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1884 ti ORDINANCE NO. 1884 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, REPEALING SECTION 22-115, AUTHORITY TO IMPOUND ILLEGALLY PARKED VEHICLES, OF CHAPTER Z2, TRAFFIC, OF` THE CODE OF ORDINANCES OF THE CITY OF CLEARWATER, FLORIDA, 1962, AND ENACTING NEW SECTIONS TO PROVIDE AUTHORITY TO IMPOUND VEHICLES; TO PROVIDE NOTICE OF IMPOUNDMENT AND STORAGE WHEN OWNER PRESENT OR NOT PRESENT; TO PROVIDE FOR RELEASE OF MOTOR-, VEHICLES FROM IMPOUNDMENT AND FOR PAYMENT OF CHARGES; TO PROVIDE FOR HEARING ON THE IMPOUNDMENT AND CHARGES BEFORE HEARING EXAMINER AND THE FIND- INGS THEREOF; TO PROVIDE FOR SATISFACTION OF LIEN, NOTICE OF PUBLIC SALE AND DISPOSITION OF PROCEEDS FROM SALE; TO PROVIDE CHARGES FOR TOWING AND STORAGE; TO PROVIDE THAT NOTHING CONTAINED HEREIN SHALL INTERFERE WITH STATUTORY PROCEDURE; TO AUTHORIZE THE CHIEF OF POLICE AND THE DIRECTOR OF FINANCE TO MAKE RULES FOR THE IMPLEMENTATION AND ADMINISTRATION OF THIS ORDINANCE; PROVIDING FOR REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH TO THE EXTENT OF SUCH CONFLICT; PROVIDING FOR THE SEPARABILITY OF THE PROVISIONS HEREOF; PROVIDING FOR PROPER NOTICE OF PROPOSED ENACTMENT; AND PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 22-115, Authority To Impound Illegally Parked Vehicles, of Chapter 22, Traffic, of the Code of Ordinances of Clearwater, Florida, 1962, is hereby repealed in its entirety and the following new sections are hereby enacted: Section 22-115. Authority to Impound Vehicles, The Chief of Police or any police officer of the city may cause to be impounded and removed from the public streets: (l) Any motor vehicle unlawfully parked in violation of any provision of this code which prohibits park- ing of vehicles at the place where, or time when, the impounded motor vehicle is found. (2) Any motor vehicle which is a stolen motor vehicle, or is subject to seizure and forfeiture under the laws of this state, or of the U.S., or is subject to being held for use as evidence in a criminal trial. (3) Any motor vehicle, the continued pri6sence of which, because of the physical location or condition of the motor vehicle poses a danger to the public safety or to the motor vehicle. -I- Ord. #1684 s, rr Section ZZ-116. Notice of Impoundment and Storage of Motor Vehicle. (a) The Chief of Police or his duty authorized representative shall issue a notice to the registered owner of the vehicle being impounded consistent with the following; The notice shall provide that the motor vehicle is being impounded and removed, that towing and storage charges will be assessed against the impounded motor vehicle; the owner may claim and regain possession of the impounded motor vehicle at the location to which it is being removed for storage, and that the owner may request a hearing as to the propriety of the impoundment and as to the amount of the owner's liability for towing and storage charges. The notice shall also state the location where the impounded motor vehicle will be stored and the place where the owner may make his request for a hearing. Such notice shall also state in the prominent language, that failure by the owner to request a hearing within five (5) days after receipt of the notice may act as a waiver of the owner's right to a hearing and that such may result in the placing of a lien against the motor vehicle for towing and storage charges without further notice to the owner. The owner of the impounded motor vehicle shall sign the notice as an acknowledgment that he has received a copy of such notice. (b) When Owner Present. When the Chief of Police or any police officer of the city intends to impound and remove a motor vehicle pursuant to section 22-115 of this code and the owner of the motor vehicle is then present, the Chief of Police, or the police officer, shall before the motor vehicle is removed, provide the owner with a notice in the form prescribed herein. (c) When Owner Not Present. When the Chief of Police or any police officer of the city removes a motor vehicle pursuant to sections ZZ-115 and 22-116 of this code and the owner of the motor vehicle is not present at the time of the impoundment, the Chief of Police shall, if the owner resides in this city, as appears from the motor vehicle registration, immediately serve upon the owner of the impounded motor vehicle, at the address on the motor vehicle registration, a notice, in the form prescribed herein. If the owner does not reside in the city, as appears from the motor vehicle registration, the Chief of Police shall, within twenty-four hours after impoundment, mail by certified mail to