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 Port Orange
 Code of Ordinances
 Chapter 70. TRAFFIC
 Article II. STOPPING, STANDING AND PARKING

  § 70-50. Enforcement.  

Latest version.

  • (a)

    Whenever a code inspector determines that a vehicle is disabled or abandoned on residentially-zoned or agriculturally-zoned private property in violation of section 70-49, the code inspector shall place a notice as described in subsection (b) of this section on the windshield or some other prominent, visible part of the vehicle.

    (b)

    The notice shall be not less than eight inches by ten inches, shall be sufficiently weatherproof to withstand normal exposure to the elements, and shall be in substantially the following form:

    NOTICE TO THE OWNER OF THIS VEHICLE AND ALL PERSONS HAVING AN INTEREST IN THIS VEHICLE. This vehicle, to wit: (setting forth brief description) is unlawfully on the following property: (describing location by legal description or street address) and must be removed within fifteen (15) days; otherwise the City of Port Orange will remove and dispose of the vehicle pursuant to Section 70-50 of the Code of Ordinances, City of Port Orange, Florida. If the city does remove and/or dispose of the vehicle, the owner of the vehicle and the owner or occupant of the property shall be responsible for removal, storage, disposition, and notice costs. The owner of the vehicle and the owner or occupant of the property shall have the right to appeal this determination by filing an appeal within fifteen (15) days from the date of this notice. The appeal must be in writing and delivered to the office of: (setting forth the city manager or the title of his designee) at: (setting forth business address), Dated this: (setting forth the date of posting of the notice). Signed: (setting forth name, title, business address, and telephone number of code inspector).

    (c)

    If the code inspector places a notice on the vehicle, the code inspector shall also make every reasonable attempt to ascertain the name and address of the owner of the vehicle. If such name and address is reasonably available to the code inspector, the code inspector shall mail or hand deliver a copy of the notice to the owner of the vehicle on or before the date on which the notice is posted on the motor vehicle.

    (d)

    The owner of the vehicle and the owner or occupant of the property shall have the right to appeal the code inspector's determination, so long as such appeal is filed on or before the date stated on the notice. The sole grounds for appeal are that the vehicle is not disabled or abandoned as defined in section 70-49. The appeal shall be deemed filed when delivered in writing to the office of the city manager or his designee, and the owner of the vehicle or the owner or occupant of the property shall bear sole responsibility for such delivery.

    (e)

    The city manager or his designee shall promptly schedule a hearing on the appeal, which hearing shall be held within five business days of the date on which the appeal is filed. At the hearing, the owner of the vehicle and the owner or occupant of the property may appear individually or by counsel and shall have the burden of proving that the vehicle complies with section 70-49 by a preponderance of the evidence. The code inspector shall be entitled to attend the appeal and present any contrary evidence. Within three days of the hearing, the city manager or designee shall render a written decision on the appeal and provide copies thereof to the owner of the vehicle and the owner or occupant of the property, to counsel, if any, and to the code inspector. The decision of the city manager or his designee shall be deemed final administrative action. The time for removal of the vehicle shall be tolled so long as any appeal is pending but shall begin to run immediately upon the rendition of a decision on any such appeal.

    (f)

    After the time set for removal has expired, and all available appeals have been exhausted, the code inspector shall request a city law enforcement officer to have the vehicle removed to a storage facility and disposed of in compliance with applicable state law or city ordinance.

    (g)

    The procedures set forth in this section provide an additional or supplemental means of obtaining compliance with section 70-49. Nothing contained in this section shall prohibit the city from enforcing section 70-49 by any other means.

    (h)

    Any employee of the city and any person authorized by such employee is immune from prosecution, civil or criminal, for reasonable, good faith trespass upon real property while in the discharge of duties imposed by this section.

(Ord. No. 1998-23, § 2, 7-21-98)