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2000-23 ORDINANCE NO. 2000-23 AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE CITY CODE BY CREATING CHAPTER 48 "VEHICLES; USE OF RIGHT-OF-WAY; PARKING; AND OTHER REGULATIONS," BY CREATING ARTICLE I "ABANDONED VEHICLES AND VESSELS;" ARTICLE II "USE OF RIGHT-OF-WAY; PARKING; AND OTHER REGULATIONS;" PROVIDING PROCEDURES FOR REMOVAL OF ABANDONED VEHICLES FOUND ON PUBLIC PROPERTY AND/OR PRIVATE PROPERTY; PROVIDING REGULATIONS PROHIBITING COMMERCIAL USE OF RIGHT-OF- WAY; PROVIDING REGULATIONS CONCERNING PARKING AND STORAGE OF CERTAIN VEHICLES AND BOATS; PROVIDING OTHER PARKING REGULATIONS; PROVIDING REGULATIONS CONCERNING REPAIR OF VEHICLES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR PENALTY; PROVIDING FOR EFFECTIVE DATE. WHEREAS, the City Commission finds that this Ordinance will serve to promote the public health, safety and welfare, and enhance the quality of life in the City; and WHEREAS, nothing in this Ordinance shall impair the enforcement of more restrictive provisions imposed upon private property pursuant to the provisions of Restrictive Covenants of Homeowners' Associations and Master Associations or the provisions of Declarations of Condominium bylaws, rules or regulations issued thereunder. NOW, THEREFORE, IT IS HEREBY ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. That the City Code of the City of Aventura is hereby amended by creating Chapter 48 '¥ehicles; Use of right-of-way; parking; and other regulations" Ordinance No. 2000-23 Page 2 consisting of Article 1 "Abandoned Vehicles and Vessels;" Article II "Use of right-of-way; Parking; Other regulations," to read as follows: CHAPTER 48. VEHICLES; USE OF RIGHT OF WAY; PARKING; AND OTHER REGULATIONS. ARTICLE I. ABANDONED VEHICLES AND VESSELS. Section 48-1. Definitions. As used in this Chapter, the following terms have the meaning set forth herein, except as otherwise indicated by the context. City means the City of Aventura. Commercial vehicle means a vehicle used on public roads in commerce to transport passengers or cargo, excluding private passenger vehicles which do not exhibit any exterior indication of business use. Enforcement officer means a police officer or any other officer or representative of the City designated by law, charter, ordinance or order of the City Manager to enforce provisions of this article. Private property means all land and improvements not constituting public properties, and lying within the City limits. Public property means lands and improvements owned by the federal government, the State, the County, the City or municipalities or governmental entities lying within the City and includes buildings, grounds, parks, playgrounds, streets, sidewalks, parkways, rights-of-way and other similar property. Recreational vehicle means a motor vehicle designed to provide temporary living quarters for recreational, camping or travel use, which has its own propulsion or is mounted on or towed by another vehicle. Vessel means every description of watercraft which is designed, used of, or capable of being used as a means of transportation on water. Ordinance No. 2000-23 Page 3 Section 48-2. Abandoned Vehicles and Vessels Prohibited. It is unlawful for any person to park, store or leave any motor or other vehicle or vessel (collectively referred to in Article I as "vehicle") in a wrecked, junked, partially dismantled or abandoned condition on public or private property within the City. This shall not prohibit licensed vehicle repair shops from storing and repairing vehicles on the licensed premises. For the purposes of this section, "abandoned" means a motor or other vehicle which does not have an identifiable owner and which has been disposed of on public or private property in a wrecked, inoperative or partially dismantled condition or which has no apparent intrinsic value to the rightful owner. The enforcement officer shall refer to the following characteristics to make a determination that a violation of this Section exists: (1) The vehicle has nominal salvage value; (2) The vehicle is not in sufficient repair to perform its intended function; (3) The vehicle is on public property and does not have a current license tag, decal or registration; (4) The vehicle exhibits physical damage incurred in a collision or other incident that has not been repaired; (5) The vehicle is derelict and has been left unprotected from the elements, as exhibited by growth of vegetation about the vehicle, direct exposure to the elements, the positioning of the vehicle in other than an upright or operable manner, or vandalism; or (6) The length of time the vehicle has remained in its present location. A vehicle may be considered abandoned if parked or stored on the public right-of- way or private road for a period exceeding forty-eight (48) hours, other than in a designated parking area. Section 48-3. Procedure For Removal. The procedure for removal and disposition of abandoned vehicles shall be as follows: Ordinance No. 2000-23 Page 4 (1) Abandoned vehicles on public property. Whenever the enforcement officer of the City shall ascertain that an abandoned vehicle is present on public property within the limits of the City, he/she shall cause a notice to be placed upon such abandoned vehicle and proceed in accordance with Chapter 705 of the Florida Statutes. (2) Abandoned vehicles on private property. Whenever the enforcement officer of the City shall ascertain that an abandoned vehicle is present on private property within the limits of the City, he/she shall cause a notice to be placed upon such abandoned vehicle in substantially the following form: "Notice to the Owner and All Persons Interested in the Attached Vehicle. This vehicle, to wit: (set forth brief description) located at (describe location) is improperly stored and is in violation of Section 