the addressee only, return receipt requested, at the address on the motor vehicle registration, a notice, in the form prescribed by section 22-116, containing the same information as required by section ZZ-116. If the notice is mailed to the owner, only his copy shall be mailed; his signature on the return receipt shall constitute an acknowledgment of receipt of a copy of the notice and the return receipt shall be firmly attached to the original notice. (d) If the owner cannot be found at the address on the motor vehicle registration and there is no other known address of the owner, such owner shall be deemed to be, a resident of the State whose where- abouts are unknown and service shall be made on the Secretary of State as provided in Section 48. 171, Florida Statutes. If the owner does not reside in the City, as appears from the motor vehicle registration, the owner shall be deemed to be either a resident of the State whose whereabouts are unknown or a non- :Ord. #1884 -2- 2/1/79 '•'r ?`rs?'?'?j!'?,a?'ri'7??'?`.-'+:: ter.Yr?r>a' -7!i?'!.?`.?,.'i•?'F'-.??'?'?•y.1?y{?r,?pt'? lr?y?[S+7 rra, r".rs; •^m„y?' ?? AA •, #? -,:?:' '?? ° '.t. - . . _ I s ?,^:•x-tF«i???:i.t4,-u. f.:`L; tiiFr ?f fYF4?{ P:," moo. ,it . .?;•, ?E R III f * - , N yy ?'SN<" ?7r:vy i k 9 resident of the State and service shall be made on the Secretary of State as provided in Section 48. 171, Florida Statutes. II t' (d) Failure or Refusal to Sign Notice. If any person required by this section to sign a notice of impoundment wilfully fails or refuses to do so, the Chief of Police shall note this failure or refusal on the face of the notice which shall constitute prima facie evidence of delivery or service of notice to such person. Section ZZ-117. Release of Motor Vehicle From Impoundment. (a) Generally. The owner of an impounded motor vehicle may secure the release of the motor vehicle from impoundment upon requesting such release and presenting proof of ownership satisfactory to the custodian of the place where the motor vehicle is stored. Before such motor vehicle is released to the owner it must be clearly established that the owner has previously received notice as set forth in section ZZ- 116. At the same time as the owner or his authorized agent requests release of the impounded motor vehicle, and if such request is made within 30 days after the owner receives a copy of the notice of impoundment, the Chief of Police shall provide him with an opportunity to request a hearing on the propriety of the impoundment and the amount of his liability for towing and storage charges due. However, if the owner or his authorized agent requests release of the impounded motor vehicle more than 30 days after the owner has received a copy of the notice of impoundment, no hearing may be requested on the impound- ment or towing and storage charges and the owner or his authorized agent shall be conclusively presumed to have consented to the impoundment and to the payment of the amount of towing and storage charges due. (b) Security for payment of Charges. If the ownership of the impounded motor vehicle is evidenced by a title certificate issued by the Florida Department for Highway Safety and Motor Vehicles, the Chief of Police shall give due notice to the holder of such title certificate by certified mail, return receipt requested, as soon as such motor vehicle has been impounded. The notice to be given the holder of a title certificate shall be identical to and be a copy of the notice given to the owner of such motor vehicle. Should the owner of such motor vehicle fail at the expiration of thirty (30) days to obtain the release of the motor vehicle, then the holder of such title certificate may, upon pay- ment of all storage and towing charges, obtain the release of the motor vehicle. (c) If the ownership of the impounded motor vehicle is subject to a foreign title instrument, or if the jurisdiction in which title is recorded is not evident from the document establish- ing ownership, the owner or his authorized agent, before the release of the impounded motor vehicle takes place shall deposit with the Chief of Police a cash sum in the amount of towing and storage charges which sum of money shall be the equivalent of the cost of thirty(30) days storage charges and whatever towing charges are due. Failure of the owner or his authorized agent to provide such sum of money in cash to the Chief of Police shall entitle the Chief of Police to refuse to release the impounded motor vehicle, provided a date is ,set for the hearing on the impoundment of the motor vehicle and the storage and towing charges due. ! 