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Date Created: 05/12/21
Last updated: 05/26/21
Date Created: 05/12/21
Last updated: 05/26/21
City: Mascotte |
Mascotte, FL to Consider an Ordinance Affecting Abandoned Vehicles |
This ordinance is designed to comport with Current caselaw and compliments the City’s new parking
ordinance by updating the City’s Code regarding abandoned, junked, wrecked, or discarded vehicles.
While complimentary, these regulations address violations of City Code on private property rather than
on City-owned property/ROW/roadways. The City’s current Code provides for forfeiture of items
which violate the Code’s prohibition against the improper storage of such vehicles and equipment.
Recently, the U.S. Supreme Court decision held that such civil forfeitures are potentially subject to
scrutiny as excessive fines. This ordinance provides a process whereby a person has an opportunity to
reclaim his/her property taken into custody by the City when the owner compensates the City for
removal and storage costs. Accordingly, this ordinance clarifies that seizures under the Code are meant
to remedy public nuisances rather than enact a forfeiture or fine as punishment for violation of the
section. The ordinance provides detailed procedures to ensure that due process requirements are met. |
Issue History | |
05/26/21 | The Council will hold a final reading at the 6/01/21 meeting. |
05/12/21 | The Council will hold a first reading at the 5/18/21 meeting. |
Related Documents | |
6/01/21 Background | |
6/01/21 Meeting Agenda | |
5/18/21 Background | |
5/18/21 Meeting Agenda |