9228-19ORDINANCE NO. 9228-19
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING SECTION 7-102 OF THE COMMUNITY
DEVELOPMENT CODE TO MODIFY THE NOTICE AND
HEARING PROCEDURES FOR NUISANCE CODE
ENFORCEMENT CASES; RE -ADOPTING AND RE -AFFIRMING
THE PORTION OF ORDINANCE NO. 6526-00 THAT AMENDED
SECTION 7-103(B) OF THE COMMUNITY DEVELOPMENT
CODE AND AUTHORIZED THE CODE ENFORCEMENT BOARD
OR SPECIAL MASTER TO IMPOSE FINES GREATER THAN THE
LIMITS PREVIOUSLY ALLOWED BY LAW; AMENDING SECTION
7-103(E) OF THE COMMUNITY DEVELOPMENT CODE TO
PERMIT THE MUNICIPAL CODE ENFORCEMENT BOARD TO
ISSUE ORDERS RELATED TO NUISANCE CODE
ENFORCEMENT CASES; AMENDING SECTION 7-103(H) OF
THE COMMUNITY DEVELOPMENT CODE TO PROVIDE FOR
ONE OR MORE SPECIAL MAGISTRATES TO EXERCISE THE
POWERS AS PROVIDED IN THIS SECTION AND STATE LAW
RELATED TO CODE ENFORCEMENT AND TO PROVIDE FOR
AN APPEALS PROCESS TO CONTEST A CITATION, WHICH
INCLUDES THE ASSESSMENT OF ADMINISTRATIVE
CHARGES AND CIVIL CITATION PENALTIES; AMENDING
SECTION 8-102 OF THE COMMUNITY DEVELOPMENT CODE
TO DEFINE THE TERM "IRREPARABLE OR IRREVERSIBLE
VIOLATION"; CREATING APPENDIX A, SECTION XX, "CIVIL
CITATION PENALTIES"; PROVIDING FOR SEVERABILITY; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater adopted a new Community Development
Code on January 21, 1999 which took effect on March 8, 1999; and
WHEREAS, the City of Clearwater desires to modify the notice and hearing
procedures for nuisance code enforcement cases; and
WHEREAS, the City of Clearwater, via Ordinance No. 6526-00, made
comprehensive amendments to the Community Development Code on June 15, 2000;
and
WHEREAS, one of the amendments to the Community Development Code
adopted by the City of Clearwater on June 15, 2000, amended Section 7-103 and
authorized the code enforcement board or special master to impose fines greater than
the limits previously allowed by law; and
WHEREAS, Section 162.09(d), Florida Statutes expressly permits a municipality
with a population greater than 50,000 to adopt, by a vote of at least a majority plus one
of the entire governing body, an ordinance authorizing the code enforcement board or
special master to impose such fines; and
WHEREAS, it appears from the minutes of the June 15, 2000, City Commission
meeting that Ordinance No. 6526-00 was adopted by a vote of three "Ayes," one "Nay,"
and one "Absent"; and
WHEREAS, the City of Clearwater has determined that it is necessary to ensure
that the amendment to Section 7-103 of the Community Development Code is passed
in a matter that comports with Section 162.09(d), Florida Statutes; and
WHEREAS, effective code enforcement is essential to the health, safety and
welfare of the City of Clearwater; and
WHEREAS, Florida Statutes, Chapter 162 provides the City with the powers to
create multiple Code Enforcement Boards or Special Magistrates with the powers to
enforce the City Code; and
WHEREAS, Florida Statutes, Chapter 162 provides that the City may regulate and
create any supplemental methods in which to enforce its municipal regulations, ordinances
and codes; and
WHEREAS, Florida Statutes, Chapter 162 provides that the City may regulate and
create any supplemental methods in which to enforce its municipal regulations, ordinances
and codes; and
WHEREAS, the City has a compelling interest in expediting code compliance; and
WHEREAS, the purpose of allowing the Municipal Code Enforcement Board to enter
orders declaring that the City has the right to enter onto private property to abate and
maintain nuisances is to effectively and expeditiously enforce City Code; and
WHEREAS, the purpose of a civil citation enforcement program is also to effectively
and expeditiously enforce the City Code; now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Section 7-102 of the Clearwater Community Development Code is
hereby amended to read as follows:
Section 7-102. - Code enforcement board/special master hearing
procedures.
