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 Miami - Dade County
 Code of Ordinances
 Chapter 19. RESPONSIBLE PROPERTY OWNER AND MERCHANT ACT

  § 19-12. Abandoned property on public property.  

Latest version.

  • (A)

    Whenever the enforcement officer ascertains that abandoned property is present on public property, the officer shall place a notice upon the abandoned property in substantially the following form:

    NOTICE TO THE OWNER OR THE
    AUTHORIZED AGENT OF THE OWNER
    OF THE ATTACHED PROPERTY

    This property (setting forth brief description) is unlawfully upon public property known as (setting forth brief description of location) and shall be removed within five (5) days from the date of this notice; otherwise a civil violation shall be issued and it shall be presumed to be abandoned property and shall be removed and destroyed by order of Miami-Dade County at owner's expense. You may within five (5) days from the date of this notice, request an opportunity to show cause for your failure to remove this property by writing to the Team Metro Director, 111 N.W. First Street, Miami, Florida 33128.

    Dated this: (setting forth the date of posting of notice) Signed: (setting forth name, title, address and telephone number of enforcement officer)

    Such notice shall be not less than eight (8) inches by ten (10) inches and shall be sufficiently weatherproof to withstand normal exposure to the elements. In addition, at the time of posting, the enforcement officer shall make a reasonable effort to ascertain the name and address of the last owner of said personalty. If the name and address is obtained by the officer, he shall mail, via certified mail, a copy of such notice to the last owner.

    (B)

    If, at the end of five (5) days after posting such notice, or, in the case where notice is mailed, five (5) days after mailing, the owner or the authorized agent of the owner of the abandoned article or articles described in such notice has not removed the article or articles from public property or requested an opportunity to show reasonable cause for failure to do so, the enforcement officer shall issue a civil citation and may cause the article or articles of abandoned property to be removed and destroyed, and the salvage value, if any, of such articles or articles may be retained by the county to be applied against the cost of removal and destruction thereof.

    (C)

    Reasonable cause under this subsection shall be determined by the Director at a hearing on the matter if requested in writing by the owner within five (5) days after notice has been posted on the article or mailed to the last owner, whichever is later. The request shall make reference to the number on the notice which was posted on the personalty. The hearing shall be conducted pursuant to the procedures set forth in Chapter 8CC of the Code of Miami-Dade County, except that written request for the hearing shall be made within the time herein set forth.

    (D)

    If reasonable cause for failure to remove the article has been demonstrated, the article shall not be subject to removal and destruction as abandoned property.

(Ord. No. 03-160, §§ 1, 2, 7-8-03; Ord. No. 04-24, § 2, 2-3-04; Ord. No. 04-90, § 4, 5-11-04)