6558-00
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ORDINANCE NO. 6558-00
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AN ORDINANCE OF' -THE CITY OF CLEARWATER
RELATING TO PENALTIES AND ENFORCEMENT
PROCEDURES FOR THE VIOLATION OF THE CODE OF
ORDINANCES; AMENDING SECTION 1.12(1), CODE OF
ORDINANCES, TO INCLUDE VIOLATIONS OF SECTION 3-
1508, VIOLATIONS OF CHAPTER 21, AND VIOLATIONS OF
ARTICLE 3, DIVISION 3, WITHIN THE VIOLATIONS
PUNISHABLE BY A FINE NOT TO EXCEED $500.00, OR
IMPRISONMENT FOR A TERM NOT EXCEEDING 60 DAYS,
OR BY BOTH A FINE AND IMPRISONMENT; AMENDING
SECTION 1.12(3) TO EXCLUDE CHAPTER 15, SECTION 3-
1508, CHAPTER 21, AND ARTICLE 3, DIVISION 3, FROM
THOSE VIOLATIONS THAT MAY BE ENFORCED IN
ACCORDANCE WITH THE PROCEDURES CONTAINED IN
SECTION 1.12(3); AMENDING SECTION 1.12(3)(b) TO
SPECIFY THE TIME WITHIN WHICH A VIOLATOR HAS TO
CORRECT A VIOLATION AND TO AUTHORIZE A CODE
INSPECTOR TO IMMEDIATELY ISSUE A CITATION IF THE
VIOLATION IS OF AN ITINERANT OR TRANSIENT
NATURE; AMENDING THE FINE SCHEDULE IN SECTION
1.12(3)(d); PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Section 1.12, Code of Ordinances, is amended to read as follows:
Sec. 1.12. General penalty; enforcement of civil infractions; continuing
violations.
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(1) Except in the case of a violation of chapter 6, chapter 15, Sec. 3-1508 (Noise)
3rtiolo III of ch3ptor 20, aRG 3rtiolo I of chapter 21, and Article 3. Division 3 (Adult
Use Standards). whenever in this Code or in any ordinance of the city any act is
prohibited or is made or declared to be unlawful or an offense, or whenever the
doing of any act is required or the failure to do any act is declared to be unlawful, the
violation of any such provision of this Code or any ordinance shall be a civil infraction
punished by a fine not exceeding $500.00. Where the violation or offense is one
relating to a violation of any of the provisions of chapter 6, chapter 15, Sec. 3-1508
(Noise) 3rticlo III of oh3ptar 20, or 3rticlo I of chapter 21, or Article 3. Division 3
(Adult Use Standards). then such violation shall be punished by a fine not to exceed
$500.00, or imprisonment for a term not exceeding 60 days, or by both a fine and
imprisonment, as may be imposed by the county court. Each day any violation of any
provision of this Code or of any ordinance shall continue shall constitute a separate
offense, except that in any case where the violation consists of a discrete act or
failure to act, each violation shall constitute a separate offense.
Ordinance No. 6558-00
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The ordinances contained in this Code may be enforced through the
municipal code enforcement board pursuant to the procedures contained in
chapter 2, article III, division 9. . .
(2)
(3) Except for the ordinances set forth in chapter 6, Chapter 15. Sec. 3-1508
(Noise) artiolo III of ch3ptor 20, and 3rtiolo I of chapter 21, and Article 3. Division 3
(Adult Use Standards). the ordinances contained in this Code may be enforced in
accordance with the following procedures:
(a) An employee of the city who is duly authorized by the city manager and
responsible for the enforcement of such ordinances, referred to in this
section as a code enforcement officer, may issue a citation to a person
to appear in county court when the code enforcement officer upon
personal investigation has reasonable cause to believe that the person
has committed a civil infraction. Employees who may be designated as
code enforcement officers may include but are not limited to code
inspectors, law enforcement officers, or fire safety inspectors.
