DERELICT VESSELS

Miami City Code ch. 50, art. VII

in effect

Miami City Code § 50-501 Purpose and findings.

Sec. 50-501. - Purpose and findings. (a) There are currently a number of derelict vessels, as defined herein, in, on, and under the city's public waterways and on the adjoining shoreline. (b) Such derelict vessels pose potential hazards to safe navigation and commercial and recreational use of city waters as well as to the environment. (c) These derelict vessels are hazards to public safety and waterfront property during severe weather. (d) Derelict vessels are sources of degradation of the aesthetic value of city waters and shoreline. (e) The city has, by virtue of F.S. § 823.11, the authority to provide by ordinance for the removal and disposition, including destruction, of derelict vessels. (f) The purpose of this article is to promote the public safety, health, and welfare of the residents of the city and the tourists and guests visiting or vacationing in the city by reducing or eliminating the threats posed by derelict vessels through the exercise of the authority granted to the city pursuant to F.S. § 823.11. (Ord. No. 13797, § 2, 10-11-18)

Miami City Code § 50-502 Definitions.

Sec. 50-502. - Definitions. Unless otherwise expressly stated, the following terms shall, for the purpose of this article, have the meanings indicated in this article: Derelict vessel means a vessel as defined in F.S. § 327.02, as amended from time to time, that is left, stored, or abandoned: (1) In a wrecked, junked, or substantially dismantled condition upon any public waters of this state; (2) At a port in this state without the consent of the agency having jurisdiction thereof; or (3) Docked, grounded, or beached upon the property of another without the consent of the owner of the property. Law enforcement officer means any person who is elected, appointed, or employed full time by any sheriff, any municipality, or the state or any political subdivision thereof who is vested with authority to bear arms and make arrests and whose primary responsibility is the prevention and detection of crime or the enforcement of the penal, criminal, traffic, or highway laws of the state. This definition includes all certified supervisory and command personnel whose duties include, in whole or in part, the supervision, training, guidance, and management responsibilities of full-time law enforcement officers or auxiliary law enforcement officers but does not include support personnel employed by the employing agency. (Ord. No. 13797, § 2, 10-11-18)

Miami City Code § 50-503 Procedure for removal or relocation.