48-2 of the City Code of the City of Aventura and must be removed within ten (10) days from the date of this notice; a request for a hearing before the code enforcement special master by the owner or any person interested in the attached must be made before expiration of the ten day period, otherwise it shall be presumed to be abandoned and will be removed and destroyed by order of the City of Aventura. Dated this: (date of posting notice). Signed: (name, title, address and telephone number of enforcement officer)" (a) Such notice described above shall not be less than eight (8) inches by ten (10) inches and shall be sufficiently weatherproof to withstand normal exposure to the elements. In addition to posting, the enforcement officer shall make reasonable efforts to ascertain the name and address of the owner of the vehicle and the real property upon which the vehicle is located and if such information is reasonably available to the enforcement officer, he/she shall mail a copy of such notice to the owners on or before the posting day. The enforcement officer shall contact the Department of Highway Safety and Motor Vehicles or the Department of Environmental Protection if the 4 Ordinance No. 2000-23 Page 5 vehicle is a motor vehicle or vessel, respectively, to determine the name and address of the owner and any person who has filed a lien on the vehicle or vessel. The enforcement officer shall then mail a copy of the notice by certified mail to the owner and lienholder, if any. (b) A hearing prior to the removal of the derelict, junk, or abandoned property is to be held before the code enforcement special master when such a hearing is requested by the owner of the property or lienholder within ten (10) days after posting of notice to abate the violation. Any order by the code enforcement special master requiring the removal of derelict, junk, or abandoned property from private land shall include a description of the vehicle by identification and license number, if available at the site. (c) If a hearing is not requested, and if at the end of ten (10) days after posting such notice as set out above, the owner or any person interested in the abandoned vehicle described in such notice has not removed the same and complied with the ordinance or section of this Code cited in the notice, or shown reasonable cause for failure to do so, the enforcement officer may cause the abandoned vehicle to be removed and destroyed and the salvage value, if any, of such abandoned vehicle shall be retained by the City to be applied against the cost of such removal and destruction. (d)The procedure for sale of abandoned vehicles shall be as set forth in Chapter 705 of the Florida Statutes. (e) The State Department of Motor Vehicles shall be notified of vehicles removed from private property pursuant to the terms of this section. (f) All costs and expenses incurred by the City in carrying out the provisions of this Article shall constitute, until paid, a lien against the owner of the vehicle and against the real property where it was stored when it is determined that the abandoned vehicle belongs to the owner of the Ordinance No. 2000-23 Page 6 real property or that the owner of the real property has failed to remove said vehicle; with interest to accrue at the rate of eight (8) percent annually. Section 48-4. No Obstruction. Immunity; Costs, (1) It is unlawful for any person to oppose, obstruct or resist any enforcement officer or any person authorized by the enforcement officer in the discharge of his or her duties as provided in this Article. (2) Any enforcement officer or any person authorized by the enforcement officer shall be immune from prosecution, civil or criminal, for reasonable, good faith trespass upon real property while in the discharge of duties imposed by this Article. ARTICLE II. USE OF RIGHT OF WAY; PARKING; OTHER REGULATIONS. Section 48-10. No sales from right-of-way. No person shall conduct the business of collecting, displaying or selling merchandise or services from within the public rights of way within the limits of the City. Specifically prohibited under this section are street vendors and/or sale of food of any kind, flowers, goods, wares, services or merchandise from a vehicle whether motorized or not, regardless of the number of wheels affixed thereto or on foot, Section 48-11. Parking restrictions. (1) There shall be no private or commercial vehicular parking in public or private right of way areas within the City of Aventura, except in those road right of way areas lawfully developed and designated for parking purposes or approved by the City Manager. (2) Parking of vehicles is prohibited upon: (a)any streets located within or contiguous to multifamily zoned properties, unless approved by the City Manager; Ordinance No. 2000-23 Page 7 (b) any area prohibited by State law or Miami-Dade County Code, unless approved by the City Manager; (c) any unimproved public or private property, unless approved by the City Manager; (d) any unpaved or unstabilized area, unless approved by the City Manager. (3) Parking may be further regulated by the City Commission, by ordinance. (4) The parking of vehicles may be temporarily prohibited upon any street or portion thereof where the City Manager or the Chief of Police finds that a temporary restriction on parking is necessary to protect the safety of the public. (5)The previsions of paragraphs (2)(a) and (3) of this section shall not be implemented unless and until any necessary approvals from the State Department of Transportation under Section 316.008(3), Florida Statutes (State roads only), and from Miami-Dade County under Sections 30-388.5, 30-388.6 or 30-388.25, County Code, as applicable, have been received and filed of record in the City Clerk's Office. Section 48-12.Restrictions on commercial or recreational vehicles. (1) No owner