2835-821
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BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. That Section 112. 27 Prohibition of Chapter 112, Street
and Sidewalk Construction, of Title IX, Streets, Sidewalks and other Public
Places, of the Code of Ordinances, City of Clearwater, be and the same is
hereby amended and supplemented by the addition of a new subparagraph (b)
to read as follows:
Section 112. 27. Prohibition.
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ORDINANCE NO. 2835-82
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA
AMENDING SECTION 112. 27 PROHIBITION OF CHAPTER
112 STREET AND SIDEWALK CONSTRUCTION OF TITLE IX
STREETS, SIDEWALKS AND 07H ER PUBLIC PLACES
OF THE CODE OF ORDINANCES, CITY OF CLEARWATER,
PROVIDING A NEW SUBPARAGRAPH RELATING TO FOR-
FEITURE OF PROPERTY WHICH HAS BEEN REMOVED
FROM THE RIGHT-OF- WAY AND NOT CLAIMED AFTER
NOTICE; 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.
(1) No person shall erect, locate, leave or post any billboard,
sign, advertising structure, light or advertisement within
the limits of the right-of-way of any road or street or on
any sidewalk located within the corporate limits of the City
of Clearwater, Florida.
(2) No person shall erect, place, park or locate any structure,
game, vehicle, boat, construction materials, motorcycle,
bicycle, display materials, merchandise or similar object
within the limits of any street, road, right-of-way or median
located within the corporate limits of the City of Clearwater,
Florida.
(3) The Director of the Department of Public Works shall have
the authority to cause each item determined to be in violation
of paragraphs one(1) and two (2) to be removed after first
notifying the owner, if the owner can be found. The notice
shall be given to the owner or person responsible for the
item at least twenty-four (24) hours before the item is
removed. The notice shall provide the section or sections
of the Code being violated and shall inform* the owner or
person responsible to remove the item or show cause prior
to the expiration of the twenty-four (24) hour period why
the item should not be removed. Where the owner cannot
be found, the Director shall post the notice described herein
on the item scheduled to be removed at least thirty-six (36)
hours prior to its removal. As defined herein, "cause" shall
mean a permit or other written permission granted by the
City of Clearwater. Where the Director removes the item
identified in paragraphs one (1) and two (2), the owner of
such object may recover the same upon paying a removal and
storage charge not to exceed Twenty-Five Dollars ($25. 00).
Ord28.35-82
10/21.182
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(4) The provisions of paragraph one (1) shall not apply with
respect to any bench containing advertising matter where '
the City has previously granted written permission to
place the advertising matter on such bench. i °' .•<'`, r :.
(5) The provisions of paragraph two (2) shall not apply to
any vehicle parked on right-of-way by reason of the
zoning attached to the adjoining property and permission
previously granted to occupy such right-of-way.
L6)-. Property which has been removed from the right-of-way ; ;`c'.-a;:,;Tu7"'•"`?
in accordance with the provisions of this section including
the notice provisions and whichlas not been reclaimed by
the owner set forth on the notice within thirty (30) days of
the date of the notice shall be considered abandoned
?t.e e 1 s;
prolaertyr. The.rnunicipalitir shall have the right to use
or dispose of such property. Funds collected from disposal
shall be applied against all costs incurred by the City in
removing such property from the right-of-way.
The notice provided for in subparagraph (3 ) in addition
to the other requirements shall contain a warning that
such ro er will be considered as abandoned property i
not claimed within thirty (30) days of date of notice.
Section 2. Should any part or provision of this ordinance be declared
by a court of competent juriRdiction 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 pants 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 166. 041, Florida Statutes.
Section 5. The provisions of this ordinance shall take effect
immediately upon its passage.
PASSED ON FIRST READING October 7, 1982
PASSED ON SECOND AND FINAL
READING AND ADOPTED October 21, 1982
Pr-1 /'n'rm Al 171( M -rz
o - ommissioner
Attest;
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City Clerk. ,
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Ord 2835-82
10121/82