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Home My WebLink AboutO-13146Vop City of Miami F .. 19611F 111 *'Ir Legislation i 0 R �O Ordinance: 13146 File Number: 10-00191 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 3/11/2010 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 42/ARTICLE V OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "POLICE/VEHICLE IMPOUNDMENT" BY CHANGING THE AMOUNT OF THE CIVIL PENALTY FROM $1000 TO $500; MORE PARTICULARLY BY AMENDING SECTIONS 42-121 AND 41-122; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FORAN EFFECTIVE DATE. WHEREAS, it is the intent of the City of Miami to promote, protect, and improve the health, safety, and welfare of the citizens of the City; and WHEREAS, the use of a vehicle to commit certain misdemeanor law violations severely and adversely impacts the City's ability to achieve these ends; and WHEREAS, the City has enacted the vehicle impoundment ordinance ("Ordinance") to ensure responsible vehicle use within the City, thereby reducing the number of misdemeanor law violations committed using such vehicles; and WHEREAS, the Municipal Home Rule Powers Act and Chapter 162, Florida Statutes, as amended, authorize the City to enforce its ordinances through code enforcement boards (Chapter 162, Part 1), and/or code enforcement officers (Chapter 162, Part 11), or by any other means; and WHEREAS, pursuant to Section 162.03(2), Florida Statutes, as amended, the City has created an alternative code enforcement system by which Ordinance violations are enforced by a City designated special master who presides over hearings, and assesses fines against violators of the Ordinance; and WHEREAS, the City Commission has determined that reducing the administrative penalty from $1000 to $500 is in the best interest of the City and its citizens; 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 adopted and incorporated as if fully set forth in this Section. Section 2. Chapter 42/Article V of the City Code, entitled "Police/Vehicle Impoundment," is amended in the following particulars -{l } City of Miand Page 1 of 4 File Id. 10-00191 (Version: 1) Printed On: 7/18/2017 File Number: 10-00191 "CHAPTER 42 POLICE ARTICLE V. VEHICLE IMPOUNDMENT Enactment Number: 13146 Sec. 42-121. Impoundment of motor vehicles, controlled substances, and prostitution and illegal dumping of waste. (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) Provide written notice of such seizure and impoundment to all persons whom the city knows, or with reasonable investigation should know, have a legal interest in the subject property. The written notice shall advise the persons of the following: a. The right to request a preliminary hearing pursuant to section 42-122 to contest the seizure and impoundment of the vehicle; b. The right to request a preliminary hearing pursuant to section 42-122 to contest the seizure and impoundment of the vehicle and immediately retrieve the vehicle from the towing facility upon the posting with the city of a cash bond in the amount of $1,000.00 $500.00, plus towing and storage costs; or c. The right to waive the preliminary hearing and immediately retrieve the vehicle from the towing facility upon the payment of the $1,090.00 $500.00 administrative penalty, plus towing and storage costs. Sec. 42-122. Hearings, administrative civil penalty. (a) The owner of the motor vehicle, or his/her agent or authorized representative shall make a written request for a preliminary hearing within five days from the date notice is received then: City of Miand Page 2 of 4 File Id. 10-00191 (Version: 1) Printed On: 7/18/2017 File Number: 10-00191 Enactment Number: 13146 (1) The city shall hold such hearings before a special master or alternate special master of the city within ten days of receipt of the written request, excluding Saturdays, Sundays, and legal holidays. At the hearing, the city shall have the burden to show that probable cause exists to believe that the motor vehicle is subject to impoundment and continued seizure under section 42-121. If the vehicle owner raises as a defense at the preliminary hearing that he/she was unaware that the vehicle was being used or was likely to be used in violation of this article, 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 criminal activity. (2) At the hearing, the city shall have the burden to show that probable cause exists to believe that the motor vehicle is subject to impoundment and continued seizure under section 42-121. If the vehicle owner raises as a defense at the preliminary hearing that he/she was unaware that the vehicle was being used or was likely to be used in violation of this article, 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 criminal activity. (3) The formal rules of evidence shall not apply at the hearing and hearsay and circumstantial evidence is admissible. (4) If, after the hearing, the special master or alternate special master determines that probable cause exists to believe that the motor vehicle is subject to impoundment and continued seizure, he/she shall order the continued impoundment of the vehicle and set the date for a final hearing. The owner 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 the posting with the city of a cash bond in the amount of $1,000 $500, plus the accumulated costs of towing and storing the vehicle, without impairing the right to a final hearing. (5) 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. If the owner, agent or authorized representative has already posted a bond for the immediate release of his/her vehicle, the bond shall be refunded to the owner, agent or authorized representative. (b) At the preliminary hearing, a final hearing may be requested by the owner of 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 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 clear and convincing evidence that the vehicle was used as set forth in section 42-121(a)(1) City of Miand Page 3 of 4 File Id. 10-00191 (Version: 1) Printed On: 7/18/2017 File Number: 10-00191 Enactment Number: 13146 through (5). If the owner of the vehicle asserts as a defense that he/she was not aware that the vehicle was being used or was likely to be used in violation of this article, 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 violation of this article. If, after the hearing, a finding is made that the vehicle is subject to impoundment and seizure pursuant to section 42-121(d) does not apply, then the special master or alternate special master of the city shall enter an order finding the owner of record of the vehicle civilly liable to the city for an administrative civil penalty of up to $1,099 $500, as outlined in subsection 42-121(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 this subsection or that one of the exceptions of section 42-121(d) applies, the vehicle shall be returned to the owner along with any cash bond posted. Section 3. If any section, part of a section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 4. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof.{2} Footnotes: {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. {2} 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. City of Miami Page 4 of 4 File Id. 10-00191 (Version: 1) Printed On: 7/18/2017