Okaloosa County BOCC — October 2, 2012 — Action Item Printout

BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: November 6, 2012 TO: Honorable Chairman and Members of the Board FROM: Elliot Kampert SUBJECT: Public Hearing - Abandoned and Nuisance Vehicle Standards DEPARTMENT: Growth Management BCC DISTRICT: All STATEMENT OF ISSUE: Conduct a public hearing as required by Section 1.11.01 of the Okaloosa County Land Development Code and in accordance with section 125.66 of the Florida Statutes in order to consider proposed amendments to Chapter 9 of the Land Development Code pertaining to abandoned and nuisance vehicles and creation of a new Article III of Chapter 21 of the County Code pertaining to 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 21-65 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 21-65 B. 1 clarifies the conditions under which vehicles without license tages 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 follow Article II, Stopping, Standing, and Parking with which it is intended to work  hand-in-hand. 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 need be. PUBLIC COMMENT/OPPOSITION: None to date. PLANNING COMMISSION: The Planning Commission voted unanimously to recommend approval at a public hearing held October 11, 2012. MILITARY REPRESENTATIVE: No comment. STAFF POSITION: Staff supports the proposed changes which have been developed in cooperation with the Sheriff’s Office. RECOMMENDATIONS: It is recommended that the Board consider the facts presented herein, the Planning Commission recommendation, as well as any other facts that may be presented at the public hearing, and then take final action at the November 20, 2012 public hearing. RECOMMENDED BY: APPROVED BY: James D. Curry, County Administrator