2876-82,
_vY;%..._....r..,.vF":.w".:??Lt'r7....,:`a?'.!?'?'p?-"?:'3.?-?e.L?.....i.!4_.n..r,?4?.y?et.''s•i ?'?)i?'?`:":i?T??_?Q,`F:._ ??;3c_.. ?.a=. .N?.:`?y?:.°t.'S.'1'e}?i..•.•_'?'.'lti?...'t?ekrii??1?:'?y.?.i's. r:•
*:' i. s?++N`t,,rd sa""'•;.F!!'".MN"?p}'4°twil.T,oi?f!7,1'!!,"',yw:r.t?C-W1'.°?j'?7YX+gh1?7+k'.`:,: ?fb'''°? ?Yr ._.?`?,,.arly,j=?;,'Y?Iw
!."
II
E?
.
F it f
ORDINANCE NO, 2876-82 }w ?ws t'
AN ORDINANCE OF THE CITY OF CLEARWATER
FLORIDA, AMENDING SECTIONS 22. 60, 22.61, 22.65,
22.67 AND 22.68 OF ARTICLE V, MUNICIPAL CODE
ENFORCEMENT BOARD, OF CHAPTER 22, APPOINTIVE
BOARDS AND COMMITTEES, OF TITLE II, ADMINISTRATION, ;
OF THE CODE OF ORDINANCES, CITY OF CLEARWATER,
TO PROVIDE FOR A SEVEN MEMBER BOARD; PRO- =` "'" ?'
VIDING FOR THE TERM OF OFFICE OF A SEVEN
MEMBER BOARD; PROVIDING CLARIFICATION OF '
CODES TO BE ENFORCED; PROVIDING THAT FOR '
FINAL ORDER TO BE EFFECTIVE FOUR OF MEMBERS r. a
MUST VOTE; PROVIDING FOR A FINE OF UP TO
$250.00 A DAY; PROVIDING FOR A LIEN AND LEVY
AGAINST REAL AND PERSONAL PROPERTY OF : ???:?;?.F?e??;.•,,:,.:..,
VIOLATOR; PROVIDING FOR A DIRECT APPEAL; 1s''^":``j x.. •?`y'
PROVIDING FOR SEPARABILITY OF THE PROVISIONS; +`" eta"??i` }
PROVIDING FOR REPEAL OF ORDINANCES OR PARTS
OF ORDINANCES IN CONFLICT HEREWITH; AND
PROVIDING FOR AN EFFECTIVE DATE
• y'.1rl??f l? ? .h
f v1 aT? i?r.. ?? _
WHEREAS, the State Legislature in its 1982 Session made several
changes to the general statutes governing Code Enforcement Boards; and
WHEREAS, it is necessary to revise current sections of the Code
of Ordinances to take into consideration such revisions; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: oil,
Section 1. That Section 22. 60, Creation and membership, of
Article V, Municipal Code Enforcement Board, of Chapter 22, Appointive
Boards and Committees, of Title II, Administration, of the Code of Ordinances,
City of Clearwater, be and the same is hereby amended to read as follows:
Sec. 22.60. Creation and membership.
Y'. }
There is hereby created within the city a Clearwater Code
Enforcement Board which shall be composed of'sk*46}
seven 7 members, all of whom shall be residents of the '
city.
Section 2. That subparagraphs (a), (c) and (d) of Section 22.
Function, appointment and term of office, of Article V, Municipal Code
Enforcement Board, of Chapter 22, Appointive Boards and Committees, of
Title II, Administration, of the Code of Ordinances, City of Clearwater, be
and the same are hereby amended to read as follows:
a,? a H ?+t?.ww•9±34x?!R"'!?!?!it+-'t'K' ?'"y7M?rC 'q:,"t1Y'e*'rif•?+i4'?'7'?°'' n'_-, +r.. '. ..f,?;; 1 ?;, .,., ??,. r
d :?a„R,tw _ .. "} a •'!_._a'
t?"'?z•
t' ;1 's i`?'r-s ? 's :a?'?'.?'. ? ... +•?a3h..; 1'.'q V?;,- e ?f:t-• }',•e'?'x•,..?it"l',. `2'?"?'; n t." ?3?+r
?i ?.? ':G ..,? r.' ' ?? .i, ?''jT.? '? ?. .?, :tl; 't i" ,,,or ,t? 3 ?la t.' f?•` 5•..
?•,? .?,, :. .:rs'? •?? { -?},`r'C.?'. f=`._;'iS., ^[?Y, h' ?,,+,?:41?- J•n'kF?,! ?.???•?,
%? ? r t ? :"? F(?' kti ?'-,•?a ii r.:?'t? '.3 5? Xr-: i•"` " i.,..tt ?,?<<, y;.es F, sn-
-+3' ? 1. ?:i'? ?1.i?t? ,??.'? ?! 9?'1 ?':' ?'a`.;'.c'k F, c'.1s:'•?.. .k?: ?. ?`?:,?.?.-^;-s ?i?^; 1??-??? .•ri• h,. .z.
4ti? F; '.t ?,x ?? f?:< ,?F. .'t•s•s?t'?`.'';• P,•ri i'p" ?.?.;,i ?.?F; ??l,?f; tR ..
