3235-83
ORDINANCE N0. 3235-83
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING SUBPARAGRAPH (d) OF SECTION 95.04,
PROHIBITIONS; REMOVAL OF ABANDONED PROPERTY, OF
CHAPTER 95, LOT CLEARING, OF TITLE Vill, PUBLIC HEALTH
AND SAFETY, OF THE CODE OF ORDINANCES, CITY OF
CLEARWATER, TO PROVIDE A PRE-ACQUISITION HEARING
PROCEDURE; PROVIDING FOR THE SEPARABILITY OF THE
PROVISIONS HEREOF; PROVIDING FOR THE REPEAL OF
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH TO THE EXTENT OF SUCH CONFLICT; PROVIDING
FOR PROPER NOTICE OF PROPOSED ENACTMENT; AND
PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE.
WHEREAS, in light of a decision by the 4th DCA in the case of Davis v.
City of South Bay, 8 FLW 1847 (1983), a need exists to revise our procedure for the
removal of abandoned property to provide for a pre-acquisition hearing.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF CLEARATER, FLORIDA:
Section I. That subparagraph (d) of Section 95.04, Prohibitions; removal
of abandoned property, of Chapter 95, Lot Clearing, of Title Vill, Public Health and
Safety, of f he Code of Ordinances, City of Clearwater, be and the some is hereby
amended to read as follows:
Sec. 95.04. Prohibitions; removal of abandoned property.
(d) Pursuant to F.S. Sect. 759466 705.16(4)(a),(b), the
provisions of such section are hereby adopted by reference and shall
constitute the provisions that will apply in the removal of abandoned
property from public and private property, except rights-of-way, in
the city. The term "abandoned property" shall have that meaning as
set forth in F.S. Sect. 705.16(2)(b). The term "debris" as defined in
section 95.03 and the term "abandoned property" as defined herein
shall be construed as being mutually exclusive. In utilizing the
n a Drovision
a
The procedure incorporated by this subparagraph to be
utilized in removing abandoned property shall be applied separately
from the procedure otherwise set out in this chapter for the
clearance of lots.
The sanitation superintendent or his designee shall have
the responsiblltly of enforcing the provisions of F.S. Sect. 705.16.
Section 2. Should any part or provision of this ordinance be declared by a
court of competent jurisdiction to be invalid, the some shall not affect the validity of
the ordinance as a whole, or any part thereof other than the part declared be
Invalid.
J
Ord. ' 3235-83 10-6-83,
Section 3. All ordinances or parts of ordinances in conflict herewith are
to the extent of such conflict hereby repeated.
Section 4. 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 5. The provisions of this ordinance shalt take effect immediately
upon Its passage.
PASSED ON FIRST READING September 15, 1983
PASSED ON SECOND AND FINAL October 6, 1983
READING AND ADOPTED
:10-6-83
t' r
ST. PETERSBURG TIMES g3 a ss
and EVENING INDEPENDENT
St. Petersburg, Pi? Daily
sCounty, floridoRECEIVED t
STA'I'D OF FLORIDA'
S. S. SEP 16 1983
COUNTY OF PINELLAS
ll ?/ ERR
Before the undersigned authority personally appeared
who on oath says that he isl=rnnt c?nr?n?i"r rt k of the ?'? Pa rwate_r 2%'
a dally newspaper published at St. Petersburg, is Pinellas County, Florida: that th
attached copy of adveccisement, being a - - - - --L e$3 I- X vxi a . -. _ _ _.. - -- _ _ -.j
in the matter .... B.B._-NntLae.n.f_iaxopasAd.enactme.nt_uX-uxd:,
the
was published in said newspaper in the issues of.... e;st esnb ez- - 2A, - _L9-a3
------------ ---------------------------------------------------,
Affiantfurther says the said Clearwater Times is a newspape
published at St. Petersburg, in Said Pinellas County, Florida, and -char the said news :4
per has heretofore been continuously published in said Pinellas County, Florida
C h day and has been entered as second class mail matter at the post office in St. Pa
tersburg, in said Pinellas County, Florida, for a keriod of one year nest preceding tht,
first pub icstion of the attached copy of advertisement, and affiant further says thaj':
he has neither paid nor promised any person, firm, or corporation any discount, re..
bate, commission or refund for the purpose of securing this advertisement for publiy;
cation in the said newspaper.
Sworn to and subscribed
before me this _ _ .I Ath day of /
19 8?
La1- ?
(SEAL) Noory Public ?
Notary Public, slates of Florida at Large
My consmission expires- MY COmm1581001,rP11- FFq 11 1087
E
/ g6.pl