6840-01
ORDINANCE NO. 6840-01
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO WATER SHORTAGES; AMENDING SECTION
32.151, CODE OF ORDINANCES, TO DELETE A CERTAIN
DEFINITION NO LONGER NECESSARY; REPEALING SECTION
32.153, RELATING TO THE DECLARATION OF A WATER
SHORTAGE; AMENDING SECTION 32.154, TO PROVIDE FOR
FINES AND FINE COLLECTION FOR VIOLATION OF WATER
USE RESTRICTIONS AND PROVIDING FOR APPEAL;
REPEALING SECTION 32.155, HARMONIZING THE SCHEDULE
OF FINES FOR CASES IN WHICH A NOTICE TO APPEAR IS
ISSUED WITH THE PINELLAS COUNTY UNIFORM FINE
SCHEDULE, AS AMENDED FROM TIME TO TIME; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, a Phase III, water shortage emergency remains in the City of
Clearwater (Clearwater) and the surrounding area; the water shortage was first declared by
the Executive Director of Southwest Water Management District when he issued an
emergency final order, Executive Director Order No. SWF 01-14 on March 21, 2001, and
that Order remains in effect; and
WHEREAS, the Clearwater City Commission did respond by adopting Clearwater
Emergency Ordinance No. 6797-01 on April 5, 2001 finding and declaring that an
emergency water shortage existed which affects both the public and private welfare and
that increased compliance and enhanced enforcement of existing water restrictions may
alleviate such emergency water shortage; and
WHEREAS, the Clearwater City Commission finds that the enforcement procedures
in Clearwater Emergency Ordinance No. 6797 were and are effective means of achieving
compliance with the water shortage expectations of Executive Director Order No. SWF 01-
14 as well as enhancing the public and private health safety and welfare of the citizens of
Clearwater as a whole; and
WHEREAS, Clearwater Emergency Ordinance No. 6797-01 repealed conflicting
sections of the Clearwater Code and these repealed provisions should remain repealed
while this ordinance is in effect; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. Section 32.151, Code of Ordinances, is amended as follows:
Sec. 32.151 Definitions.
The following words, terms and phrases, when used in this division, shall have
the meanings ascribed to them in this section, except where the context clearly
indicates a different meaning.
Ordinance No. 6840-01
* * * * * * *
'Nater shortage plan means chapter 40D 21, Florida I\dministrative Code, the
codification of the water shortage plan adopted and published by the district, or any
modification or derivative thereof which is current and in effect at the time a ':.'ater
shortage condition or '/.'ater shortage emergency is declared by the governing board or
the executive director of the district.
Section 2. Section 32.153, Declaration of water shortage condition or emergency
by water management district or by Pinellas County; enforcement; penalties, Code of
Ordinances, is hereby repealed in its entirety.
Section 3. Section 32.154, Code of Ordinances, is amended as follows:
See, 32.154 Enforcement of division.
ill Every police officer of the city in addition to all other duties imposed by law,
diligently enforce the provisions of this division. In addition, the city manager may
delegate the authority to designated code enforcement officers of the city to issue
warninqs, citations/notices to appear in County Court to persons in violation of this
division pursuant to section 1.12(3)7 or to enforce the provisions of this division throuqh
citation to the municipal code enforcement board pursuant to section 1.12(2) or Article
VII of the land development code. When notices to appear are issued to County Court
pursuant to this Division, violators of any provision of this division shall be subiect to the
imposition of fines as set forth in the Pinellas County Uniform Fine Schedule as adopted
by Administrative Order of County Court No. PI-CTY -99-4 of the County Court, as
amended from time to time.
(2) As an alternative method of enforcement. a code enforcement officer or a
police officer shall on first occurrence of failure to comply with the water restrictions taq
the violatinq property with a warninq. Upon findinq of a second or subsequent violation,
the utility customer of record residinq in or responsible for the water and sewer bill at the
taqqed property shall be fined $100. Such fine amounts will be billed to the utility
customer of record by the Customer Service department. Any utility customer of record
aqqrieved by the imposition of the fine on such customer shall have the riqht of appeal
to the city manaqer or his desiqnee. Such appeal shall be ripened by filinq a written
statement with the city clerk within ten days after the mailinq of the bill on which the fine
is imposed. The written statement shall set forth the qrounds for such appeal. The city
clerk shall notify the city manaqer or his desiqnee who shall schedule a hearinq and
shall qive notice of such hearinq to the appealinq utility customer of record. The
decision and order of the city manaqer or his desiqnee shall be final and conclusive.
This fine process shall not preclude alternative citation in county court or to the
municipal code enforcement board.
ill The provisions of this division shall be enforced within the city and, to the
extent permitted by law, within the water service area of the city outside the corporate
limits of the city.
2
Ordinance No. 6840-01
Section 4. Section 32.155, Penalties for violation of division, Code of
Ordinances, is hereby repealed in its entirety.
Section 5. This ordinance shall take effect immediately upon adoption and
remain in effect as long as the Phase III water shortage emergency declared by
Executive Director Order No. SWF 01-14 exists in the Clearwater.
PASSED ON FIRST READING
September 6, 2001
PASSED ON SECOND AND FINAL
READING AND ADOPTED
September 20, 2001
Approved as to form:
~~_C ~
ane C. Hayman
Assistant City Attorney
Attest:
~~~~(!euL
JgVCyn a . Goudeau_
() City Clerk -
3
Ordinance No. 6840-01