(A)(2). Nuisance cases. Upon completion of a field investigation by a code
enforcement officer and determination that a nuisance exists under Code of Ordinances
2 Ord. No. 9228-19
Section 3-1503, the property shall be posted with a notice advising of the existence and
nature of the violation and requiring compliance within no less than five days and no
more than 10 days after the date of posting or the filing of a notice of app al to the
• _ _ _ . _ . _ - _ _ _ and that if the violation
is not corrected within the time period prescribed, a hearing will be held before the
municipal code enforcement board or special master on a date certain.
cases only, posting of notice shall be deemed legally sufficient to provide notice; tThe
code enforcement officer may shall additionally attempt to obtain personal service open
armor mail notice to the property owner within the five to 10-day period as
contemplated in Section 162.12, Florida Statutes.
(F)(2). Presentation of case. Violations of Section 3-1503, Nuisances, may be
presented as "nuisance cases" or "non -nuisance cases" under this Subsection.
a. Non -nuisance cases. Each case before the special master
or municipal code enforcement board shall be presented on behalf
of the city either by the office of city attorney or by a member of the
city's administrative staff. If the city prevails in prosecuting a case,
the city shall be entitled to recover all costs incurred in prosecuting
the case.
b. Nuisance cases.
Each
case before the special master or municipal code enforcement
board shall be presented on behalf of the city either by the office of
city attorney or by a member of the city's administrative staff. If the
city prevails in prosecuting a case, the city shall be entitled to
recover all costs incurred in prosecuting the case and shall be
entitled to an order as described in Section 7-103(E). If the owner,
agent or representative, fails to appear before the board at the
designated time to present the appeal, then the owner shall be
deemed to have authorized the city to take such remedial action as
is necessary to abate the nuisance including, but not limited to, the
right to enter the property and take action to remedy the condition
without further notice to the owner.
Section 2. The portion of Ordinance No. 6526-00 that amended Section 7-
103, Community Development Code to authorize the code enforcement board or
special master to impose fines greater than the limits previously allowed by law is
hereby re -adopted and re -affirmed by a vote of at least a majority plus one of the City
Council, and Section 7-103(B), Community Development Code is amended to read as
follows:
3 Ord. No. 9228-19
Section 7-103. - Remedies; penalties.
B. Fines. 1. Upon being notified by the code inspector that an order issued by
the special master or municipal code enforcement board has not been complied with
within the time established in such order or upon finding that a repeat violation has
been committed, the special master or municipal code enforcement board shall order
the violator to pay a fine to the city for each day the violation continues past the
compliance date established in its order or, in the case of a repeat violation, for each
day the repeat violation continues, beginning with the date the repeat violation is found
to have occurred by the code inspector. Any fine the special master or municipal code
enforcement board imposes pursuant to this section shall not exceed $250.00 per day
for a first violation or $500.00 per day for a repeat violation. If the municipal code
enforcement board finds a violation to be irreparable or irreversible in nature, it may
impose a fine not to exceed $5,000.00 per violation.
2. A violation of Article 3, Division 3, Adult Use Standards shall be punished by a
fine not to exceed $500.00, or imprisonment for a term not exceeding 60 days, or by
both a fine and imprisonment, as may be imposed by the county court.
3. In determining the amount of the fine, if any, the municipal code enforcement
board or special master shall consider the following factors:
1. The gravity of the violation.
2. Any actions taken by the violator to correct the violation.
3. Any previous violations committed by the violator.
4. The municipal code enforcement board or special master may impose fines in
excess of the limits set forth above. Such fines shall not exceed $1,000.00 per day per
violation for a first violation, $5,000.00 per day per violation for a repeat violation, and
up to $15,000.00 per violation if the municipal code enforcement board or special
master finds the violation to be irreparable or irreversible in nature. In addition to such
fines, the municipal code enforcement board or special master may impose additional
fines to cover all costs incurred by the city in enforcing its codes and all repair costs. In
imposing such excess fines, the municipal code enforcement board or special master
shall consider:
a. The gravity of the violation.
b. Any actions taken by the violator to correct the violation and the effectiveness
of such actions.
c. Any previous violations committed by the violator.
d. Any danger to the public health, safety, and welfare posed by the violation.
4 Ord. No. 9228-19
e. The length of time the violation existed.
f. Whether the violation harmed persons legally on the property such as tenants.
