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} nY3•?' _ A
ORDINANCE NO. 4052-85
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AN ORDINANCE OF THE CI'T'Y OF CLEARWA'T'ER, FLORIDA,
AMENDING CHAP'T'ER 138, HOUSING CODE, OF TI'T'LE XI,
BUILDING AND ZONING REGULATIONS, OF THE CODE OF
ORDINANCES, CITY OF CLEARWATER, BY AMENDING PRO-
CEDURE UPON NONCOMPLIANCE BY OWNER TO PROVIDE FOR
APPEALS TO THE BUILDING BOARD OF ADJUS'T'MEN'T'S AND
APPEALS AND TO PROVIDE FOR ACTION BY THE CODE
ENFORCEMENT BOARD; PROVIDING FOR. THE REPEAL OF
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR PROPER NO'T'ICE OF PROPOSED
ENACTMENT; AND PROVIDING FOR THE EFFECTIVE
DATE OF THIS ORDINANCE.
WHEREAS, the Local Government Comprehensive Planning Act
(LGCPA) requires that all Jevelopment regulations and amendments
thereto related to an adopted comprehensive plan or element thereof
be reviewed by the Local Planning Agency (LPA) for conformance with
plans adopted pursuant to the LGCPA; and
WHEREAS, the Pinellas County Planning Council (PCPC) has been
designated the Local Planning Agency for Pinellas County and the
PCPC has adopted guidelines with reference to each required referral
process; and
WHEREAS, this Ordinance has been referred to and considered by
the PCPC under said process;
NOW, 'T'HEREFORE, BE IT ORDAINED BY THE CITY
COMMISSION OF THE CITY OF CLEARWATER, FLORIDA:
Section 1. That Section, 138.02, Procedure upon noncompliance
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by owner, etc, with notice or order, of Chapter 138, Housing Code,
of Title XI, Building and Zoning Regulations, of the Code of Ordinances,
City of Clearwater, be and the same is hereby amended to read as
follows:
Sec, 138.02. Procedure upon noncompliance by owner,
etc, with notice or order.
If the occupant or the owner of a building fails within
the time specified to comply with the written notice of
the building direeter official to repair, alter or improve,
or to vacate or close a building, or to remove or demolish
the dwelling or building in accordance with the terms
thereof, er fails within the time specified to comply with
the decision of the housing building board of adjustments
and appeals if the decision of the building direeter official
is appealed to the board, or is in violation of an order of
the code enforcement board issued pursuant to sec. 133.02 (8)
of the Clearwater code for more than thirty (30) days, then
written notice of such failure shall may_ be furnished by
the building direeter official to the city manager. There-
after the city manager shall schedule a public hearing
thereon before the city commission and shall cause notice
of the public hearing to be given by publication in some
newspaper published in the city, once a week for at least
two (2) weeks, the first publication to be at least ten (10)
days ._Irior to the hearing provided therein, and-shall also
SEE ORDINANCE
Ord. 4052-85
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cause to be mailed a notice of the scheduled public
hearing by certified mail, return receip", requested,
to the occupant at the street address of the property
and to the owner of the property addressed as indicated
on the current tax roll of the county. Such notice shall
require all persons interested to show cause: why the
occupant or the owner or both should not comply with the
order of the building d1 reeter official, or the decision
of the he4sing building board of adjustmcnts and appeals,_
or the order of the code enforcement board.
Section 2. The City of Clearwater does hereby certify that
the measures contained in this ordinance are consistent and in
conformance with the City's Comprehensive elan and individual
elements thereof adopted pursuant to the LGCPA and directs that
same be forwarded to the LPA for their receipt and appropriate
action.
Section 3. Should any part or provision of this ordinance be
declared by a court of competent jurisdiction to be invalid, the
same shall not affect the validity of the ordinance as a whole, or
any part: thereof other than the part declared to be invalid.
Section 4. All ordinances or parts of ordinances in conflict
herewith are to the extent of such conflict hereby repealed.
Section 5. Notice of the proposed enactment of this ordinance
has been properly advertised in a newspaper of general circulation
in accordance with Section 166.041; Florida Statutes.
Section 6. The provisions of this ordinance shall take effect
immediately upon its passage.
PASSED ON FIRST READING September 5, 1985
PASSED ON SECOND AND FINAL
READING AND ADOPTED September 19, 1985
Attest:
iH y. Clerk
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