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ORDINANCE NO. 421G-86
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO LOT CLEARING; AMENDING SECTIONS 95.06, 95.07
AND 95.130 CODE OF ORDINANCES, TO PROVIDE THAT THE
SANITATION DIVISION, RATHER THAN THE CITY CLERK, SHALL
PROVIDE ALL NOTICES AND RECEIVE WRITTEN REQUESTS FOR
HEARING BY THE LOT CLEARING BOARD OR BY THE CITY
COMMISSION; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Sections 95.06, 95.07 and 95.13, Code of Ordinances, are amended to
read:
Sec. 95.06. Designation of investigating and enforcement authority; authority of
sanitation division.
The sanitation division of the utilities department is hereby designated as the
investigating and enforcing authority pursuant to the provisions of this chapter. The
sanitation division is hereby authorized and directed to receive all complaints of a
violation of this chapter, make inspections to determine if a Violation of this chapter
exists, gather all relevant information concerning such complaints, conduct field
investigations and inspections of real property, and to enter upon real property in the
conduct of its official business pursuant to this chapter. The sanitation division shall
provide ei+y el'erk shag be respewible for providing all notices exeept the pasting of
the property; whleh shag be done by the sanitation drier: to affected property
owners required by this chapter and to take such other action as is reasonably
necessary to accomplish the purpose of this chapter.
Sec. 95.07. Notice of violation and hearing.
Upon receipt of a complaint that property is in violation of this chapter and upon
completion of the field investigation by the sanitation division and determination that
a violation exists, the €eRew4flg preeedures w4R apply. The property will be posted
with a notice advising of the nature of the violation and requesting compliance within
fifteen (15) days. A letter of demand will be sent to the property owner by first class
mail. The notification to the property owners will advise that they have the right to
appear before the city lot clearing board to contest the findings of the violation. The
Written request for the hearing must be in writing and received by the se.dUition
division eify elerk within ten (10) days after the posting of the notice of violation. An
owner not in agreement with the findings of the lot clearing board may appeal to the
city commission and must do so by a written appeal together with a fee of twenty-five
dollars ($25.00) to the sanitation division eity clerk within seven (7)
Ord. 4210-86
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8/7/86
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working days following the decision of the lot clearing board. Each affected property
owner has the right at either the board hearing or the city commission meeting to have
legal counsel present.
Sec. 95.13. Grace period prior to establishment of liens.
Prior to the assessment of liens by the city commission in accordance with
section 95.11, the sanitation division eky elerk shall provide each property owner with
a written notice by regular mail of the cost to clear the property, together with the
administrative costs, if applicable, which total would be assessed against the property,
together with an invoice for payment thereof. The notice shall require payment within
thirty (30) days of the date of notice and shall'state that it shall constitute a lien
against such property if payment is not received within thirty (30) days. If payment Is
not received within the period by the city, the city clerk shall assess the amount
against the property in the manner provided by section 05.11. No lien shall be assessed
by the city commission against any property prior to the expiration of the grace period
set forth by this section.
Sectinn 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING July 17, 1986
PASSED ON SECOND AND FINAL
READING AND ADOPTED ?Agust 7, 1986
Attest: .
City . Jerk '
Approved as to form
and correctness:
City Attorney,
.