The enforcer speaks
This is what I wrote for my town. It's a bit legalese-ish, with a diffeent style than the Plain English LDC I'm writing. We enforce it with the help of private towing companies -- we're tough.
Article V. JUNK VEHICLES
Section 70-136. Purpose and intent.
The purpose and intent of this article is to adopt provisions concerning the parking of vehicles on public and private property in order to protect the general welfare of the people of the Town.
Section 70-137. Definitions of terms.
The following definitions of terms shall apply for the purpose of this article:
Abandoned, inoperable and/or discarded vehicle means a vehicle that is in a state of disuse, neglect or abandonment. Evidence that a vehicle is "abandoned, inoperable and/or discarded" may include, any one or a combination of the following factors:
(a) The vehicle being wrecked;
(b) The vehicle being inoperative, as evidenced by vegetation underneath as high as the vehicle body or frame; refuse or debris collected underneath; or, the vehicle being used solely for storage purposes;
(c) The vehicle being partially dismantled, having no engine, transmission, or other major and visible parts;
(d) The vehicle having major and visible parts that are dismantled;
(e) The vehicle being incapable of functioning as a vehicle in its present state;
(f) The vehicle having only nominal salvage value;
(g) The vehicle being without either a valid and current vehicle license tag affixed and registered to the vehicle where it is affixed, or if ownership of the vehicle does not require a license tag, then the vehicle being without a valid and current registration;
(h) The vehicle which, excluding its windows, windshield, and underside, is rusted on at least 50% of its body exterior;
(i) A vehicle with one or more flat tires or other visible signs that it is not capable of propelling down a roadway; or
(j) The vehicle being incapable of safe operation under its own power, or a vehicle that cannot be self-propelled or moved in a manner it was originally intended to move.
Enclosed building means a structure that has in place all of its vertical walls and roofed; nevertheless, one wall may be lintel led and faced to accept a folding or hinged wall or door.
Enforcement officer means any authorized agent or employee of the Town whose duty it is to assure code compliance.
Garage means a walled accessory building or walled portion of the principal building, built in accordance with all applicable codes and permits, which is used for the parking of vehicles which belong to the occupants of the principal building.
Nominal salvage value means a salvage value of not more than $200, as appraised under standard practices by a vehicle salvage dealer.
Parked means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading merchandise or embarking or disembarking passengers.
Person means any individual, firm, sole proprietorship, partnership, corporation, or unincorporated association.
Private property means any real property within the Town which is owned by any person as defined herein, including, but not limited to, yards, grounds, driveways, entrances or passageways, parking areas, storage areas, any body of water, vacant land and recreation facilities.
Public property means roads, streets, alleys, highways, public rights-of-way and easements, parks, and other property that is not considered private property.
Vehicle means every device capable of being moved upon a public highway or public waterway and in, upon, or by which any person or property may be transported or drawn on a public highway or public waterway, including any watercraft, boat, ship, vessel, barge, or other floating craft, or which is used exclusively upon stationary rails or tracks, or which is used exclusively for agricultural purposes and not licensed pursuant to state law and are not operated on any public highway for purposes other than crossing such public highway or along such highway between two tracts.
Section 70-138. Areas affected.
The provisions of this article shall apply to all zoning districts.
Section 70-139. Exemptions.
This article does not apply to:
(a) Lawfully established salvage yards, junk yards, wrecking yards, storage yards or other establishments which are legally licensed and zoned for the operation of such types of business and which fully comply with all federal and state laws and regulations pertaining to operation of such business;
(b) Abandoned, inoperable and/or discarded vehicles parked or stored in any completely enclosed building (such as a garage);
(c) Vehicles or related parts stored or parked on private property solely for prompt repair at a duly licensed business or enterprise operated and conducted for the repair of vehicles in full compliance with applicable laws, ordinances or regulations;
(d) Vehicles whose sole owner is engaged in out of state, active military duty. Application for exemption will require written documentation and verification of active military status. Exemption pursuant to this paragraph shall only relieve owner and/or property owner of compliance with subsection (g) of the definition of "abandoned, inoperable and/or discarded vehicle" in section 70-137. Exemption shall expire 30 days after sole owner of vehicle no longer qualifies for exemption pursuant to this paragraph.
