§ 50-36. Penalties for violation of article; procedure for enforcement.

Any owner and/or operator parking a commercial vehicle or performing mechanical work in violation of the terms of this article shall be subjected to one of the following penalties:

(1)

Issuance of a traffic citation by a member of the city police department for obstruction of public streets, highways and roads pursuant to the provisions of F.S. § 316.2045 and county ordinances. If the commercial vehicle constitutes a danger to vehicular traffic using the highway, it may be ordered removed to the nearest place of safety, with the cost of such removal to be borne by and be a lien against such commercial vehicle, as provided in subsection (3) of this section.

(2)

Issuance of a notice of violation by a city building official or code compliance officer requiring the owner and/or operator to appear before the city code compliance board, which shall have jurisdiction to impose penalties pursuant to the authority granted by F.S. ch. 162.

(3)

Towing of the commercial vehicle parked in violation of the terms of this article by the city or its authorized agents to a secure location at the expense of the owner and/or operator, who shall also be responsible for any and all costs related to the storage of such commercial vehicle. The commercial vehicle shall not be released until the cost of such towing and related expenses have been paid and any code compliance fine imposed has also been paid to the city. Upon such towing and storage, the city code compliance division shall make a reasonable effort to determine the name and current address of the owner and/or operator and to inform such owner and/or operator of the fact that the vehicle has been towed, the location where it is being stored and the amount of all fees and penalties which must be paid before the vehicle will be released. For purposes of notification, the code compliance division shall be entitled to rely upon the last-known name and address of the owner and/or operator as reflected in the official records of the state department of motor vehicles or any other official state records containing such information.

(Ord. No. 93-05, § 6, 2-16-93; Ord. No. 93-08, § 1, 6-15-93; Ord. No. 2001-09, 6-19-01)