Section 3. Section 7-103(E) of the Clearwater Community Development Code
is hereby amended to read as follows:
Section 7-103. - Remedies; penalties.
(E). Entry and repair/nuisances.
1. Order allowing entry onto the property to abate and maintain the
nuisance.
In the event a nuisance is determined by a code inspector to exist and notice has
been provided as required by 7-102,
and the nuisance continues unabated, of
then the municipal code enforcement board or special master shall
enter an order requiring the violator to abate nuisance within five days of the date of the
order and declaring that if the nuisance has not been abated by such time then the city
has the right to take such remedial action as is necessary to abate and maintain the
nuisance including but not limited to the right to enter the property and have such work
done on behalf of the owner at the owner's cost, including administrative costs, which
shall become a lien against the land on which the violation exists and upon any other
real or personal property owned by the violator as provided in Section 7-103G. Any
order rendered under this subsection shall run with the land once recorded in the
Official Records of Pinellas County, Florida.
2. Declaration of violation.
In the event that a violator abates a nuisance after the date of compliance in the
code inspector's notice but before any hearing before the municipal code enforcement
board or special master, the code inspector may still bring the case before the
municipal code enforcement board or special master for hearing and the municipal
code enforcement board or special master shall thereafter enter a declaration of
violation finding the violator in violation of the city's codes. Any declaration rendered
under this subjection shall run with the land once recorded in the Official Records of
Pinellas County, Florida.
3. Repeat violation.
In the event that a violator commits a repeat violation after either abating a
nuisance after entry of an order by the municipal code enforcement board or special
master as provided Section 7-103(E)(1' or suffering a declaration of violation as
5 Ord. No. 9228-19
provided in Section 7-103(E)(2), the code inspector shall notify the property owner or
the violator and submit the violation to the special master or municipal code
enforcement board for a hearing. At the next available meeting after receipt of the
notice of violation, the special master or municipal code enforcement board shall
conduct a hearing regardless of whether the violation has been corrected, and the
notice shall so state. If it finds that a repeat violation exists or existed, the municipal
code enforcement board or special master shall enter an order declaring that the city
has the right to take such remedial action as is necessary to abate and maintain the
nuisance including but not limited to the right to enter the property and have such work
done on behalf of the owner at the owner's cost, including administrative costs, which
shall become a lien against the land on which the violation exists and upon any other
real or personal property owned by the violator as provided in Section 7-103G even if
the violation has been corrected, and the notice shall so state. Any order rendered
under this subsection shall run with the land once recorded in the Official Records of
Pinellas County, Florida.
Section 4. Section 7-103(H) of the Clearwater Community Development Code
is hereby amended to read as follows:
Section 7-103. - Remedies; penalties.
H. Civil penalty/citation.
1. Prosecution in county court.
As an alternative to the special master and the municipal code enforcement
board, a code enforcement officer may issue a citation for violation of a provision of the
City's Code for prosecution in county court pursuant to Section 1.12 of the City's Code.
A code enforcement officer may issue a notice to appear at any hearing conducted by a
county court if the officer, based upon personal investigation, has reasonable cause to
believe that the person has violated a code or ordinance. A notice to appear means a
written order issued by a code enforcement officer in lieu of physical arrest requiring a
person accused of violating the law to appear in a designated court or governmental
office at a specified date and time. If a person issued a notice to appear under this
section refuses to sign such notice, the code enforcement officer has no authority to
arrest such person. A person convicted of violating a provision of this development
code through the use of this subsection may be ordered to pay a fine, not to exceed
$500.00. Prior to issuing a notice to appear, a code enforcement officer shall provide
written notice to the person that the person has committed a violation of a code or
ordinance and shall establish a reasonable time period within which the person must
correct the violation. Such time period shall be no fewer than five days and no more
than 30 days. If, upon personal investigation, a code enforcement officer finds that the
person has not corrected the violation within the prescribed time period, a code
enforcement officer may issue a notice to appear to the person who has committed the
violation. A code enforcement officer is not required to provide the person with a
reasonable time period to correct the violation prior to issuing a notice to appear and
6 Ord. No. 9228-19
may immediately issue a notice to appear if a repeat violation is found, or if the code
enforcement officer has reason to believe that the violation presents a serious threat to
the public health, safety, or welfare or that the violator is engaged in violations of an
itinerant or transient nature, as defined in Section 8-102, or if the violation is irreparable
or irreversible.
