2776-82
t
i
t?
a
+:y«1Yti3
_
ORDINANCE NO. Z776-8g
AN ORDINANCE OF THE CI'T'Y OF CLEARWATER, FLORIDA,
AMENDING SECTION 95.07, NOTICE OF VIOLATION AND
HEARING, OF CHAPTER 95, LOT CLEARING, OF THE CODE
OF ORDINANCES, CITY OF CLEARWATER, TO CLARIFY
THE NOTICE PROVISIONS AND CONTENTS OF SAME THAT
WILL BE PROVIDED PROPERTY OWNER; PROVIDING
FOR THE REPEAL OF ORDINANCES OR PARTS OF ORDI-
NANCES IN CONFLICT HEREWITH; PROVIDING FOR THE
SEPARABILITY OF THE PROVISIONS HEREOF; PROVIDING
FOR PROPER NOTICE OF PROPOSED ENACTMENT; AND
PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE.
WHEREAS, it is necessary to amend Section 95.07 of the Code of
Ordinances in order to better clarify the procedure that the City Clerk's
office will utilize to provide notice to the property owner;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
COMMISSION OF THE CITY OF CLEARWATER, FLORIDA:
Section 1. That Section 95.07, Notice of violation and hearing, of
Chapter 95, Lot Clearing, of the Code of Ordinances, City of Clearwater,
be and the same is hereby amended to read as follows:
"Section 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,
and failing to obtain voluntary compliance by the owner with
this chapter, or upon field inspection by the is}apeotc?n€o-ntr
t•saritatt?iex-clivaeicsrt sanitation inspector and upon failing
to obtain voluntary compliance, the City Clerk shall make
written demand by registered or certified mail, return receipt
requested, directed to the property owner as shown on the
current tax roll of the county, notifying such property owner
that if the property is not cleared within ten (10) days from
the date of receipt by the owner of such demand, that a hearing
before the City Commission will be held to authorize clearance
of the property by the City. Such notification shall include
the time, date and place at which the hearing will be held, and
an average estimate of the cost to clear the property which
would be incurred by the City plus the administrative charge.
In the event that such notice is returned by postal authorities,
the sanita4or*-kvt9-ien-City Clerk shall cause a copy of the notice
to be served by its agent upon the occupant of the property or
upon any agent of the owner thereof. In the event that personal
service upon the occupant of the property or upon any agent of
the owner thereof cannot be performed after reasonable search
by the agent of the sanitation divis-ionrCi!?L the notice shall be
accomplished by physical posting on the property involved. The
hearing shall be held not4ess-thaw-€i-ftoe•r}{45?-daaps within 45 days
after receipt by the affected property owner of the notice provided
herein. "
-I-
Ord 2776=82
8/.5/82
A
1
•f
`,j
O
(2)
Section 2. All ordinances or parts of ordinances in conflict herewith
are to the extent of such conflict hereby repealed.
Section 3. Should any part or 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 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 shall take effect
immediately upon its passage.
PASSED ON FIRST READING July 15, 1982 _
PASSED. ON SECOND AND FINAL
READING AND ADOPTED August 5, 1982
ayor-Commissioner
A eat:
City Clerk
.r +?F
8/582 rcI, 27.6-82
x< i.
in