§ 39-136. Pre-taking hearings for junk vehicles, vessels, and derelict aircraft.

(a)

There is hereby created the position of hearing officer for the purpose of conducting hearings pursuant to this article. The hearing officer shall be selected by the County Administrator from a list of candidates approved by the Board of County Commissioners. The hearing officer shall be a resident of Broward County and a member in good standing with The Florida Bar engaged in the practice of law in Broward County.

(b)

Pre-taking hearings for junk vehicles, vessels, and derelict aircraft. If a contest has been filed with the Division to any notice of violation issued pursuant to the requirements of Section 39-134, at the next available hearing, the hearing officer shall conduct a pre-taking hearing and make a determination as to whether junk property is in violation of the provisions of this article. The hearing officer shall receive evidence and testimony from the person(s) contesting the charge, if present, or such person's(s') authorized representative; from anyone claiming an interest in the junk property; from any witness(es) the owner(s) of the junk property wishes to present; from any witness(es) presented by Broward County; and from those members of the public the hearing officer determines have relevant evidence or testimony. Hearsay evidence shall be admissible to support other testimony but shall not be sufficient alone to support a finding. Sworn testimony shall be given greater weight than unsworn testimony. Following a hearing, the hearing officer shall make findings of fact and conclusions of law determining whether the junk property cited with a notice of violation is in violation of the provisions of this article. In addition, the hearing officer shall prescribe a date by which the junk property must be removed or properly stored by the property owner. The date shall be at least five (5) business days after the hearing. If the junk property is not removed or properly stored by the date set by the hearing officer, Broward County may remove and destroy the junk property. If the junk property is on airport property, the item(s) shall be disposed of pursuant to Sections 705.182 through 705.184, Florida Statutes.

(c)

Any person who intends to appeal a decision of the hearing officer relating to a junk property shall file a notice with the Director of the Division no later than two (2) business days prior to the date set by the hearing officer for removal of the junk property. Such notice shall advise the Division that an appeal will be filed and that the junk property should not be removed. If such notice is received, the Division shall not authorize the removal of such junk property until a determination is made whether an appeal has been filed in a timely manner. If an appeal has not been filed within the time prescribed, the junk property may be removed immediately, or following the date set by the hearing officer for removal, whichever is later. If an appeal has been filed, the junk property shall not be removed until after the appeal is decided unless removal is authorized by the court.

(d)

All appeals to the decisions of the hearing officer shall be writ of certiorari to the Seventeenth Judicial Circuit within thirty (30) days after rendition of the decision.

(Ord. No. 1999-45, § 10, 8-24-99; Ord. No. 2005-17, § 9, 6-28-05; Ord. No. 2013-04, § 2, 2-12-13; Ord. No. 2016-30 , § 3, 10-25-16)