?,. "J' ?? °?'?A S^V"? tES Jfdi?`..if•7??y''?g?? y,1tf`„t 1? Y {y.., i.,;,? l?` ir.l?3??•f.ti?i'S? j?'!
?. ,t ?3,1; y=ti?`>' ?. •;t J:?- sr_tt .°`:?. ?t s?? a ? '?,,d?'?'""?S. ?v,
'?? ? 'kx ''•x`¢71 ?. S ti?'wr? ?" i •r''."'?+? ) ?"G1?l,u? •,'.,?,
'? _ •?? ..S ?. 3.?'t...nn???, `Y? ''?Y .?. i.r:?lf... •S4i•r:.•Iw?, r r+:.'L_?t rr.,? •ue '+1
err
,.
Mr
Sec, 22.61. Function, appointment and term of office ? %?.'f4
(a) The Clearwater Code Enforcement Board shall have
the purpose of conducting hearings relating to the
o•eeaxpf+tier:al-l?lseaees?-ftre?-bt?#ldEng.
enforcement of
ae:a1n,-age-a 4,iAher-a?&laAed technical codes presenil-5- .'
in force in sho-4Aty Clearwater, iincluding, but not
limited to occupational license, fire, buildinrgL zoning
and sign cod2s.
(c) The initial terms of members of the board shall be
as follows: Two (2) members shall be appointed for '
a term of one year; two-(•7.) three 3 members shall
be appointed for a term of two years; and two (2)
members shall be apointed for a term of three (3)
years.
!-'k
(d) Thereafter, appoints shall be for a term of three (3)
years. Members may be reappointed for one successive
term upon the concurrence of the city commission.
?i Appointments to fill any vacan-ay on the board shall be
s for the remainder of the unexpired term of office.
Section 3. That subparagraph (g) of Section 22.65, Hearing
procedures, of Article V, Municipal Code Enforcement Board, of Chapter 22,
Appointive Boards and Committees, of Title II, Administration, of the Code
of Ordinances, City of Clearwater, be and the same is hereby amended to
read as follows:
Sec. 22.65. Hearing procedures.
(g) 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 22.66. Each finding shall be by motion approved
by a majority of those present and voting. In order for
a-an action i?ndin to be official, at least fl*re-e 43}
four (4 ).members of the board must vote for the action.
Section 4. That subparagraphs (a) and (b) of Section 22. 67, Fine,
lien and foreclosure, of Article V, Municipal Code Enforcement Board, of
Chapter 22, Appointive Boards and Committees, of Title II, Administration,
of the Code of Ordinances, City of Clearwater, be and the same are hereby
amended to read as follows:
Sec. 22.67. Fine, lien and foreclosure.
(a) Upon being notified by the code inspector that the order
issued pursuant to section 22.66 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 not to exceed
fi.httsdt?ed-dollars-(, two hundred and fifty dollars
250.00 per day that the violation continues past the
compliance date established in its order.
- 2-
' Qxrd. 2876-82
?1{?,8t82
e
t . F
.....7,r,?S?^,•.??t*,ri.y?.?'???r ?'r •a!14`e.q? :
' ? ??.1 ,. ; :•. ?{.> .!',5- i? ?`?'74!?7...4;rC,f7rf:SnsveN?A.G rw?•.1r??:SRk d,.,,.?
?:.???.y,?,L;. is'.... 'y.i '" ::??!x?.g,, ,?•?ry:.r+.t• .;sue. t; .,,?•a. ::y , .i ,',. c?.,,?:t ,;?'i' V ?. ??;j-mo'`'t;; `??y'B';• '•x,:..,?,;?:a?jsj`:4:.?;?,':.?y.} . +
•`?;. }{.,jl:"u tf; J'?!}rs?f.$•?.*? E oaf',.:; ?..i':{ri:'?: ? `?=?'?i r?
1/
+ . a
n
0
(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 against the land on
which the violation exists or if the violator does not
own the land, _upon any other real or 2ersonal property
owned by the violator, and ma be cnforced?in the
same manner as a court judgment by the sheriffs
of this State, including levy against the personal
property. but shall not be de_erned otherwise to be
a judgment of a. court except for enforcement purposes.
Section 5. That Section 22. 68, Appeal, of Article V, Municipal
Code Enforcement Board, of Chapter 22, Appointive Boards and Committees,
of Title II, Administration, of the Code of Ordinances, City of Clearwater,
be and the same is hereby amended to read as follows:
Sec, 22.68. Appeal.
An aggrieved party, including the local governing body, may
appeal a final administrative rt?liRg-o-? order of the Clearwater
Code Enforcement hy-e3&i&tierari in the circuit court of the county.
The appeal provided for herein shall be filed within thirty (30)
days of the execution of the order to be appealed.
Section 6. 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 7. All ordinances or parts of ordinances in conflict herewith
are to the extent of such conflict hereby repealed.
Section 8. 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 9. The provisions of this ordinance shall take effect
immediately upon its passage,
PASSED ON FIRST READING November 4, 1982
PASSED ON SECOND AND FINAL
READING AND ADOPTED tuber 18, 19
A test:
City Clerk
7
ZA*W
Mayor-Commissioner
-3-
1/1.8/82
Xi
F
is