Sec. 50-503. - Procedure for removal or relocation. (a) Without prior notice. Where a law enforcement officer determines that a vessel constitutes a navigational hazard or a hazard to public safety or is determined to interfere with another vessel or where a derelict vessel obstructs or threatens to obstruct navigation or in any way constitutes a danger to the environment, property, or persons, the Law enforcement officer may immediately remove or relocate, but not destroy, the vessel pursuant to F.S. §§ 327.44, 327.70, 376.15, and 823.11. In the event a derelict vessel is removed or relocated prior to notice being given to the owner of the derelict vessel, the law enforcement officer shall make a reasonable effort to ascertain the name and address of the last registered owner(s) of the derelict vessel. The law enforcement officer shall also contact the department of highway safety and motor vehicles in order to determine the name and address of any person(s) who has filed a lien on the derelict vessel as provided in F.S. § 319.27(2) or (3) or F.S. § 328.15(1). On receipt of this information, the law enforcement officer shall mail a notice by certified mail, return receipt requested, to the owner(s) and lienholder(s), if any, advising of the location where the derelict vessel is being held, the reason for removal or relocation, that the owner(s) may request an administrative hearing in accordance with section 50-504 of this article, and that failure to request a hearing pursuant to section 50-504 of this article shall be deemed a waiver of the right to a hearing and an agreement to the remedy of removal, sale, destruction, or other disposition of the derelict vessel. Notice given pursuant to this subsection is presumed to be delivered when it is deposited with the United States Postal Service, certified, and properly addressed with prepaid postage. Certified mail that is returned undeliverable or if delivery is refused shall be deemed as delivered for purposes of this section. (b) With prior notice. Except where a derelict vessel constitutes an immediate hazard to navigation, the environment, or to public health, safety, and welfare, a law enforcement officer shall affix a notice upon the derelict vessel at least 21 days before removing or relocating it, in substantially the following form: NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED PROPERTY. This vessel, to wit: (setting forth brief description of location) has been determined to be (derelict or a public nuisance) and is unlawfully upon the waters of this state (setting forth brief description of location) and must be removed within 21 days; otherwise, it will be removed and disposed of pursuant to Chapter 705 Florida Statutes. The owner and other interested parties have the right to a hearing to challenge the determination that this vessel is derelict or otherwise in violation of the law. Please contact (contact information for person who can arrange for a hearing in accordance with this section). The owner or the party determined to be legally responsible for the vessel being upon the waters of this state in a derelict condition or as a public nuisance will be liable for the costs of removal, destruction, and disposal if this vessel is not removed by the owner. Dated this: (setting forth the date of posting of notice), signed: (setting forth name, title, address, and telephone number of the enforcement officer). The notice may not be less than eight inches by ten inches and must be sufficiently weatherproof to withstand normal exposure to the elements. In addition to posting, the law enforcement officer shall contact the Department of Highway Safety and Motor Vehicles in order to determine the name and address of the owner and any person who has filed a lien on the vehicle or vessel as provided in F.S. § 319.27(2) or (3), or F.S. § 328.15. On receipt of this information, the law enforcement Officer shall mail a copy of the notice by certified mail, return receipt requested, to the owner and to the lienholder, if any, except that a law enforcement officer who has issued a citation for a violation of F.S. § 823.11, to the owner of a derelict vessel is not required to mail a copy of the notice by certified mail, return receipt requested, to the owner. For a derelict vessel or a vessel declared a public nuisance pursuant to F.S. § 327.73(1)(aa), the mailed notice must inform the owner or responsible party that he or she has a right to a hearing to dispute the determination that the vessel is derelict or otherwise in violation of the law. If a request for a hearing is made, the city shall follow the processes set forth in F.S. § 120.569, except that a magistrate, or code enforcement officer may be designated to conduct such a hearing. If, at the end of 21 days after posting the notice and mailing such notice, if required, the owner or any person interested in the derelict vessel or a vessel declared a public nuisance pursuant to F.S. § 327.73(1)(aa), has not requested a hearing in accordance with this section, the law enforcement officer may: (1) Remove the vessel from the waters of this state and destroy and dispose of the vessel or authorize another governmental entity or its designee to do so; or (2) Authorize the vessel's use as an artificial reef in accordance with F.S. § 379.249, if all necessary federal, state, and local authorizations are received. A law enforcement officer may also take action as described above if, following a hearing pursuant to this section, the judge, magistrate, administrative law judge, or hearing officer has determined the vessel to be derelict as provided in F.S. § 823.11, or otherwise in violation of the law in accordance with F.S. § 327.73(1)(aa), and a final order has been entered or the case is otherwise closed. (Ord. No. 13797, § 2, 10-11-18; Ord. No. 14267, § 2, 4-11-24)

Miami City Code § 50-504 Administrative hearings to determine disposition of derelict vessels.

Sec. 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)

Miami City Code § 50-505 Special assessment lien for costs of removal and disposition of derelict vessels.

Sec. 50-505. - Special assessment lien for costs of removal and disposition of derelict vessels. All costs of removal, storage, and disposal (whether by destruction, sale, or otherwise) of a derelict vessel shall be charged to the owner of such derelict vessel to the full extent permitted by law. 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. 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. The lien created shall be considered a special assessment lien that may be recorded in the public records of Miami-Dade County. The lien shall accrue interest at the maximum legal rate allowed by law from the date of the city's invoice until the costs and administrative fee are paid. The city attorney is hereby authorized to file such instruments as are necessary to establish and enforce any lien upon such derelict vessel for such costs. The city may foreclose on such lien pursuant to section 2-827 of this City Code. Such lien shall have equal dignity with a tax lien. (Ord. No. 13797, § 2, 10-11-18)

Miami City Code § 50-506 Appeal.

Sec. 50-506. - Appeal. An aggrieved party, including the city, may appeal a final decision of the code enforcement board to the circuit court of the Eleventh Judicial Circuit of Florida in accordance with the Florida Rules of Appellate Procedure. Such an appeal shall not be a hearing de novo but shall be limited to appellate review of the record created before the code enforcement board. An appeal shall be filed within 30 days of rendition of the order to be appealed. (Ord. No. 13797, § 2, 10-11-18)

Miami City Code § 50-507 Nonexclusivity of remedy.

Sec. 50-507. - Nonexclusivity of remedy. The remedies referenced in this section are cumulative with other available remedies pursuant to state law, including but not limited to, arrest and prosecution pursuant to criminal statutes, civil remedies, and fines, and are not exclusive. The city's access to the courts of the state is neither precluded nor prohibited by the enactment of this article. (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_ARTVIIDEVEFetched: 11/1/2026