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Home My WebLink AboutO-13513City of Miami Legislation Ordinance: 13513 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 15-00317 Final Action Date: 4/9/2015 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 rates per wrecker class. Towing rates set forth in this article shall be posted in easily readable form at the customer's point of payment. The following rates are the maximum allowable for towing vehicles from private property. The applicable rates shall depend upon the requirements of the towed vehicle, rather than the actual wrecker class utilized. Base rates shall include hookup, City of Miami Page 1 of 5 File Id: 15-00317 (Version: 1) Printed On: 2/22/2018 File Number: 15-00317 Enactment Number: 13513 {1) Class A: a: Base rate $ 68.00 Towing agency 52.50 l� City administrative charge 16.00 {2) Claw B: a: Base rate 79.00 Towing agency 63.00 l� City administrative charge 16.00 {3) Class C: a: Base rate 105.00 Towing agency 89.00 l� City administrative charge 16.00 {4) Claw D: a: Base rate $ 131.00 Towing agency 115.50 l� City administrative charge 16.00 {5) Towing agency administrative services: a: Basic rate after first 24 hours 10.50 This administrative service is not an automatic "add on" but only when required to comply with 7-1 F OF anal 71 3 7Q anal magi he imposed by the towing agency for , administrative services his charge refers to anal incli files verification of public V.I.N.; letter to owner. postage-fees-vvill-lae-in-additicn-tealaeve The actual fee required by local tag agencies of computer service asses time may be added to the above charges, but shall not exceed $2.00 per vehicle. Fees required by out of state governmental agencies may be added to the above charges. Towing agencies will be required to justify the additional charges. All mailing to owners, will be done by certified mail. This administrative service charge will not be imposed by the towing agency during the first 24 hours of impoundment. Failure to comply with the vehicle. {6) There will be no other fees of any kind for the release of a vehicle to its owner after towing. The city shall send a monthly invoice to the busine.s enterprise for payment of the city's administrative City of Miami Page 2 of 5 File Id: 15-00317 (Version: 1) Printed On: 2/22/2018 File Number: 15-00317 Enactment Number: 13513 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 chargc 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. (b) Storage rates. Daily rates for vehicle storage are based on a time period of 24 hours. The initial of vehicle stored. With respect to stolen motor vehicles, the below daily charges shall not commence until either: (a) 24 hours after the owner of said vehicle has been personally notified that the vehicle is impounded and the location of its impoundment; or (b) seven days after notice of such impoundment and location has been sent via regular mail and via certified mail, return receipt requested, to the address of the owner as reflected on the registration „r title records of the state agency having custody of such records, whichever occurs earlier. {1) Any vehicle, first six hours No charge {2) Motorcycles, daily rate $ 4.50 (3) Passenger vehicles, ate tune to and incli id T_t uck� 50 {4) Large vehicles, daily rate, including trucks over ton, boats one charge (with or without 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. (c) 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 City of Miami Page 3 of 5 File Id: 15-00317 (Version: 1) Printed On: 2/22/2018 File Number: 15-00317 Enactment Number: 13513 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. "DIVISION 4. POLICE TOWS AND DEPARTMENT OF OFF-STREET PARKING TOWS Sec. 42 119. Parking dispatcher! towing and wrecker service for private vehicles {a} readable form at the customer's point of payment. The following rates are the maximum allowable for vehicles. The applicable rates shall depend , ,pon the requirements of the towed vehicle, rather than the acts ,al wrecker class utilized) Base rates shall include hookup, unlocking door, if necessary, and towing. {1 } Class A: Base rate $ 92.00 City or department of off street parking administrative charge 26.00 ik Mileage rate -after first five miles, per mile $-3.50 {2) Cla.s B: Base rate 168.00 City or department of off street parking administrative charge 26.00 ik Mileage rate after first five miles, per mile $4.00 {3) Cla.s C: Base rate 226.00 City or department of off street parking administrative charge 26.00 ik Mileage rate after first five miles, per mile $5.00 {4} Cla.s D: Base rate $ 262.50 City or department of off street parking administrative charge 26.00 ik Mileage rate after first five miles, per mile $5.00 (b) It is intended that any administrative fees or charges payable to the City or to the Department of City of Miami Page 4 of 5 File Id: 15-00317 (Version: 1) Printed On: 2/22/2018 File Number: 15-00317 Enactment Number: 13513 abovc. All acts and procccdings, including enforcement procedures, taken in connection with the imposition of the administrative fee or charge as included in the maximum rates charged for respects from the date that it was charged, billed or collected. Sec. 42-119. Police Tows and Miami Parking Authority Tows. (a) The maximum tow rates for police and Miami Parking Authority tows shall be the same as provided in section 42-110 above. (b) 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. *I1 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} 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: 2/22/2018