Okaloosa County BOCC — October 2, 2012 — reading text

5.1.d Packet Pg. 11 Attachment: Exhibit 3 (1066 : Public Hearing - Changes to Land Development Code, Chapt 1A & 2)  5.1.d Packet Pg. 12 Attachment: Exhibit 3 (1066 : Public Hearing - Changes to Land Development Code, Chapt 1A & 2)  5.1.d Packet Pg. 13 Attachment: Exhibit 3 (1066 : Public Hearing - Changes to Land Development Code, Chapt 1A & 2)  5.1.e Packet Pg. 14 Attachment: Exhibit 4 (1066 : Public Hearing - Changes to Land Development Code, Chapt 1A & 2)  5.1.e Packet Pg. 15 Attachment: Exhibit 4 (1066 : Public Hearing - Changes to Land Development Code, Chapt 1A & 2)  5.1.e Packet Pg. 16 Attachment: Exhibit 4 (1066 : Public Hearing - Changes to Land Development Code, Chapt 1A & 2)  5.1.f Packet Pg. 17 Attachment: Exhibit 5 (1066 : Public Hearing - Changes to Land Development Code, Chapt 1A & 2)  5.1.f Packet Pg. 18 Attachment: Exhibit 5 (1066 : Public Hearing - Changes to Land Development Code, Chapt 1A & 2)  5.2 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 Packet Pg. 19  5.2 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 Packet Pg. 20  5.2.a ARTICLE III – ABANDONED AND NUISANCE VEHICLES Attachment: Chapter 21 ARTICLE III Abandoned and Nuisance Vehicles For BCC 2012 (1112 : Public Hearing - Abandoned and Nuisance 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 Packet Pg. 21  5.2.a a location visible from a public road right-of-way or public property any motor vehicle or Attachment: Chapter 21 ARTICLE III Abandoned and Nuisance Vehicles For BCC 2012 (1112 : Public Hearing - Abandoned and Nuisance 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