2. Civil citation.
a. Authority.
i) This section has been enacted pursuant to the Home
Rule powers of the City and authority of F.S. Ch. 162,
as a supplemental method of enforcing certain sections
of the codes and ordinances of the City and is enacted
to protect the public health, safety, and welfare.
ii) Nothing in this section shall be construed to prohibit the
City from enforcing its codes and ordinances by any
other means including, but not limited to: a summons; a
notice to appear in the county or circuit court; an arrest;
an action before the Municipal Code Enforcement
Board; a civil action for injunctive relief; a stop work
order; a demolition order, or any other method of
enforcement.
b. Applicability. The provisions of this section shall apply to all
violations of the Clearwater Code of Ordinances and the
Clearwater Community Development Code and includes any
ordinance of the City which is not specifically set forth therein.
These codes and ordinances shall be collectively referred to
as "the City Code" for purposes of this section.
c. Enforcement procedures.
i) A code enforcement inspector is authorized to issue a
citation to a person when, based upon personal
investigation, the inspector has reasonable cause to
believe that the person is in violation of the City Code.
The citation shall contain:
(a) The date and time of issuance.
(b) The name and address of the person to whom
the citation is issued.
7 Ord. No. 9228-19
(c) The date and time the civil infraction was
committed, or observed to exist, or identified
by the code enforcement inspector.
(d) The facts constituting reasonable cause.
(e) The number or section of the code or
ordinance violated.
(f) The name and title of the code enforcement
inspector.
(q) The procedure for the person to follow in order
to pay the civil penalty or to contest the
citation.
(h) The applicable civil penalty if the person elects
not to contest the citation.
(i) The applicable civil penalty if the person elects
to contest the citation.
(j) The time period in which an appeal must be
requested and the location where such request
may be made.
(k) A conspicuous statement that if the person
fails to pay the civil penalty within the time
allowed, or fails to request a Special
Magistrate appeal hearing to contest the
citation, that person shall be deemed to have
waived their right to contest the citation and
that, in such case, an order of the Special
Magistrate may be entered against that person
for the amount of the civil citation.
ii) Prior to issuing a citation, a code enforcement inspector
shall provide written notice to the person that the
person has committed a violation of the City Code and
shall establish a reasonable time period within which
the person must correct the violation. Such time period
shall be no less than 5 days and no more than 30 days.
If, upon personal investigation, a code enforcement
inspector finds that the person has not corrected the
violation within the given time period, a code
8 Ord. No. 9228-19
enforcement inspector may issue a citation to the
person who has committed the violation.
iii) A code enforcement inspector does not have to provide
the person with a reasonable time period to correct the
violation prior to issuing a citation and may immediately
issue that citation if a code enforcement inspector has
reason to believe that the violation:
(a) Is a repeat violation; or
(b) Presents a serious threat to the public health,
safety, or welfare; or
(c) Is irreparable or irreversible; or
(d) Is itinerant or transient nature.
iv) Each violation of the City Code shall be a separate civil
infraction. Each day such violation shall continue shall
be deemed to constitute a separate civil infraction.
v) After issuing a citation to an alleged violator, a code
enforcement inspector shall keep on file the citation for
a period of eight weeks or at least 30 days after all
appeal times have expired, whichever is later.
vi) A violation of the City Code enforced by the provisions
of this section is a civil infraction punishable by a
maximum civil penalty not to exceed $500 or such
amount as may hereafter be prescribed by law. The
fines to be assessed by code enforcement inspectors
shall be established by this section.
vii) Subject to the procedures below, the alleged violator
has the option of paying the penalty to the City or
requesting an appeal hearing to be heard by the
Special Magistrate authorized to hear civil citation
hearings. Payment of said penalty to the City shall be
made either in person or by mail, postmarked on or
before, 15 days after receipt of the citation. If the
alleged violator elects to pay the applicable penalty set
forth on the citation, that person shall be deemed to
have admitted the infraction and waived the right to a
hearing.
