Maximum allowable rates for non-consensual towing, police towing and storage for providing tow services at the request of property owners or police agencies

(a)

The city hereby adopts and incorporates the maximum rates established by the Miami-Dade Board of County Commissioners pursuant to section 30-476 of the Miami-Dade County Code, as amended, for providing recovery, non-consent towing, removal and storage services at the request of a police agency, Miami Parking Authority or a property owner or authorized representative, with or without the prior consent of the vehicle owner or other authorized person in control of the vehicle. From time to time, the maximum rates may be altered, revised, increased or decreased by the Miami-Dade Board of County Commissioners. Such increase or decrease by the Miami-Dade Board of County Commissioners shall also apply to the city.

(b)

Business enterprises who provide non-consensual towing services shall not charge in excess of the maximum allowable rates established by the Miami-Dade Board of County Commissioners. No person providing vehicle towing and storage services pursuant to this chapter shall charge any type of fee other than that which the Miami-Dade Board of County Commissioners has established as specific rates.

(c)

In addition to the maximum rates that may be charged by business enterprises providing services pursuant to this section, the city shall impose an administrative fee on the registered owner or other legally authorized person in control of a vehicle in an amount not to exceed 25 percent of the maximum towing rate for each vehicle that is recovered, towed, removed, or stored within the city. The business enterprise shall collect the administrative fee from the registered owner or other legally authorized person in control of a vehicle and remit the fee upon receipt of a monthly invoice to the business enterprise for payment of the city's administrative charges. The administrative charges are due and payable upon receipt of such invoice. Failure to remit payment of the administrative charges within 15 days of the receipt of the invoice shall result in the suspension of the license and the city may seek additional recourse from the business enterprise as set forth in section 42-109.

(Ord. No. 13513, § 1, 4-9-15; Ord. No. 13939, § 2, 11-19-20)

Editor's note— Ord. No. 13513, § 1, adopted April 9, 2015, amended section 42-110 in its entirety to read as herein set out. Formerly, section 42-110 pertained to maximum towing and storage rates for nonconsensual towing of vehicles from private property, and derived from Ord. No. 10537, § 5, adopted January 12, 1989; Ord. No. 10564, § 1, adopted March 23, 1989; the Code of 1980, § 42-80; Ord. No. 11382, § 2, adopted July 25, 1996; Ord. No. 11426, § 2, adopted December 12, 1996; Ord. No. 12285, § 1, adopted October 10, 2002; and Ord. No. 13142, § 11, adopted February 11, 2010.