2065
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y
ORDINANCE NO, _ 206 5
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING CHAPTER 23A, TREE PROTECTION, OF THE
CODE OF ORDINANCES OF THE CITY OF CLEARWATER,
FLORIDA, 1962, TO ESTABLISH A FEE OF TWENTY-
FIVE DOLLARS FOR PROCESSING AN APPEAL FROM THE
CITY MANAGER'S DENLAL OF PERMIT TO THE BOARD
OF ADJUSTMENT AND APPEAL ON ZONING; PROVIDING
FOR REPEAL OF ALL ORDINANCES OR PARTS OF ORDI-
NANCES IN CONFLICT HEREWITH TO THE EXTENT OF
SUCH CONFLICT; PROVIDING PENALTIES FOR THE
VIOLATION OF THIS ORDINANCE; PROVIDING FOR THE
SEPARABILITY OF THE PROVISIONS HEREOF; PRO-
VIDING FOR PROPER NOTICE OF PROPOSED ENACTMENT;
AND PROVIDING FOR THE EFFECTIVE DATE OF THIS
ORDINANCE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. Section 23A-8, Appeal from Denial of Permit, of,
Chapter 23A, Tree Protection, of the Code of Ordinances of the City of
Clearwater, Florida, 1962, is hereby amended to read as follows:
Sec. 23A- 8. Appeal from denial of permit.
Any applicant for a permit required by this chapter ad-
versely affected by a decision: of the city manager in the
application or interpretation of any of the provisions of thin
chapter may appeal the decision of the city manager to the
board of adjustment and appeal on zoning. The appeal pro-
vided herein shall be taken by filing written notice thereof
with the city clerk, with a copy thereof to be filed with the
city manager, within ten (10) days from the announcement
of the decision. The notice provided for herein shall recite
the reasons why the appeal is being taken.
Each appeal shall be accompanied by a fee of fire twenty-five_
dollars 45.-04) 25.00 which fee shall be sufficient to cover
the cost of processing the appeal. The board of adjustment
and appeal shall have the power to hear all such appeals and
for that purpose. shall adopt rules for the conduct of such
hearings which rules shall uniformly apply to all such appeals
and shall provide that both the appellant and appellee shall
have the right to:
(a) Offer and examine witnesses and present evidence in
support of their respective cases; and
(b) Cross-examine witnesses and offer evidence to refute
evidence offered in opposition.
Following the hearing of such appeal, the board of adjustment
and appeal shall cause its decision to be reduced to writing
and such decision shall contain the findings of facts based upon
evidence produced at the hearing.
.Ord. 92065 -I- ,1/3/80
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Section Z. All ordinances or parts of ordinances in conflict herewith + ;:?w.t? ';?il p 1',.'y{ ?•,{
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are to the extent of such conflict hereby repealed.
Section 3. Any person, organization, society, association or
corporation, ar any agent or representative thereof, who shall violate the
provisions of this ordinance shall be subject, upon conviction, to a fine not
exceeding the sum of Five Hundred Dollars ($500.00), or imprisonment for ".. "' Pi ;?:;"`'`•;
not exceeding sixty 60 days, orb both such fine and im risonmeint in the
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discretion of the 3udge.
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Section 4. Should any section, paragraph, sentence or word of this
ordinance be declared for any reason to be invalid, the same shall not affect n
the validity of the ordinance as a whole, or any part thereof other than the
part declared to be invalid.
Section S. 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. This ordinance shall become effective immediately upon
its passage.
PASSED ON FIRST READING December 20, 1979
PASSED ON SECOND AND FINAL
READING AND ADOPTED January 3, 1980
r? -d -.- I .
ayor-Commissioner
Attest: l
City Clerk
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1/3/80
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