affirmative vote of not less than four -fifths of the members of the City Commission. Section 7 This Ordinance shall become effective immediately upon adoption. PASSED AND ADOPTED BY TITLE ONLY this loth day of March, 1998. MAYOR In accordance with Miami Code Sec. 2-36, since the Mayor did not indicate approval of Ws legislation by signing it in the designated place provided, said legislation now !tbcomes effective with the elapse of ten (10) day from the,date of Co missicn action r ing same, without the Mayor ercis' a t . ATTEST: W e . oeman; City Clerk WALTER J. FOEMAN CITY CLERK 4 11621 PREPARED AND APPROVED BY: AYDE C. PINO ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: ,J EL EDWARD M,XXWELL 114TERIM CITY ATTORNEY W459:CSK:HCP 11621 WALTER J. FOEMAN City Clerk May 26, 1998 Evelyn Jefferson Municipal Code Corp. P.O. Box 2235 Tallahassee, FL 32316 Dear Ms. Jefferson af 'ffliam-ot "� V OF,� 1= \Y 1 11 J fib., t'�c JOSE GARCIA-PEDROSA City Manager Enclosed herewith please find a copy of the following Ordinances which amend the Code of the City of Miami, Florida: 11619 11-621, 11622 11624 11625 11626 11627 11628 11629 11630 11631 .11632 11633 11634 11640 11642 11645 11650 11651 If I can be of any further assistance, please do not hesitate to call. Yours truly, allastegui-Alonso Deputy City Clerk Enc. OFFICE OF THE CITY CLERK/ 3500 Pan American Drive/P.O. Box 330708/Miami, FL 33233/(305) 250-5360/FAX: (305) 858-1610 WALTER 1. FOEMAN City Clerk May 26, 1998 Isel Fernandez Maldonado Court Operations Officer 1351 Northwest 12`h Street Room 8100 (8`h Floor) Miami, FL 33125 Dear Ms. Maldonado: I f -W 0 til ti" Ur�tamt u u � r'O.. FVO 1OSE GARCIA-PEDROSA City Manager Enclosed herewith please find a copy of the following Ordinances which amend the Code of the City of Miami, Florida: 11619 11,62.1 11622 11624 11625 11626 11627 11628 11629 11630 11631 11632 11633 11634 11640 11642 11645 11650 11651 Please acknowledge receipt of same by affixing your signature to the enclosed copy of this letter, and returning it to this office for our files. Thank you. Very truly yours, Walter J. Foeman City Cl By Deputy City Clerk RECEIVED BY: DATE: Enc. OFFICE OF THE CITY CLERK/ 3500 Pan American Drive/P.O. Box 330708/Miami, FL 33233/(305) 250-5360/FAX: (305) 858-1610 tit-q of taxrtlot WALTER J. FOEMAN City Clerk May 26, 1998 Rosemary Ricotta Office of the State Attorney 1351 Northwest 12th Avenue Miami, FL 33136-2111 Dear Ms. Ricotta: 3 ueur unu i 105E GARCIA-PEDROSA City Manager Enclosed herewith please find a copy of the following Ordinances which amend the Code of the City of Miami, Florida: 11619 11624 11622 11624 11625 11626 11627 11628 11629 11630 11631 11632 11633 11634 11640 11642 11645 11650 11651 Please acknowledge receipt of same by affixing your signature to the enclosed copy of this letter, and returning it to this office for our files. Thank you. Very truly yours, Walter J. Foeman City Clerk Deputy City Clerk RECEIVED BY: DATE: Enc. OFFICE OF THE CITY CLERK/ 3500 Pan American Drive/P.O. Box 330708/Miami, FL 33233/(305) 250-5360/FAX: (305) 858-1610 c; a -< b r— t1_..� CITY OF."MIAMI, ETORIWK t� I LEGAL NOTI } All interested persons wii11 take notice :that m 0th dayaf March' 1998 the City Commission of- Miami`-FlorAai, algpted,tFii0ollowii g titled ordinances tip MIAMI DAILY BUSINESS REVIEW w J Published Daily except Saturday, Sunday and ` i ORDINANCE NO.11619 Legal Holidays AM. EMERGENCY ORDINANCE;'AMENDING SECTION 2 - Miami, Dade County, Florida. 