0 0!".1) i ? . Section 22-118. Hearing. If the owner of an impounded motor vehicle, or his duly authorized agent, timely requests the release of the motor. vehicle from impoundment and also requests a hear- ing on the impoundment and charges, as provided herein, the Chief of Police shall set a date, not more than five (5) days after the date nf impoundment, for the hearing. The Chief of,-Police shall designata an individual as a hearing officer to conduct the hearing as required by this section. At such hearing, the owner, or his authorized agent, or his attorney, shall be given the op- portunity to present, by oral testimony or documentary evidence;' his objections to (a) the impoundment of the motor vehicle and (b) the amount of the towing and storage charges and his liability £or payment thereof. If the owner, or his authorized agent, requests a hearing more than five (5) days but not more than thirty (30) days after receipt of a copy of the notice of impound- ment, the owner, his authorized agent or his attorney shall be required to show good cause for the delay in making such request. If good cause for the delay in requesting a hearing cannot be shown; the hearing examiner shall dismiss the hearing and make the finding that the impoundment was proper and the owner is responsible for the payment of towing and storage charges. If the hewing examiner determines that there is good and suffident cause for the delay he shall proceed to hear the owner's objec- tions and shall render his decision. Section 22-119. Findings by the Hearing Examiner. The Hearing Examiner may find that the impoundmend was proper; or he may find that the owner was not liable for any towing or storage charges as a result of the impoundment; he may determine whether and to what extent the city shall bear the expense of the towing and storage charges; or if he finds that the impoundment was proper he shall establish the amount of the towing and storage charges to be assessed against the impounded motor vehicle. The amount of such towing and storage charges shall constitute a lien on such motor vehicle. A copy of such decision shall be furnished to the owner, his authorized agent, or to his attorney and also to the holder of the title certificate of such motor vehicle. The decision of the Hearing Examiner shall be final. Section Z2-120. Satisfaction of Lien; Notice of Public Sale. The holder of a lien against an impounded motor vehicle which lien has not been discharged or paid may enforce such lien in'any manner provided by law. Notice of any sale of the impounded motor vehicle to satisfy such lien shall be given in writing to the owner and any other lienholder, if known, by certified mail, return receipt requested. Such certified letter shall contain the date, time and place of such sale to be fixed by the Chief of Police and he'shall conduct such sale in the name of and on behalf of the city. Section 22-121. Disposition of Proceeds Derived from Sale. The proceeds of a public sale held pursuant to the sections contained. herein, whether such sale was conducted by the City -4- /79 Qrd- 2/1 Y` 4884 `„I`. y Z t •. .,'„.Nl±i?x?{sirX?x .... .. ...1 .?>_.:2.a'.F?;.. _..:?` ''...Y.:.°1..,.4¢`{`??;..;.r,.°_l'?:.?s_•.__?..:c'Sia x. 1_. _J•.. h?:.? a:s? J J 5 h e { t 0 . 011 0. or by any other person, after payment of the necessary towing and storage charges and any other expenses incident to such sale, shall be deposited with the treasurer of the City of Clearwater, if the owner of the motor vehicle is absent from the sale and shall be credited to a Trust Account. The funds deposited in the Trust Account shall remain in' such account subject to the order 'of the person legally entitled thereto, •or if no claim is made for such funds within a period of one year from the date of such sale, the funds shall become the property'of the City and shall be released from the Trust Account, and be paid into the General Fund of the City as miscellaneous revenue. .s.-Section 22-122. Towing, Other Servicee and Storage Charges. When any motor vehicle must be transported to a designated public storage location within the City of Clearwater, the standard charges for towing and storage or other services shall be made by the towing firm and by the City to owners of motor vehicles directed to be towed by the Chief of Police. The charges for towing and storage or other services shall be determined by the vehicle to be towed or service to be performed in accordance, with the following schedules: ' Towing and Other Service Charges 1. Charges for Towing; (a) Anywhere within the City of Clearwater between the hours of 8;00 A. M. and 5:00 P.M.: Regular Wrecker Pickup $25.00 If "Dolly" required $25.00 (b) Anywhere within the City of Clearwater between the hours of 5:00 P.M. and 8:00 A. M. : Regular Wrecker Pickup' $35.00 If "Dolly" required $25.00 (c) Towtruck at scene over one (1) hour: Each additional hour: $25.00 2. Storage Charges: (a) Outside Storage - $3.00 per twenty-four (24) hour period or fraction thereof. (b) Inside Storage - $5. 