§ 2-9-109. Enforcement.

(a)

Any violation of sections 2-9-101—2-9-109 may be enforced as provided in Section 125.69, Florida Statutes. In addition, the county may bring suit to restrain, enjoin, or otherwise prevent a violation of or mandate compliance with sections 2-9-101—2-9-109.

(b)

Violations of sections 2-9-101—2-9-109 may be enforced as provided in Chapter 162, Florida Statutes, sections 2-9-1—2-9-23, Manatee County Code of Ordinances, and section 2-2-25, Manatee County Code of Ordinances.

(c)

Each day that any violation of any provision of sections 2-9-101—2-9-109 exists shall constitute a separate offense.

(d)

Procedures for the vacation, repair and demolition of unsafe structures shall comply with the provisions set forth in Chapter 2-6, article II, Manatee County Code of Ordinances.

(e)

Procedures for the clearing of improved and unimproved lands and property shall comply with the provisions set forth in Chapter 82-321, Laws of Florida, as amended.

(f)

Inoperable vehicles.

(1)

Inoperable vehicles are a nuisance per se primarily due to safety, aesthetics and visual impact on surrounding areas and, as such, may be removed when found to be in violation of subsection 2-9-108(c), Manatee County Code of Ordinances. Such inoperable vehicles constitute a breeding ground for mosquitoes, snakes, rats, rodents and other vermin. Further, inoperable vehicles constitute a fire hazard, a dangerous attraction to children, and a haven for drug dealers.

(2)

The following procedures shall apply to the removal of inoperable vehicles from private property:

a.

A code enforcement officer shall place a written notice on the inoperable vehicle stating that it is in violation of subsection 2-9-108(c), Manatee County Code of Ordinances, it must be removed or made operable within ten (10) calendar days or it will be subject to removal by the county.

b.

The county shall provide similar written notice by certified mail, return receipt requested or hand delivery to the owner of the inoperable vehicle and the owner of the property where the vehicle is located.

c.

Within the period specified in the notice, the owner of the inoperable vehicle or the owner of the property may appeal the written notice to the administrative official. If appealed, the administrative official shall review the violation and, based upon the evidence, shall either affirm or dismiss the violation. The administrative official may also, for good cause, extend the time for compliance or removal of the inoperable vehicle. The county shall not remove the inoperable vehicle from the property while an appeal is pending.

d.

The owner of the inoperable vehicle or the owner of the property may appeal the final decision of the administrative official to a court of competent jurisdiction.

e.

After the time period for removal has expired, the administrative official may cause such inoperable vehicle to be removed to a storage facility and thereafter disposed of in accordance with applicable state law if the inoperable vehicle is not reclaimed and disposed of properly by the owner.

f.

The authorization provided in this section for removing inoperable vehicles shall not be construed to negate the authority of the code enforcement special magistrate to hear and adjudicate appropriate cases nor shall it preclude the county from pursuing other remedies available under sections 2-9-101—2-9-109 or other county ordinances or state law to enforce this section.

(Ord. No. 15-10, § 9, 4-2-15)