Okaloosa County BOCC — October 16, 2012 — Action Item Printout

BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: November 20, 2012 TO: Honorable Chairman and Members of the Board FROM: Elliot Kampert SUBJECT: Public Hearing - Chapter 9 LDC Abandoned & Nuisance Vehicles DEPARTMENT: Growth Management BCC DISTRICT: All STATEMENT OF ISSUE: This is the second of two public hearings (and the adoption hearing) pertaining to revisions to the County's regulation of abandoned and nuisance vehicles. BACKGROUND: 1. Under the definition of an abandoned vehicle provided in Section 9.03.01.1, vehicles on car dealer lots, repair yards, and other accepted, otherwise legal areas would be considered abandoned. Proposed Section 61-65 B. 1 corrects this oversight by recognizing various uses at which unlicensed vehicles may be kept. 2. Section 9.03.12.2 does not allow the common practice of leaving vehicles with relatives or friends while away (e.g., service men and women leaving vehicles with relatives while deployed, or students leaving a car with parents while at school) unless the vehicle has a current tag or in a garage or carport even if it not being used. Further, under 9.03.12.2, a vehicle without a tag cannot be kept behind an opaque privacy fence even if it is in perfect running order. Proposed Section 61-65 B. 1 clarifies the conditions under which vehicles without license tags may be kept on properties without creating a nuisance. 3. As the subject matter deals with the storage of vehicles and does not provide standards for the development of property, it is not clear why it was included in the Land Development Code. The subject matter would be more appropriately located under Chapter 21 of the County Code, Traffic and Motor Vehicles. To this end, the proposed standards are written to be included as a new Article III of Chapter 21, Abandoned and Nuisance Vehicles, where it would be put under Article II, Stopping, Standing, and Parking. 4. The inclusion of abandoned vehicles within the Land Development Code has created  confusion as to enforcement authority. Under proposed Article III, the responsibility clearly rests with the Sheriff’s Office that has the mechanisms in place to deal with vehicle towing and storage, if necessary. The attached ordinance includes the clarifications regarding enforcement discussed with and approved by the Board of County Commissioners when it considered these proposed changes during the public hearing conducted on November 6, 2012. STAFF POSITION: Staff supports the proposed changes which have been developed in cooperation with the Sheriff’s Office. MILITARY REPRESENTATIVE: No comments or objections. RECOMMENDATION: It is recommended that the Planning Commission consider the facts presented herein, as well as any other facts that may be presented at the public hearing, and then make a recommendation to the Board of County Commissioners. RECOMMENDED BY: APPROVED BY: James D. Curry, County Administrator