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Home My WebLink AboutLegislation FR/SRCity of Miami Legislation Ordinance City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 15-00317 Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 42/ARTICLE IV/DIVISION 2 AND CHAPTER 42/ARTICLE IV/DIVISION 4 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "POLICE/TOWING AND IMMOBILIZATION OF MOTOR VEHICLES/NONCONSENSUAL TOWING OF MOTOR VEHICLES FROM PRIVATE PROPERTY," AND "POLICE/TOWING AND IMMOBILIZATION OF MOTOR VEHICLES/POLICE TOWS AND DEPARTMENT OF OFF-STREET PARKING TOWS" RESPECTIVELY, MORE PARTICULARLY BY AMENDING SECTIONS 42-110 AND 42-119 IN ORDER TO ADOPT THE MAXIMUM TOWING RATES AS ESTABLISHED BY MIAMI-DADE COUNTY FOR RECOVERING, TOWING, REMOVING, AND STORING OF MOTOR VEHICLES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. Chapter 42/Article IV/Division 2 and Division 4 of the Code of the City of Miami, Florida, as amended, is amended in the following particulars: {1} "CHAPTER 42 POLICE ARTICLE IV. TOWING AND IMMOBILIZATION OF MOTOR VEHICLES DIVISION 2. NONCONSENSUAL TOWING OF MOTOR VEHICLES FROM PRIVATE PROPERTY * * * Sec. 42-110. Maximum towing and storage rates for nonconsensual towing of vehicles from private property. {a) towing vehicles from private property. The applicable rates shall depend upon the requirements of the towed vehicle, rather than the actual wrecker cla-c utilized. Banc rates shall include hookup, unlocking door, if necessary, and towing. City of Miami Page 1 of 5 File Id: 15-00317 (Version.: 1) Printed On: 3/16/2015 File Number: 15-00317 (1) Ciao A: a: Base rate j, Towing agency 52.50 City administrativc charge (2) Class B: a: Base rate 79.00 j, Towing agency 63.00 +i, City administrativc chargc (-) Class C: a- Base rate 105.00 j, Towing agency 6-9 00 City administrative charge 16.00 16.00 16.00 (4) Class D: a: Base rate $ 131.00 +: Towing agency 115.50 +; City administrative chargc 16.00 (5-) Towing agency administrative services: a: Basic rate after first 21 hours 10.50 This administrative service is not an automatic "add on" but only whop required to administrative services. This charge refers to and includes verification of public V.I.N.; ; owner/lienholder information search; preparation and mailing of the first notification letter to owner. 19, All actual fees fees imposed by a state for obtaining pertinent ownership information and actual F�""yo foes ifl n to a abo o The actual fee required by local tag agcncics of computer service access time may be out of state governmental agcncies may be added to the above charges. Towing iienholders, and governmental agcncies (for ownership/lienholder information request), will be done by certified mail. This administrative service charge will not be imposed by owner/lienholder notification provisions, as required by F.S. §§ 715.05 and 713.78, shall void any and all claims of storage charges by the towing agency for the impound vehicle. city shall send a monthly invoice to the businccc enterprise for payment of the city's administrativc payment -of -th-e-a-d-m-i-n-i-strati-ve-eha-Fge-s-withi41-45-days-ef-th-e-Feeyel-pt-ef-the-i-Mio-168-6-11-a-H-Pes6144-i-11-a-11- City of Miami Page 2 of 5 File Id: 15-00317 (Version: 1) Printed On: 3/16/2015 File Number: 15-00317 business enterprise as set forth in section '12 109. (b) hours of storage shall be without charge. Thereafter, the daily rate shall apply, according to type of impounded and the location of its impoundment; or (b) seven days after notice of such impoundment and location has boon sent via regular mail and via certified mail, return receipt requested, to the of such records, whichever occurs earlier. (1) Any vehinlo -sixx_hours No charge (2) Motorcycles, daily ratc $ '1.50 7 ('I) trailer), trailers, etc. 12.50 Maximum allowable rates for non-consensual towing, police towing and storage for providing tow services at the request of property owners or police agencies. (a) The City hereby adopts and incorporates the maximum rates established by the Miami -Dade Board of County Commissioners pursuant to Sec. 30-476 of the Miami -Dade County Code, as amended, for providing recovery, non -consent towing, removal and storage services at the request of a police agency, Miami Parking Authority or a property owner or authorized representative, with or without the prior consent of the vehicle owner or other authorized person in control of the vehicle. From time to time, the maximum rates may be altered, revised, increased or decreased by the Miami -Dade Board of County Commissioners. Such increase or decrease by the Miami -Dade Board of County Commissioners shall