(e) No more than one ongoing restoration project or inoperable or unregistered vehicle in a backyard area, screened by a substantially opaque fence at a minimum height of five feet or the height of the vehicles, whichever is more, provided that any fence constructed or modified pursuant to this subsection must meet any and all other requirements of the Code and applicable land use regulations;
Section 70-140. Enforcement alternatives.
The code enforcement board shall have jurisdiction to hear and decide alleged violations of this article. Any person who violates any of these provisions shall upon code enforcement action be punished as provided in this Code. The jurisdiction of the code enforcement board shall not be exclusive. Any alleged violation of any of the provisions of this Code may be pursued by appropriate remedy, whether by injunctive, declaratory or other civil relief or criminal sanction, in court at the option of the Town.
Section 70-141. Opposing, obstructing, or resisting enforcement officer.
No person shall oppose, obstruct or resist any enforcement officer or any person authorized by the enforcement officer in the discharge of his or her duties, as provided in this article.
Section 70-142. No liability for reasonable, good-faith trespass by enforcement officer.
Any enforcement officer or any person authorized by the enforcement officer shall be immune to prosecution, civil or criminal, for reasonable, good faith trespass upon private property while in the discharge of duties imposed by this article.
Section 70-143. Abandoned, inoperable and/or discarded vehicles prohibited on public or private property, declared nuisance.
No abandoned, inoperable and/or discarded vehicle, or any part thereof, shall be parked, stored or left upon any public property located within the Town for a period in excess of 72 hours, or on any private property within the Town of Oakland for a period in excess of seven days. The presence of such vehicles or related parts is declared a public nuisance that may be abated in accordance with the provisions of this article.
Section 70-144. Responsibility.
The owner, tenant, occupant, lessee or person otherwise in charge, control and/or possession of private property where a violation of this article occurs, and the owner of the vehicle which is parked, stored or left in violation of this article shall be jointly and individually responsible for not complying with this article and shall be jointly and individually liable for the expenses incurred in the disposition of the vehicle.
Section 70-145. Enforcement and abatement procedure on public property
(a) Notice regarding junk vehicles on public property shall be substantially in the following form:
***** WARNING *****
THIS VEHICLE MAY BE IMPOUNDED IF IT IS NOT REMOVED WITHIN 72 HOURS
DAY ___________________ TIME ____________ MONTH __________________
DATE _________________________________________________________________
MAKE __________________________ MODEL ____________________________
OFFICER ________________________ BADGE ____________________________
(b) If at the end of 72 hours after posting such notice the owner of the junk vehicle described in the notice has not removed the vehicle from the public property or shown reasonable cause for failure to do so, the enforcement officer may charge the owner, if known, with a code violation and cause the junk vehicle to be removed and disposed of. Notification shall be made to the owner within 72 hours of towing. Relocation to private property within the Town is permissible; however, the vehicle must be brought into a state of compliance such that it no longer qualifies as an abandoned or inoperable vehicle within 14 days of its relocation. Failure to do so will result in enforcement pursuant to Section 70-145.
Section 70-146. Enforcement and abatement procedure on private property
(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 14 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 14 days after notice as herein provided, the code enforcement officer shall cause the violation to be terminated and abated. The cost of towing, removing and storing a vehicle impounded under this article 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 Town property, the charges for storage shall be set by the Town Manager. 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 Town 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. Nothing in this article shall prohibit the enforcement officer from extending the 14 day time period for compliance if extenuating circumstances exist.
(b) If a vehicle located on private property duly noticed according to § 70-145 is relocated to a different private property, yet is still in violation of this Article, the relocation shall not stay code enforcement action and shall not obligate the code enforcement action and shall not obligate the code enforcement officer to re-notice or otherwise contact the owner of the property where the vehicle was relocated. The relocation shall not affect the 14 day time period established by the original notification.
(c) If the owner or any other interested person submits a written notice of objection with the enforcement officer within 14 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 Town 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 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 days after the date of its factual determination that the vehicle is parked in violation of this article. The Board may also assess a fine upon which the non-prevailing party to recoup the costs of administration and enforcement.
(d) 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 14 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.
(e) 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 14 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 days after the date of the code enforcement board's factual determination that the vehicle is parked in violation of this article, the Town may through its employees, 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.