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Resolution 2008-272 RESOLUTION NO. 2008-272 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY PURSUANT TO ORDINANCE NUMBER 2008-47 ESTABLISHING MAXIMUM FEES FOR NON-CONSENT LAW ENFORCEMENT TOWING, PRIVATE PROPERTY TOWING, AND THE STORAGE OF VEHICLESNESSELS AND RELATED FEES. WHEREAS, on September 9, 2008, the Board of County Commissioners of Collier County approved an Ordinance repealing Ordinance number 99-38, as amended, which in part requires the Board to establish by Resolution the maximum fees and rates that can be charged for non-consent law enforcement towing, private property towing (hereafter, "towing"), and the storage of vehicles/vessels and related fees; and WHEREAS, the Board, pursuant to Ordinance 2008-~ is empowered to establish, adjust or make future changes to the maximum rate for the towing and storage of vehicles/vessels, as authorized by Section Four (4) of that Ordinance, by Resolution; and WHEREAS, the Board has considered, reviewed and approves of the maximum fee rate structure pertaining to the towing and storage of vehicles/vessels herein and finds those rates to be fair and appropriate. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: I. All terms contained herein shall be as previously defined in Ordinance number 2008- 47 2. The maximum rate chargeable for private property impound tows shall be as follows: Private Propertv Impound Tow Rate Class A Tow $125.00 Flat Rate Class B Tow $195.00 Flat Rate Class C Tows $277.00 Flat Rate Class D Tows $390.00 Flat Rate *Rate if released on scene One Half (1/2) of posted rate for specific towing service. 3. The maximum rate chargeable for law enforcement directed tows shall be as follows: Law Enforcement Directed Tow Rate Class A Tow $150.00 Flat Rate Class B Tow $222.00 Flat Rate Class C Tows $333.00 Flat Rate Class D Tows $477.00 Flat Rate Per mile fee for Law Enforcement Directed Tow Onlv Class A. Tow $6.50 per mile Class B Tow $7.75 per mile Class C Tows (and higher) $9.00 per mile The mileage charge for all Law Enforcement Directed Tows is based upon the distance from the location of the tow truck company to the scene and back. 2 4. The maximum rate chargeable for daily outdoor and indoor storage rates shall be as follows: Dailv Outdoor Storage Personal Vehicles* Rate Class B Towed Vehicles and Higher $40.00 $75.00 Daily Indoor Storage Personal Vehicles* Rate Class B Towed Vehicles and Higher $50.00 $100.00 *Includes motorcycles, A TVs, scooters, etc. Storage charges shall begin six (6) hours after arrival at the towing company location and will accrue in twenty-four (24) hour intervals starting each day thereafter from the time of original arrival to the storage location (e.g., car towed in for storage at 6:00 p.m., between 6:00 p.m. and 12:00 a.m. no storage charge applies, at 12:01 a.m. charges for day one storage begins, the next day at 6:01 p.m. the second day of storage begins), as also set forth in Section Four ofthe ordinance. 5. Except as otherwise provided in the Ordinance, the maximum rate chargeable for late hour gate fees shall be as follows: Monday - Friday Late Hour Gate Fee Rate If an owner or authorized agent seeks to recover a towed/impounded vehicle/vessel or property within such vehicle/vessel during the weekdays of Monday through Friday 3 between the hours of 6:00 p.m. and 8:00 a.m., the following late hour gate fee shall apply: $65.00. Saturday - Sunday Late Hour Gate Fee Rate If an owner or authorized agent seeks to recovers a towed/impounded vehicle/vessel or property within such vehicle/vessel after 6:00 p.m. Friday through 8:00 a.m. Monday the following late hour gate fee shall apply: $65.00. 6. The maximum rate chargeable as an Administrative Lien Fee shall be as follows: An administrative lien fee shall only be charged after the vehicle has been in the storage facility for at least five (5) calendar days and after all other requirements as provided in Ordinance number 2008- 47 have been met. The maximum rate chargeable as an administrative lien fee shall be the sum of $100.00, plus recovery of the costs and fees imposed by the State of Florida for obtaining ownership information. 7. Extra Time at Scene Charge: The first one half (1/2) hour of service is to be included in the initial cost of providing towing services. After the first one half (1/2) hour, an additional charge in the amount of 25% of the applicable towing rate shall be charged in fifteen (15) minute intervals. 8. Underwater Recovery Fee: An underwater recovery fee of $100.00 plus actual costs may be charged when performed by a certified/professional diver when supported by written documentation approved by the investigating law enforcement officer. 9. Hazardous Material Clean-up and Disposal Fee: The prevailing rate for cleaning up and disposing of hazardous materials when mandated or required through State or 4 Local laws will be permitted upon written approval by the investigating law enforcement officer. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this 9th day of September, 2008. ATT~W:~~.!P~" ' DwiGHt ,E. BR8'Q!(, CLERK (J, '~ ',' ,".", " ~c_ FJ 1-. ~ ~ ..- -::: ~ ~BPci:ry. G. " .~.'~ ",,- 'iiIiii~;"" BOARD OF COUNTY COMMISSIONERS COLLIER C TY, ORIDA . By: TOM" Approved as to form and legal sufficiency: ~7112 j~ Scott R. Teach ~ Deputy County Attorney 5