2169-80
ORDINANCE NO. 2169
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING CHAPTER 2, ADMINISTRATION,
OF THE CODE OF ORDINANCES OF THE CITY OF
CLEARWATER, FLORIDA, 1962, TO ENACT A NEW
ARTICLE IX PROVIDING FOR THE CREATION OF A
CLEARWATER MUNICIPAL CODE ENFORCEMENT
BOARD; PROVIDING FOR THE FUNCTIONS, AP-
POINTMENT AND TERM OF OFFICE.OF BOARD
MEMBERS; PROVIDING FOR ATTENDANCE AND REMOVAL
FROM OFFICE; PROVIDING FOR ENFORCEMENT PRO-
CEDURE; PROVIDING FOR HEARING PROCEDURE; PRO-
VIDING FOR POWERS OF THE BOARD; PROVIDING FOR
A FINE, LIEN AND FORECLOSURE OF BOARD IMPOSED
FINES; PROVIDING FOR APPEAL; PROVIDING FOR
NOTICE PROCEDURE; PROVIDING DEFINITIONS; PRO-
VIDING FOR SEPARABILITY OF PROVISIONS; PROVIDING
FOR NOTICE OF PROPOSED ENACTMENT AND PROVIDING
FOR EFFECTIVE DATE.
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SEE ORDINANCE
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WHEREAS, the Legislature of the State of Florida, during the 1980
Legislative Sesbion, passed legislation CS/HB 203 enabling municipalities
to create a Code Enforcement Board within the municipality; and
WHEREAS, creation of such a Board in Clearwater, Florida, will
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provide a civil administrative remedy to enforce the technical codes
presently in force in Clearwater;. i
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
COMMISSION OF THE CITY OF CLEARWATER, FLORIDA:
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Section 1. Chapter 2, Administration of the Code of Ordinances of
the City of Clearwater, Florida, 1962, is hereby amended by enacting a new
Article IX, Clearwater Municipal Code Enforcement Board, to read as follows:
ARTICLE IX. CLEARWATER MUNICIPAL CODE
ENFORCEMENT BOARD,
Section 2-133. Creation and membership.
There is hereby created within the City of Clearwater a
Clearwater Code Enforcement Board which shall be composed
of six (6) members, all of whom shall be residents of the
City of Clearwater, Florida.
Section 2-134. Function, Appointment and Term of Office.
The Clearwater Code Enforcement Board shall have the
purpose of conducting hearings relating to the enforcement
of the occupational licenses, fire, building, zoning, sign
and other related technical codes presently in force in the
City of Clearwater, Florida,
Appointments to the Code Enforcement Board shall be made by
the City Commission, and appointment of a majority of the
membership shall be made on the basis of experience or interest in
the fields of zoning, building, and development control.
The initial terms of members of the Board shall be as follows:
(a) two members shall be appointed for a term of one (1) year;
(b) two members shall be appointed for a term of two (Z) years;
and (c) two members shall be appointed for a term of three (3)
years. '
Thereafter, appointments shall be for a term of three (3) years.
Members may be re-appointed upon the concurrence of the City
Commission. Appointment to fill any vacancy on the Board
shall be for the remainder of the unexpired term of office.
Ord,* '02169
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8/21/80
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Se 2•.135. Attendance, and removal from office. 11_'
Any member of the Board who fails to attend two out of three
st+ccessive meetings without cause and without prior approval of
..
the Chairman of the Board shall automatically forfeit such ap-
pointment and the City Commission shall promptly fill such vacant
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The members of the Board shall serve subject to the provisions
of Section 2-68 of the Clearwater Code of Ordinances relating
to attendance at meetings.
Section 2..136. Organization and expenses.
At the first meeting of the Board the members shall elect one
of the members to be Chairman. The person so elected shall
function as Chairman for a one (1) year term.
Four, or more members of the Board present at any meeting
shall constitute a quorum in order for the Board to conduct its
business. Members of the Board shall serve without compensation
but shall be entitled to be reimbursed for such mileage expenses
and per diem expenses as the City Commission shall by ordinance
authorize.
Section 2-137. Enforcement procedure.
Except where the inspector charged with enforcing a particular
technical code identified herein has reason to believe that a code
violation presents a serious threat to the public health, safety
and welfare, the code enforcement procedure under this Article
shall be as follows:
(1) It shall be the duty of the Code Inspector to initiate enforcement
proceedings with respect to each technical code.
