§ 23-30. Enforcement; abatement procedure.

(a)

Notice of prohibited conditions. Whenever an enforcement officer ascertains a vehicle is parked, stored, or left in violation of this article, the code enforcement officer shall cause a sign to be placed upon the property and/or vehicle in violation in a conspicuous and easily visible location. In addition, a notice of violation shall be served upon the owner, agent, custodian, lessee or occupant directing such owner, agent, custodian, lessee or occupant to terminate and abate the violation within fifteen (15) calendar days after the notice of violation was mailed or the property was posted, whichever is earlier. Notice of violation shall include a sufficient description of the violation to be terminated and abated; and a statement that if the described violation is not terminated and abated within fifteen (15) days after notice as herein provided, the code enforcement officer shall cause the violation to be terminated and abated. The cost of towing or removing a vehicle impounded under this article and the cost of the storing same shall be chargeable against the owner of the vehicle. The owner of the vehicle shall pay these charges before the vehicle will be released. The vehicle may be stored in a private or public place. If the vehicle is stored in a private place, the amount charged for storage shall be the amount customarily charged for storage by the private facility. If the vehicle is stored on county property, the charges for storage shall be set by the board of county commissioners. The charges to the owner for towing shall be the amount usually and customarily charged by the wrecker services. Disputes between the vehicle's owner and the private facility concerning rates, charges, and conditions of storage shall be strictly between those parties and shall not involve the county or law enforcement agency. The notice shall also state that one may contest the code enforcement officer's determination in accordance with the provisions of this article.

(b)

If the owner or any other interested person submits a written notice of objection with the enforcement officer within fifteen (15) days from the date of posting of the notice of violation, the enforcement officer shall arrange for the matter to be scheduled for a hearing before the county code enforcement board. Subsequently, the code enforcement board shall notify the owner or other interested person of the date of the scheduled hearing pursuant to chapter 7 of this Code and Florida Statutes chapter 162. Unless specified otherwise in this article, the code enforcement board shall allow the enforcement officer and the owner or any other interested persons an opportunity to present evidence and to examine and cross-examine witnesses. After considering the evidence and testimony, the code enforcement board shall make a factual determination as to whether the vehicle is parked in violation of this article. If the code enforcement board makes a factual determination that a vehicle is parked in violation of this article, it shall automatically conclude that the enforcement officer may remove and/or destroy the vehicle if the vehicle has not been removed by the owner or any other interested person within five (5) days after the date of its factual determination that the vehicle is parked in violation of this article.

(c)

The failure of the owner or other interested person in the vehicle described in the notice of violation to submit a written notice of objection with the enforcement officer within fifteen (15) days from the date of posting of the notice of violation, shall constitute a waiver of the right of the person to a hearing before the code enforcement board.

(d)

If the owner or any other interested person interested in the vehicle described in the notice of violation has not submitted a written notice of objection within fifteen (15) days from the date of the posting of the notice of violation and has not removed the motor vehicle from the property, or if the owner or any other person interested in the vehicle has not removed the vehicle from the property within five (5) days after the date of the code enforcement board's factual determination that the vehicle is parked in violation of this article, the county may through its employees, servants, agents or contractors, be authorized to enter upon the property and take such steps as are reasonably necessary to have the vehicle removed and/or destroyed.

(Ord. No. 99-20, § 10, 6-28-99; Ord. No. 99-47, § 10, 11-22-99)