Administrative hearings to determine disposition of derelict vessels.
Miami City Code § 50-504
in effectSec. 50-504. - Administrative hearings to determine disposition of derelict vessels.
(a) Request for an administrative hearing. The owner(s) of a derelict vessel may request a hearing before the code enforcement board to show that the condition(s) alleged in the notice does not exist or that the derelict vessel is not derelict pursuant to F.S. § 823.11, by submitting a written request for hearing to the office of hearing boards within 21 days after the notice required by this section is given. The written request may be provided by facsimile, electronic mail, or other electronic means and must indicate if the owner contends that the vessel is not derelict, or indicate such other specific grounds on which impoundment, removal, or destruction of the derelict vessel is challenged. Failure to request a hearing pursuant to this section shall be deemed a waiver of the right to a hearing and an agreement to the remedy of removal, impoundment, sale, destruction, or other disposition of the derelict vessel.
(b) Hearing notices.
(1) Within 30 days of receipt of a derelict vessel owner's timely written request for an administrative hearing, the office of hearing boards shall schedule a hearing before the code enforcement board.
(2) The office of hearing boards shall send a written notice of hearing by certified mail, return receipt requested, to the derelict vessel owner(s) at his or her last known mailing address stating the time, date, and place of the hearing.
(3) The notice of hearing shall inform the owner(s) of the specific grounds for classification of the vessel as derelict, and his or her opportunity to demonstrate why the condition(s) alleged in the notice does not exist or that the vessel is not derelict pursuant to F.S. § 823.11. The notice of hearing shall additionally advise that:
a. Failure of the owner(s) or person(s) entitled to possession of the derelict vessel to timely request or attend a scheduled hearing shall be deemed a waiver of the right to such hearing and creates a presumption that the vessel is derelict.
b. The person(s) demanding the hearing shall carry the burden of establishing by a preponderance of the evidence that the condition(s) alleged in the notice does not exist or that the vessel is not derelict.
c. The costs of impoundment, removal, sale, destruction, or other disposition of a derelict vessel shall be taxed to the registered owner(s).
d. Pursuant to F.S. § 705.103(4), any person who neglects or refuses to pay such amount shall not be entitled to be issued a certificate of registration for such derelict vessel or motor vehicle, or any other vessel or motor vehicle, until such costs have been paid.
No other notices are required. Unless the derelict vessel constitutes an immediate hazard to navigation or to public health, safety, and welfare, a timely written request for a hearing under this section stays all enforcement proceedings until an order of the code enforcement board is rendered.
(c) Conduct of hearings.
(1) Hearings pursuant to this article shall be conducted by the code enforcement board.
(2) The city manager shall provide all necessary clerical and administrative staff support to the code enforcement board, including space and necessary expenses which may be reasonably required by the code enforcement board for the proper performance of its duties. Among other duties, the office of hearing boards shall be custodian of all cases and documents pertaining thereto and shall have the authority to certify orders and other documents issued by the code enforcement board.
(3) All hearings before the code enforcement board shall be open to the public. All testimony shall be given under oath and shall be recorded electronically or by a stenographer. Such recording may be transcribed at the expense of the party requesting the transcript.
(4) The code enforcement board shall consider the evidence presented by the derelict vessel owner(s) and the city at the hearing. Formal rules of evidence shall not apply, but fundamental due process shall govern the proceedings. All parties shall have an opportunity to present evidence and argument on all issues involved, conduct cross examination, submit rebuttal evidence, and be represented by counsel.
(5) The code enforcement board shall proceed with a hearing in absentia on the merits of the alleged violation for all registered owner(s) whom have been properly noticed in regard to the hearing and fail to appear. Any findings or orders resulting from such hearing are valid and binding upon the registered owner(s).
(6) The code enforcement board shall determine whether a vessel is derelict in violation of this article. If the code enforcement board determines that a vessel is not derelict, then the vessel shall be returned to the owner(s) without payment of costs for removal and storage or the owner(s) shall be entitled to a refund or reimbursement of the reasonable costs of removal and storage if they were paid by the owner(s).
If the code enforcement board determines that a vessel is derelict, the city may proceed to dispose of the derelict vessel as provided in F.S. § 823.11. The costs of storage, removal, sale, destruction, or other disposition of a derelict vessel shall be taxed to the registered owner(s). If the registered derelict vessel owner(s) does not pay the costs of removal, storage, and disposal (whether by destruction, sale, or otherwise) of a derelict vessel within 30 days of the date the city sends an invoice, then the city may lien the derelict vessel with such costs.
(7) Following a hearing, the code enforcement board shall make findings of fact and conclusions of law based upon the evidence presented and made part of the record determining whether a vessel is derelict. The decision of the code enforcement board is final.
(Ord. No. 13797, § 2, 10-11-18)
Source: City of Miami, Florida, City Code, City Charter, Special Acts and Related General Laws (Municode Library, library.municode.com)URL: https://library.municode.com/fl/miami/codes/code_of_ordinances?nodeId=PTIITHCO_CH50SHVEWA_ARTVIIDEVE_S50-504ADHEDEDIDEVEFetched: 11/1/2026