(b)
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Prior to issuing a citation, the code enforcement officer shall provide notice to
the person that the person has committed a violation of a city
ordinance and shall establish a reasonable time period, not to exceed
30 days and no fewer than 5 days, within which the person must
correct the violation. If, upon personal investigation, the code
enforcement officer finds that the person has not corrected the
violation within the time period, the code enforcement officer may
issue a citation to the person who has committed the violation. The
code enforcement officer does not have to provide the person with a
reasonable time period to correct the violation prior to issuing a citation
and may immediately issue a citation if a repeat violation is found or if
the code enforcement officer has reason to believe that the violation
presents a serious threat to the public health, safety, or welfare, or if
the violation is irreparable or irreversible. or if the violator is enoaoed
in violations of an itinerant or transient nature.
(c) The form of the citation shall contain the following:
1.
2.
3.
4.
5.
6.
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The date and time issued;
The name and address of the person to whom the citation is issued;
The date and time the civil infraction was committed;
The facts constituting reasonable cause;
The number or section of the code or ordinance violated;
The name and authority of the code enforcement officer;
Ordinance No, 6558-00
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7.
The procedure for the person to follow in order to pay the civil penalty
or to contest the citation;
8. The applicable civil penalty if a person elects to contest the citation;
9. The applicable civil penalty if a person elects not to contest the
citation;
10. A conspicuous statement that if a person fails to pay the civil penalty
within the time allowed, or fails to appear in court to contest the
citation, he shall be deemed to have waived his right to contest
the citation and that, in such case, judgment may be entered
against the person for an amount up to the maximum civil
penalty.
(d) A person who receives a citation from a code enforcement officer for the
violation of a city ordinance and who elects not to contest the citation
shall be subject to a civil penalty in accordance with the following
schedule:
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Class Fine Court Costs Total
I $150.00 $10.00 +-:-Q..G. $160.00 157.00
II 125.00 10.00 +-:-Q..G. 135.00 132.00
III 75.00 10.00 +-:-Q..G. 85.00 g2.00
IV 50.00 10.00 +-:-Q..G. 60.00 57.00
V 25.00 10.00 +-:-Q..G. 35.00 32.00
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The schedule of fines and costs is included in this section to reflect the
current uniform schedule of fines and costs imposed by the county
court as of November 19. 1999 September 19, 1991. Any amendment
to the uniform schedule of fines and costs by the county court shall
take effect as ordered by the court, and shall be applicable to
violations of city ordinances without the necessity to amend the
schedule set forth in this section.
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(e)
A violation of any ordinance contained in this Code and enforced pursuant to
subsection (3) of this section shall constitute a class V violation,
except that a violation of the land development code shall constitute a
class III violation, unless otherwise indicated; provided, however, that
if the uniform schedule of fines and costs of the county court provides
for a greater penalty, the greater penalty shall be imposed.
(f) A second or subsequent violation of the same ordinance by the same person
shall result in the fine being doubled.
(g) Any person who fails to pay the appropriate civil penalty within the time
allowed, or who fails to appear in county court to contest the citation,
shall be deemed to have waived his right to contest the citation, and
judgment may be entered against the person for an amount not to
exceed $500.00.
(h) The provisions of subsection (3) of this section shall not apply to enforcement
pursuant to F.S. ~~ 553.79 and 553.80 of building codes adopted
pursuant to F.S. ~ 553.73 as they apply to construction, provided that
a building permit is either not required or has been issued by the city.
For the purposes of this subsection, the term "building codes" means
only those codes adopted pursuant to F .S. ~ 553.73.
(i)
The provisions of subsection (3) of this section are an additional and
supplemental means of enforcing city codes and ordinances. Nothing
contained in subsection (3) of this section shall prohibit the city from
enforcing its codes or ordinances by any other means.
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(4) In addition to the penalties provided for in this section, any condition caused
or permitted to exist in violation of any of the provisions of this Code or any
ordinance shall be deemed a public nuisance and may be abated by the city
as provided by law, and each day that such condition continues shall be
regarded as a new and separate offense.
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
May 18, 2000
PASSED ON SECOND AND FINAL
READING AND ADOPTED
June 1, 2000
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Attest:
Ordinance No. 6558-00