also apply to the City. (b) Business enterprises who provide non-consensual towing services shall not charge in excess of the maximum allowable rates established by the Miami -Dade Board of County Commissioners. No person providing vehicle towing and storage services pursuant to this chapter shall charge any type of fee other than that which the Miami -Dade Board of County Commissioners has established as specific rates. In addition to the maximum rates that may be charged by business enterprises providing services pursuant to this section, the City shall charge an administrative fee of $30.00 for each vehicle that is recovered, towed, removed, or stored within the City. The City shall send a monthly invoice to the business enterprise for payment of the City's administrative charges. The administrative charges are due and payable upon receipt of such invoice. Failure to remit payment of the administrative charges within 15 days of the receipt of the invoice shall result in an additional charge of $525.00. Continued failure to pay the charges after 30 days of receipt of the invoice will result in the suspension of the license and the City may seek additional recourse from the business enterprise as set forth in section 42-109. City of Miami Page 3 of 5 File Id: 15-00317 (Version: 1) Printed On: 3/16/2015 File Number: 15-00317 "DIVISION 4. POLICE TOWS AND DEPARTMENT OF OFF-STREET PARKING TOWS Sec. 442-119 Maximum towing and storage rates for police department and Department of Off Street Parking di n tohod towing anri wrecrer service for private vehi l-e (-a) Tewiilg--rates--pef • readable form at thc customer's point of payment. The following rates are the maximum allowable for wrecker class utilized. Base rates shall include hookup, unlocking door, if necessary, and towing. (1) Class A: Base rate $-92 00 is City or department of off street parking administrativc charge 26.00 Mileage rate after first five miles, per mile $0 Class B: Base rate 168.00 i- City or department of off street parking administrative charge 26.00 ia- Mileage rate_after- first five miles, per mile $4;09 (3) Class C: Base rate 226.00 h City or department of off street parking administrativc charge 26.00 it- Mileage rate after first five miles nor miles $5.00 {-¢) Class D: Base rate $ 262.50 h City or department of off street parking administrative charge 26.00 ileage rate -after first five milk norm e- W00 (-l) It is intcnded that any administrative fees or charges payable to the City or to the Department of Off Street Parking, directly or indirectly, included in the maximum towing fees included in any contract administrative charge or Department of Off Strcct Parking admir,rctrati„e charge which is cot rt foh imposition of the administrative fee or charge as included in the maximum rates charged for Department of Off Street_Parking dispatched towing before thc date this section becomes a law -are - ratified, validated and confirmed, and the administrative fee i- declared to be legal and vard in an respects from the date that it was charged, billed or collected. Sec. 42-119. Police Tows and Miami Parking Authority Tows. City of Miami Page 4 of 5 File Id: 15-00317 (Version: 1) Printed On: 3/16/2015 File Number: 15-00317 (a) The maximum tow rates for police and Miami Parking Authority tows shall be the same as provided in section 42-110 above. In addition to the maximum rates that may be charged by business enterprises providing services pursuant to this section, the City shall charge an administrative fee of $30.00 for each vehicle that is recovered, towed, removed, or stored within the City. The City shall send a monthly invoice to the business enterprise for payment of the City's administrative charges. The administrative charges are due and payable upon receipt of such invoice. Failure to remit payment of the administrative charges within 15 days of the receipt of the invoice shall result in an additional charge of $525.00. Continued failure to pay the charges after 30 days of receipt of the invoice will result in the suspension of the License and the City may seek additional recourse from the business enterprise as set forth in section 42-109. *11 Section 2. All ordinances or parts of ordinances that are inconsistent or in conflict with the provisions of this Ordinance are repealed. 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 immediately after final reading and adoption thereof. {2} APP'OVED AS TO FORM AND CORRECTNESS: VI TORIA MENDEZ CITY ATTORNEY 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 (10) 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 5 of 5 File Id: 15-00317 (Version: 1) Printed On: 3/16/2015