884 OF THE CODE OF THE,CITY OF MIAMI FLORIDA AS AMENDED TO SET, SET. FORTH -THE -'PROVISION THAT STATE OF FLORIDA COUNTY OF GRID EXCEPTS THE HOUSING OPPORTUNITIES FOR PERDADE- SONS .W1TH AIDS (HOPWA) ADVISORY' BOARf) (HAB): Before the undersigned authority personally appeared FROM,`NOT HAVING; AN EMPLOYEE: OF MIAMI-DADE Octelma V. Ferbeyre, who on oath says that she Is the COUNTY FLORIDA; OR ANY' MUNICIPALITY ,THEREIN Supervisor, Legal Notices of the Miami Daily Business OTHER THAN -CITY- OF MIAMI EMPLOYEES, SERVE ON. Review Vk/a Miami Review, a daily (except Saturday, Sunday OR BE APPOINTED` TO ANY BOARD OF THE CITY OF- ' and Legal Holidays) newspaper, published at Miami in Dade County, Florida; that the attached copy of advertisement, I MIAMI, FLORIDA; CONTAINING A REPEALER PROVISION being a Legal Advertisement of Notice in the matter of AND A. SEV.ERABILITY ' CLAUSE; - PROVIDING FOR AN EFFECTIVE DATE CITY OF MIAMI t _ ,'. ORDINANCE NO. 11620'_ ;a ORDINANCE NO. 11621 AN ORDINANCE AMENDING_ SECTION III OF ORDINANCE NO.11337, AS AMENDED, ADOPTED JANUARY 25, .1996, THE CAPITAL IMPROVEMENTS APPROPRIATIONS ORDI- NANCE, THEREBY INCREASING THE APPROPRIATIONS in the ...................... XXXXX....................................... Court, 'TO THE EXISTING CAPITAL IMPROVEMENT PROJECT iNO. 322061 ENTITLED: .'TOWER THEATER REHABILITA- was published in said newspaper in the issues of TION' BY AN AMOUNT OF $250,000.FROM-$2;276,800 TO Mar 18 1998 $2,526,800'-CONTAINING A. REPEALER PROVISION AND ..A SEVERABIUTY-CLAUSE. . r ORDINANCE44Ar-t Affiant further says that the said Miami Daily Business J AN'!EMERGENCY-ORDINANCE A_M_E ING CHAPTER 42, Review is a newspaper published at Miami in said Dade rARTICLE Yl, SECTIONS 42-82 AND 42-83, OF THE CODE County, Florida, and that the said newspaper has heretofore OF -THE' CITY OF MIAMI, ."FLORIDA, AS AMENDED, I been continuously published in said Dade County, Florida, i ENTITLED 'VEHICLE IMPOUNDMENT'; BY INCREASING I each day (except Saturday, Sunday and Legal Holidays) and ` THE`AMOUNT, OF,THE-ADMINISTRATIVE CIVIL. PENALTY has been entered as second class mail matter at the post '.TO II BE ,PAID FOR THE ,REDEMPTION OF IMPOUNDED.; office in Miami in said Dade County, Florida, for a period of one year next preceding the first publication of the attached VEHICLES, - AS •,HEREIN..,,SPECIFIED,. 'TO: $1,000.00, copy of.advertisement; and affiant further says that she has -_CONTAINING A _ REPEALER, PROVISION. _AND 'A ' neither paid nor promised any person, firm or corporation SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE any discoun , rebate, commission and r the purpose DATE. - ofs:of secu - g this advertiseme r blicati n in the said news pe Said ordinances may be in§pecied.by the publio at the -Office of. the. City Clerk; 3500 Pan American Drive, Miami, Florida, Monday through Friday; excluding holidays, between the hours of 8 a.m ; and 5 p m..: or o and subscribe a this ! WALTER I FOEMAN`` 18 arch 98 CITYCLERK .......................................... D. 19...... (#4779) 98=4-031819M O (SEAL) � P e( OFFICIAL NOTARY SEAL /� JANETT LLERENA Octelma V. Ferbe 8p} 6b �rownd SSION NUMBER ? CC566004 I. -�` @� MY COMMISSION EXPIRES OF FAO JUNE 23.2000