00 per twenty-four (24) hour period or fraction thereof. Section 22- 123. Nothing' Herein Contained To Interfere With Statutory Procedures. Nothing in this ordinance shall be construed to augment, diminish, supresede or otherwise interfere with any statutory procedures established by the legislature for the collection of unpaid towing and storage charges. The procedures contained herein are supplementary and accumulative to any statutory"' procedures. Y ` • w5r - :'??? ':r;;;N.1.?.•„?{: #1884 ?• 's ?F ° F -: a, a°. ,?; t. a L. '.• f'; •{. .t. r?l aS!N 1? Y ?. ? Section ZZ•• 1 24. Authority to Make Rules. ?:;; Y. y • '' ?? . ±`• ja '• . r ' ?"" ' The Chief of Police, and Director of Finance are. authorized , ' r ? i to make rules for the implementation and administration of this ordinance. i ::Y . .. tJ, Se.•Y.!'}; 1i s1 ? i y. yYYp1• ? Section 2. All ordinances or parts of ordinances in conflict here- ;? with are to the extent of such conflict hereby repealed. f, a.: x a-'1i '° °? ' . . . f ta•t Section 3. Should any part or provision of this ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the ordinance as a whole, or any part thereof other than the part declared invalid. Section 4. Notice of the proposed enactment of this ordinance has I been properly advertised in a newspaper of general circulation in accordance with Chapter 166.041, Florida Statutes. Section 5. This ordinance shall became effective immediately upon its passage. ' PASSED ON FIRST READING January 18, 1979 ' + PASSED ON SECOND AND FINAL READING AND ADOPTED Febxuar ' I,' 1979 Mayor-Commissioner Attest: City Clerk 9xr ! S.. .f r. 'i'?'F; ?°y t?•tFi yr' `:?.• !4 I:. .. ?!f : # 1884 2/1/79.' .. . ..._:rr. ferr;{.si'.rkllzfjt . a '?^af z?ass'??` !..f•}rs ^i'fF%t? Sr ';,f?'??.??'?;?n .'J•'?? 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'Ji`'. :.; ;r. ,,' ! ,i., ?" ` f?n •r fS krf J"? { El?.'?f ?`+wi1?Y.Titit7i2xzar,:. w-.... ? . r...-vim. ,..... -. ,.... ., ,.., ,-. ..,. ... ',:,.?...e a`b •: i'•• = i .t ,.., ? ;?; .: .i.. f, •.!? .:J w'Jk:SP. r,s? =.fk.?" yr;;. ? ?... „r. :M•:r.r,+.,t,y' S : ,.. r tMi RECEIVED w , CEEARWATER SUN .1A1 18 1979 l ubllxhed Daily ( Cirarit:ulrr, Pinrilim County, Flurlda S'rj%TE OFF LORI DA COUNTY OFPINELLAS: Q UVY CLERK 1lrfurr Ill e untienliturd nuthurity prrsunully appeared Alice l.incoin, who on oath ¦nys that she 1. the hrgnl Civrk of the Clearwater xiin, a daily newspaper puhitshed al (3ear^water ht 111nriins (iranty, 1•'lorklot that dtr atntrhrd copy of srlrerllsrntrnt, heing a ..................................... .......htlltrtnntirrof ... CirdLiaanca..O£ . No....1.8 a4 ........................ ................................................................................. In tile .......................................................... (:,art. was 11111116110,11111 .nil]. ure+polirr is the Issurs of .......Tc'i n, • • 4.7 •,• • 7 S ................................. ................................................................................. Aflianf hirsher says dons tile said Clearwater Sun Is n newspaper publislied at Clearwater, in snit]. PLMLI I'lorllus County, }ktridn, ant( that Ike. said newspaper has heretofore been continuously plrbil.hed in snit! itom''s, 7 j i"Iariln. (:,rally. Flarlda, each clay and bas horn entered as secund class moil mniter at the post office in !-AM?1?1iy&?'1t'•?p?LQ& C14-HrM ntrr, ht said I'htellat County, Florida. for a period of tine year next preceding the firm publication ?T A++ XID. of the tolurhed ropy of adrerd+ementl and af(iant further tnys that she has neither pald mile pron'llsrd i'1O RY. ROCED 1 aui pt•rson, (Iron or enrporation any ditruum, rebate, eommlulon or refund tar the purprrse of securing ,pfl?,gG ,i ,ARD0 Iii, uthrrilarmerrt fife publication In the said newspaper: {MAKER ''.Y`OP MT1oN i HOTAAY F!1]LiT:, STATE to FL4A103 ADMINts at tAk31i C.. ??y yr}tt f { try/4+.? NY I;A!•S£tiT.?IOII [dl'1,^CS G,ST T3, ZeEI ?? ?• ?.RE? M911DEU TUO r %TPAL Ifni, UNDERALME'tk /?? •• ,... W. 0 'OR QM=l `3s`uru o, nodsult+rriltrtf before me ?THEYSEP ??T ih1...17....... J yaran.......... A.ly.lt?..?g OF;?.1?$[i GIi+tG?F ;POSE1I:LeENACPMF.? 1ti r,1,1... ............. ' ....... Sf?C'TIYE.DATE ,Yonlrpublic 1i1 7C{l8y ttle?!a?E .t• ;arktjor?rine?'rli?sp? t i?