8431-13ORDINANCE NO. 8431-13
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING DIVISION 4, CODE ENFORCEMENT BOARD,
CLEARWATER DEVELOPMENT CODE, CLARIFYING THE
POWERS AND DUTIES THE CODE ENFORCEMENT BOARD
MAY PERFORM ON BEHALF OF THE CITY OF CLEARWATER;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, amendments to Section 316.0083, Florida Statutes, contained in
House Bill 7125, provide the registered owner of the motor vehicle or the person in
physical control of the motor vehicle at the time the motor vehicle failed to stop at a red
light being monitored by a "traffic infraction detector" with the option of requesting a
hearing before a "local hearing officer" to contest a notice of violation issued pursuant to
Section 316.0083, Florida Statutes; and
WHEREAS, Section 316.0083, Florida Statutes, requires the municipality issuing
the notice of violation to designate a "local hearing officer" as defined in Section
316.003(91), Florida Statutes, for the purpose of conducting a hearing pursuant to
Section 316.0083; and
WHEREAS, Section 316.003(91), Florida Statutes, authorizes a municipality to
use its currently appointed code enforcement board as the "local hearing officer"; and
WHEREAS, this ordinance shall clarify the powers and duties of the City's
Municipal Code Enforcement Board to allow it to hear, as "a local hearing officer," not
only violations based upon the Clearwater Development Code, but also the Clearwater
Code of Ordinances and Florida State Statutes, where applicable.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF CLEARWATER, FLORIDA:
Section 1. That Division 4, Code Enforcement Board, Section 5-401 be amended
by adding the underlined language as follows:
Section 5-401. - Powers and duties.
There is hereby created a code enforcement board for the city to perform the
following powers and duties:
POWERS & DUTIES
APPLICABLE
PROCEDURES
Conduct hearings in regard to violations of this Development Code, the
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Clearwater Code of Ordinances, and Florida Statutes, where
applicable
Ordinance No. 8431 -13
Adopt rules for the conduct of its meetings
Issue subpoenas to alleged violators and witnesses
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Subpoena evidence to its hearings
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Take testimony under oath
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Issue orders following a hearing regarding a violation of this
Development Code, the Clearwater Code of Ordinances, and Florida
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Statutes, where applicable
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
June 6, 2013
PASSED ON SECOND AND FINAL June 19, 2013
READING AND ADOPTED
Camilo A. Soto
Assistant City Attorney
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George N. Cretekos
Mayor
Attest:
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Rosemarie Call
City Clerk
Ordinance No. 8431 -13