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HomeMy WebLinkAbout1994-247/20/ 94(wracicar. doa) Ow �7 / -0 ( /� ORDINANCE 94- 24 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, ADDING A NEW SECTION CONCERNING A WRECKER OPERATOR SYSTEM FOR REMOVAL AND STORAGE OF WRECKED, DISABLED, IMPOUNDED OR ABANDONED VEHICLES IN INDIAN RIVER COUNTY. WHEREAS, Section 125.0103, F.S. , authorizes the County to set rates for the removal and storage of wrecked or disabled vehicles; and WHEREAS, the County has heretofore not exercised this authority; WHEREAS, the Sheriff of Indian River County has requested the competitive rates for the removal of vehicles, NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, that. SECTION 1. AMENDMENT. is to the Indian Commission to establish a procedure to ensure the public of fair and competitive rates for the removal of vehicles, NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, that. SECTION 1. AMENDMENT. read as follows. Section 307.12. Selection of wrecker company for service requested through the sheriff. The sheriff may establish a wrecker operator rotation system for the removal and storage of wrecked, disabled, impounded or abandoned vehicles in Indian River County. Said system shall have as a minimum the following. a) In order to be included on the sheriff's office rotation list, the wrecker operator shall submit to the rate schedule setting forth the maximum fees and charges for services offered under this section. The sheriff or his designee shall have the authority to approve the maximum rates chargeable by the operators and operators shall agree, in writing, to abide by the terms and conditions contained within this section and the fee schedule approved by the sheriff prior to being included on the,,.rotation list. The sheriff or his designee is hereby authorized, to execute such agreements with the wrecker operators, on behalf of Indian River County. b) During the month of October each year, beginning in 1994 and thereafter, wrecker services may request the sheriff to revise the fee schedule and may present information substantiating a revised fee. c) All current wrecker services will be grandfathered on the rotation list and due to attrition the rotation list shall be reduced and limited to 14 wrecker services thereafter. d) All wrecker vehicles used in response to calls from the rotation list shall be inspected yearly. Inspections by the Florida Highway Patrol or Vero Beach Police Department shall be accepted by the sheriff as fulfilling the inspection requirement . -1- is to the Indian River County Code to A new Section 307.12 added read as follows. Section 307.12. Selection of wrecker company for service requested through the sheriff. The sheriff may establish a wrecker operator rotation system for the removal and storage of wrecked, disabled, impounded or abandoned vehicles in Indian River County. Said system shall have as a minimum the following. a) In order to be included on the sheriff's office rotation list, the wrecker operator shall submit to the rate schedule setting forth the maximum fees and charges for services offered under this section. The sheriff or his designee shall have the authority to approve the maximum rates chargeable by the operators and operators shall agree, in writing, to abide by the terms and conditions contained within this section and the fee schedule approved by the sheriff prior to being included on the,,.rotation list. The sheriff or his designee is hereby authorized, to execute such agreements with the wrecker operators, on behalf of Indian River County. b) During the month of October each year, beginning in 1994 and thereafter, wrecker services may request the sheriff to revise the fee schedule and may present information substantiating a revised fee. c) All current wrecker services will be grandfathered on the rotation list and due to attrition the rotation list shall be reduced and limited to 14 wrecker services thereafter. d) All wrecker vehicles used in response to calls from the rotation list shall be inspected yearly. Inspections by the Florida Highway Patrol or Vero Beach Police Department shall be accepted by the sheriff as fulfilling the inspection requirement . -1- e) Citizen complaints shall be investigated by the sheriff and if found to be valid may result in suspension or removal from the rotation list by the sheriff. f) The sheriff is authorized to adopt administrative procedures, N ncluding application forms, necessary for the implementation of the system. SECTION 2. SEVERABILITY. If any section, or any sentence, paragraph, phrase, or word of this ordinance is for any reason held to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance, and it shall be construed to have been the legislative intent to pass the ordinance without such unconstitutional, invalid or inoperative part. SECTION 3. EFFECTIVE DATE. This ordinance shall become effective upon becoming law. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 26 day of Jul y 19949 This ordinance was advertised in the Vero Beach Press -Journal on the 2 day of July 1994, for a public hearing to be held on the 26 day of J u 1 y , 1994, at which time it was moved for adoption by Commissioner Eggert seconded by Commissioner Adams , and adopted by the following vote: Chairman John W. Tippin Aye Vice Chairman Kenneth R. Macht Aye Commissioner Carolyn K. Eggert Aye Commissioner Richard N. Bird Aye Commissioner Fran Be Adams Aye BOARD OF COUNTY COMMISSION INDIAN RIVER COUNTY, FLORIDA Ir APPROVED AS TO FORM x By . AND L GAL UFFICIENCY J hri W. Tippin airmanr B TERRENCE P. O'BRIEN h;IV ASST. COUNTY ATTORNEY Attest By C.lerk;�" K I',,TPP ` Acknowledgement by the Department iof Stade-` of the State of °Florida, this 1st day of August 1994 "3 sr A Effective date: Acknowledgement from the,, :Departmentof State received on this 3rd day of August 1994 ,f` at 'IO %40,0 a.m/RxWx and filed in the Office of the Clerk of the Board of County, Commissioners of Indian River County, Florida.