(Z) Where the Code Inspector finds or is made aware of a code
violation, the Code Inspector shall notify the violator and
such notice of violation shall provide a time within which to
correct the violation. Should the violation continue beyond
the time specified in the correction notice, then., the Code
Inspector shall notify the Code Enforcement Board and request
a hearing pursuant to Section Z. 138 and Section Z-139 of the
Clearwater Code of Ordinances. Notice of such hearing
request shall be provided to the violator in the manner provided
by Section Z? 142 of the Clearwater Code of Ordinances.
(3) If the Code Inspector has reason to believe a violation presents
a serious threat to the public health, safety and welfare, the Code
Inspector may proceed to request a hearing pursuant to Section
2-138 of the Clearwater Code of Ordinances without notifying
the violator.
Section 2.138. Hearing procedures.
(1) The Chairman of the Code Enforcement Board may call
Enforcement Board hearings and such hearings may also
be called by a written notice signed by three (3) members
of the Board. The Code Enforcement Board may at any
hearing set a future hearing date.
(2) The Board shall convene at least once every two (2) months,
but may convene more often as the case demand dictates.
Ord.- .12169 Z 8/21/80
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(3) Minutes shall be kept of all hearings held by the Enforcement
Board and all such hearings shall be open to the public.
(4) The City Commission shali provide clerical and administrative
personnel as may be required to assist the Board in the proper
performance of its duties.
(5) Each case before the Enforcement Board shall be presented
either by the City Attorney or his assistant or by a member
of the City of Clearwater Administrative Staff.
(6) Cases agendaed for a particular day shall be heard. All
testimony shall be under oath and shall be recorded. The
Board shall take testimony from the Code Inspector, the
violator and any other person familiar with the case or
having knowledge about the case. The Board shall not be
bound by formal rules of evidence; however, it shall act to
insure fundamental due process in each of its hearing cases,
(?) At the conclusion of each hearing the Enforcement Board shall
issue findings of fact and conclusions of law and its order
shall provide relief consistent with Section 2-139. Each
finding shall be by motion approved by a majority of those
present and voting. In order for a finding to be official at
least three (3) members of the Board must vote for the action.
Section 2-139. Powers of the Code Enforcement Board.
The Clearwater Code Enforcement Board shall have the
power to;
(1) Adopt rules for the conduct of the hearings it holds
pursuant to Section 2-138 of the Code of Clearwater Code
of Ordinances.
(Z) Subpoena alleged violators and witnesses to its hearings. Such
subpoenas may be served by the City's Police Department.
(3) Subpoena evidence.
(4) Take testimony under oath.
(5) Issue orders following a hearing, which orders shall have
the force of law and which orders shall set forth the steps
necessary to be accomplished in order to bring a violation into
compliance with the technical code that has been violated.
Section 2-140. Fine, lien and foreclosure.
(a) Upon being notified by the Code Inspector that the order
issued pursuant to Section 2-139 of the Clearwater Code of
Ordinances has not been complied with within the time
established in such order, the Code Enforcement Board may
order the violator to pay a fine to the City of Clearwater not
to exceed $500 per day that the violation continues past the
compliance date established in its order.
(b) A certified copy of an order imposing the fine provided for
herein may be recorded in the Public Records of Pinellas
County, Florida, and thereafter such order shall constitute
a lien.
Ord. #2169 8/21/80
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(c) One year from the filing of any such lien which remains
unp}?i•d, the Enforcement Board may authorize the City
Attorney to foreclose on such lien in the manner provided
by statute for the foreclosure of other municipal liens.
• Appeal.
Section Z-141
Any aggrieved party may appeal a ruling or order of the
Clearwater Code Enforcement Board by certiorari in the
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Circuit Court of Pinellas County. The appeal provided for
herein shall be filed within thirty (30) days of the execution of
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the order to be appealed.
Section 2-142. Notices.
All notices required to be provided by this ordinance shall be
by certified mail, return receipt requested, or by hand delivery
of the Code Inspector.
Section 2-143. Definitions.
(1) City Commission - The legislative body of the City of
Clearwater, Florida.
(2) Code Inspector - Those authorized agents or employees of
the City of Clearwater whose duty it is to insure code
compliance with the technical codes which are subject to
this Article.
(3) Enforcement Board - The City of Clearwater Code Enforcement
Board created pursuant to Part V of Chapter 166, Florida Statutes.
Section 2. Should any section, paragraph, sentence or word of this
ordinance be declared for any reason 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 3. 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 4. With the exception of Section 1 which shall take effect October 1,
1980, this ordinance shall take effect immediately upon its passage.
PASSED ON FIRST READING August ?, 1980
PASSED ON SECOND AND FINAL
READING AND ADOPTED _ August 21, 1980 AS-AMENDED
Attest:
City Clerk
Ord. #2169
Mayor-Commissioner
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8/21/80
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