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ORDINANCE NO. 2752-82
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING CHAPTER 95, LOT CLEARING, OF TITLE VIII,
PUBLIC HEALTH AND SAFETY, OF THE CODE OF ORDI-
NANCES, CITY OF CLEARWATER, TO PROVIDE FOR THE
ADOPTION AND INCORPORATION OF SECTION 705.16,
FLORIDA STATUTES, AS THE PROCEDURE TO BE
UTILIZED IN THE REMOVAL OF ABANDONED PROPERTY;
PROVIDING FOR THE SEPARABILITY OF THE PROVISIONS
HEREOF; PROVIDING FOR THE REPEAL OF ORDINANCES
OR PARTS OF ORDINANCES IN CONFLICT HEREWITH;
PROVIDING 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." That Section 95. 04, Prohibitions, of Chapter 95,
Lot Clearing, of Title VIII, Public Health and Safety, of the Code of
Ordinances, City of Clearwater, be and the same is hereby amended to
read as follows:
Sec. 95.04. Prohibitions--removal of abandoned pr24e-rty.
(a) No person shall permit the excessive growth or
accumulation of weeds or other similar plant materials,
or the accumulation of debris, which is unattended and
which creates a haven and breeding place for snakes,
rats, rodents or other vermin of similar kind and
character or which furnishes a breeding place for
mosquitoes or which creates a fire hazard endangering
nearby structures or other flammable materials, upon
property situated in the incorporated territorial limits
of the city.
(b) No person shall permit the excessive growth or
accumulation of plant material or the accumulation of
debris or other similar meterial upon property situated
on street right-of-way in the incorporated limits of the city.
(c) Any owner or lessee of developed property who removes
or has removed from the property any hedges, tree trimmings,
boxes or other household items, erhall have the same cut
into lengths no longer than four (4) feet and deposited at
the edge of the street in front of the property for regular
pick up by city sanitation trucks of the city on their regular
days of pick up. Should the city refuse to pick up household
items such as mattresses, pieces of furniture, old
refrigerators, which are too large to place into city
sanitation trucks, it will be the responsibility of the property
owner or lessee to have an outside company or organization
remove said items within ten (10) days or such owner or
lessee will be issued a citation by the sanitation division
of.' the city for allowing such material to cause a nuisance
to the general neighborhood.
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5, 16_ (7),_ Florida Statutes, the
tion are hereby adopted by
reference and shall constitute the provisions that
will apply, in. the removal of abandoned property from
2ublic and rivate ra ert exce t ri hts-of-way, in
the City of Clearwater. The term "abandoned property"
shall have that meaning as sot forth in Section 705. 1 ( )
lorida Statutes. The term"debris" as?defined in
action 5.03 and the term "abandoned ro orty" as
defined herein shall be construed as being mutually
exclusive.
The procedure incorporated by this subparagraph to
be utilized in remoying?abadoned 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 responsibility of enforcing the rovisions of
Section 705. lb Florida Statutes.
Section 2. Should any part br 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 3. All ordinances or parts of ordinances in conflict herewith
are to the extent of such conflict hereby repealed.
Section 4. Notice of the proposed enactment of this ordinance has
been properly advertised in a newspaper of general circulation in accordance
with Section lbs. 041, Florida Statutes.
Section 5.
T The provisions of this ordinance shall take effect
immediately upon its passage.
PASSED ON FIRST READING June 3, 1982
PASSED ON SECOND AND FINAL
READING AND ADOPTED
AS AMENDED June 17, 1982
J
Mayor- Commissioner
Attest:
0?a cl. L
City Clerk
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