Okaloosa County BOCC — October 2, 2012 — Chapter 21 ARTICLE III Abandoned and Nuisance Vehicles For BCC 2012

ARTICLE III – ABANDONED AND NUISANCE VEHICLES Sec. 21-61 - Generally. It shall be a violation of this Article for any person to keep any motor vehicle, vessel as defined by Section 327.02, Florida Statutes (hereinafter referred to as a boat or boats), or trailer on any property in Okaloosa County except as provided herein and in conformance with the requirements of Chapter 21, Article II of the Okaloosa County, Florida, Code of Ordinances. Sec. 21-62 - Applicability. In regard to vehicles, boats, or trailers abandoned in rights-of-way, this article shall apply to all areas in Okaloosa County over which the Okaloosa County Sheriff’s Office has jurisdiction for traffic matters. For nuisance vehicles on private property, this article shall apply in areas outside of municipal boundaries. Sec. 21-63 – Enforcement. The Okaloosa County Sheriff’s Office shall enforce this Article. The various departments under the Okaloosa County Board of County Commissioners shall assist the Sheriff’s Office as needed. Sec. 21-64 - Abandoned Vehicles. A. Abandoned Vehicle Defined. Any motor vehicle, boat, or trailer that does not have a current, valid license plate or, in the case of boats a current registration, parked or stored on public property, including public land as well as dedicated road and utility rights-of-way (whether developed or undeveloped) is considered an abandoned vehicle. B. Standard. Abandoned vehicles are prohibited. C. Requirements for Correction: 1. Remove vehicle to area where it can be lawfully kept in conformance with this Article. Under no circumstance can a vehicle or trailer that is does not have a current, valid license plate, or boat that does not have a current, valid registration, be stored in a right-of-way or roadway. 2. Corrective action must occur within ten (10) days of notice or the vehicle, boat, or trailer will be towed at the owner's expense. Sec. 61-65 - Nuisance Vehicles. A. Nuisance Vehicle Defined. Any motor vehicle, boat, or trailer not kept in accordance with this Section is a nuisance vehicle. B. Standards. 1. Location on private property. Unless located on a property for which the zoning designation allows vehicle sales or storage as a permitted use and all requisite approvals have been obtained (including, for example, new or used car dealers, commercial garages, boatyards, pick-and-pull yards, or body shops and similar businesses at which it is customary for vehicles to be temporarily stored while awaiting service), it shall be unlawful and a violation of this Section to keep or allow to be kept on private property at  a location visible from a public road right-of-way or public property any motor vehicle or trailer that does not have a current, unexpired license plate, or in the case of boats a current, valid registration, or which by outward appearance is inoperable. As used herein, the term “by outward appearance is inoperable” means that the vehicle’s appearance indicates that it is not capable of lawfully operating under its own power. For example, an automobile standing on flat tires or on blocks or which is missing mandatory safety equipment, or a boat with a hole in its hull, is by outward appearance inoperable. A vehicle located in a fully enclosed structure, garage, or carport, or that is behind an opaque fence which is a minimum of six (6) feet in height and which fence is between the vehicle and public rights-of-way or public properties, or which is under a specifically designed vehicle cover in good repair (general purpose tarps or other similar coverings shall not be construed to meet this requirement) shall not be considered visible from a public property or public road right-of-way. Vehicles kept under a specifically designed vehicle cover must stand on their own tires; if on trailers the trailer tires must be inflated and supporting the vehicle. C. Requirements for Correction: 1. Remove vehicle to area where it can be lawfully kept in conformance with this Article. 2. Corrective action must occur no more than 30 days of the written notice or a Notice to Appear in court will be issued for the removal of the vehicle, boat, or trailer. Sec. 21-66 – Removal of Abandoned or Nuisance Vehicles. Upon the expiration of the time for compliance, the Okaloosa County Sheriff’s Office shall cause the vehicle in violation to be removed from the premises. Sec. 21-67 - Penalties and Recovery of Removal Costs. A. Fines shall be as provided in Chapter 162, Florida Statutes, as follows: 1. For first-time offenses, $250 per day per violation. 2. For repeat offenses, $500 per day per violation. B. Each vehicle in non-compliance with these provisions shall be considered a separate violation. C. The reasonable cost of such removal, and all incidental costs, shall be in addition to, and included in, the fines imposed and shall constitute a lien against the land on which the violation exists and upon any other real or personal property owned by the violator, pursuant to section 162.09, Florida Statutes.