or person having the possession or use of a commercial vehicle or recreational vehicle shall park that vehicle for any period of time on a public right of way. This restriction shall not apply, however, to the following: (a) vehicles owned or operated by a physically impaired individual when a medical doctor has certified that the vehicle is necessary due to said physical impairment; (b) vehicles then and there engaged in activity consisting of performing authorized landscape installation or maintenance or making deliveries or loading and unloading of passengers or materials; Ordinance No. 2000-23 Page 8 (c) vehicles owned, operated or contracted by a utility company, who have obtained a City issued public works permit to conduct work within the public right- of-way or for work deemed an emergency. The contractor conducting such work shall be required to restore the landscaping, irrigation, curbing, sidewalks, etc., within the public right-of-way to original or better conditions upon the completion of the permitted or emergency work. (2) The owner of any unauthorized vehicle shall be required to restore the landscaping, irrigation, curbing, sidewalks, etc., within the public right-of-way to original or better conditions upon removal of the vehicle from the public right-of-way. The Police Department will prepare a property damage report to the location with a restoration estimate that will be forwarded to the vehicle owner by the City Manager or designee for reimbursement. Section 48-13. Recreational vehicles, vessels. No owner or person having possession or use of a recreational vehicle or vessel shall park in an off-street space other than a space prepared for and designated for use as a parking area for such vehicle or vessel, in any residentially developed area of the City. No more than one recreational vehicle and one vessel shall be allowed on a single family or multi-family (of four or less units) parcel of land at any time, and each may not exceed a size of 30 feet long. The term "a space prepared for and designated for use as a parking area," as used herein, shall mean one that meets the following criteria: (a) the space is indicated by an approved site plan or by a certificate of completion, as intended to be used for such purpose; (b) the space is screened from public view by fencing, or by landscaping in accordance with a landscape plan approved by the City's Director of Community Development; or (c) an enclosed garage structure. Ordinance No. 2000-23 Page 9 Section 48-14. Vehicle repairs prohibited. Vehicle repairs are prohibited in all residentially developed areas of the City, except for repairs made to the privately owned or leased vehicle of the owner/occupant of the property on which the repairs are taking place. No more than one privately owned or leased vehicle may be repaired at any one time by the owner/occupant of the property. All vehicle repairs allowed by this section shall be completed within 24 hours. The work undertaken at the premises to repair or otherwise put the vehicle into operative condition shall be of a minor nature only and major repairs shall not be authorized at the premises, by this Section. The term "major repair" includes but is not limited to any work by which the vehicle engine or transmission is removed or lifted from the vehicle for repair or bodywork consisting of painting or refinishing more than ten percent of the surface area of the vehicle, at a location at the premises which is visible from a street or other public or private property, and any other similarly extensive work, but does not include change of tires, replacement of batteries, change of oil, replacement of brakes, engine tune-up or other similarly non-extensive work. Section 2. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 3. Inclusion in the Code. It is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of the City of Aventura; that the sections of this Ordinance may be renumbered or relettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Ordinance No. 2000-23 Page 10 Section 4. Penalty. Any person who violates any provision of this Ordinance shall, upon conviction, be punished by a fine not to exceed $500.00 or imprisonment in the County jail not to exceed sixty (60) days or both such fine and imprisonment. Each day that a violation continues shall be deemed a separate violation. This Ordinance shall be subject to enforcement under the Local Government Code Enforcement Act, Chapter 162, Florida Statutes, as amended, and City Code Section 2-331, et. seq., as amended. Enforcement may also be by suit for declaratory, injunctive or other appropriate relief in a court of competent jurisdiction. Section 5. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Commissioner Rogers-Libert, who moved its adoption on first reading. The motion was seconded by Commissioner Cohen and, upon being put to a vote, the vote was as follows: Commissioner Arthur Berger yes Commissioner Jay R. Beskin yes Commissioner Ken Cohen yes Commissioner Harry Holzberg yes Commissioner Patricia Rogers-Libert yes Vice Mayor Jeffrey M. Perlow yes Mayor Arthur I. Snyder yes The foregoing Ordinance was offered by Commissioner Holzberg, who moved its adoption on second reading. The motion was seconded by Commissioner Rogers-Libert, and, upon being put to a vote, the vote was as follows: Commissioner Arthur Berger yes Commissioner Jay R. Beskin yes Commissioner Ken Cohen yes Commissioner Harry Holzberg yes Commissioner Patricia Rogers-Libert yes Vice Mayor Jeffrey M. Perlow yes Mayor Arthur I. Snyder yes PASSED on first reading this 1st day of August, 2000. ]0 Ordinance No. 2000-z:~ Page 11 PASSED AND ADOPTED on second reading this 5th day of September, 2000. AIk~HUr i. SNYD~ i rv~YOR /' ATTE.,,~f': ' //~/., T~SA M. SORO~, CMC C~ CLERE.. ~ APPROVED AS TO FORM AND LEGAL SUFFICIENCY: CITY A~FTORNEY