9 Ord. No. 9228-19
viii) If a person fails to pay the penalty within the specified
period or fails to timely request a hearing, that person
shall be deemed to have waived the right to contest the
citation. An order of the Special Magistrate may be
entered against that person for the amount of the civil
citation.
d. Special magistrate; appointment, powers.
i) The City Council may appoint one or more Special
Magistrates who shall have the authority to hold civil
citation appeal hearings, assess fines against violators
of the City Code and otherwise exercise the powers of
a municipal Code Enforcement Board as provided in
F.S. ch. 162, pt. I, as and to the extent provided in this
section.
ii) Special Magistrates shall consist of the following:
(a) One or more attorneys licensed to practice law in
the State of Florida recommended by the City
Attorney's Office and confirmed by City Council.
(b) To the extent permitted by applicable laws, the
City may enter into a contract approved by City
Council for use of a Special Magistrate.
iii) Minutes and records of hearings before a Special
Magistrate shall be kept and maintained by the City in
the manner and to the extent required by law. The City
shall provide necessary and reasonable clerical and
administrative support to enable a Special Magistrate to
perform his or her duties. A Special Magistrate shall not
be authorized to hire or use the services of any person
except those provided by the City to assist him in the
performance of his duties.
e. Appeal of civil citation to special magistrate.
Any petitioner who wants to appeal the violation charged by a civil citation shall
file with the City Clerk's Office a request for hearing on the form required by the code
enforcement officer by 5:00 p.m. on the tenth day following the date of the service of
the civil citation. Such requests may be mailed by the violator if such request is sent
certified mail and post -marked before midnight on the tenth day following the date of
the service of the civil citation.
10 Ord. No. 9228-19
f. Hearing procedures.
i) Hearings may be held at any time after giving the notice
required by this section. All hearings shall be open to
the public.
ii) The code enforcement inspector shall provide the
Special Magistrate with a copy of the civil citation, the
notice provided prior to issuance of the civil citation (if
applicable), any recorded images related to the citation,
and any other case history data prior to a hearing
pursuant to this section.
iii) Notice of hearing shall be provided by certified and first
class mail, to the address provided by the violator in the
request for hearing, at least 20 days before the hearing.
iv) Cases on the agenda for a particular day shall be
heard. All testimony shall be under oath and shall be
recorded. The Special Magistrate shall take testimony
from the code enforcement inspector, the petitioner and
any other person with relevant information to the civil
citation. The Special Magistrate shall review the case
history and any recorded images. The Special
Magistrate shall not be bound by the formal rules of
evidence: however, he or she shall act to ensure
fundamental due process in each case.
v) The hearing may be continued once, prior to the
hearing, at the discretion of the City, if the violator
provides the City with written notice of the request to
continue seven days before the scheduled date of the
hearing. Any violator may cancel his or her hearing by
paying the penalty stated on the civil citation plus
administrative costs established by this section before
the start of the hearing. This information including
where to make payment and the accepted forms of
payment shall be set forth in the notice of hearing.
vi) At the conclusion of each hearing, the Special
Magistrate shall determine whether a violation of the
City Code has occurred, in which case the Special
Magistrate shall uphold or dismiss the citation and
issue a final order. If the citation is upheld, the final
order shall order the violator to pay the penalty stated
on the citation and shall order the violator to pay the
11 Ord. No. 9228-19
administrative charges established by the code
enforcement officer. The order shall be mailed to the
violator along with a notice of the violator's right to
rehearing under the provisions of Section 7-102H(2)(i)
or the right to appeal under the provisions of Section 7-
1 02(H)(2)(i).
vii) If the violator fails to appear at the hearing, the violator
shall be deemed to have waived the right to contest the
citation, and the Special Magistrate will enter an order
upholding the citation and ordering the violator to pay
the penalty stated on the citation plus the administrative
charges.
q. Administrative charges.
In addition to the penalty stated on the citation, administrative charges shall be
assessed against the violator. The code enforcement officer shall establish the
administrative charges, which charges shall at least cover all the costs to administer the
appeal hearing. The cost associated with providing City staff for the hearing shall be
considered part of the administrative charges. The code enforcement officer shall
review the administrative charges every six months and adjust, if necessary, to assure
coverage of all the costs incurred in providing the hearings.
h. Rehearing.
Either the prosecutor or the violator may request a rehearing of the decision of
the Special Magistrate. A request for rehearing shall be made, in writing, and shall be
delivered to the city clerk within ten days of the date that the Special Magistrate mails
the written order. A request for rehearing shall be based only on the ground that the
decision was contrary to the evidence or that the hearing involved an error on a ruling of
law which was fundamental to the decision of the Special Magistrate. The written
request for rehearing shall specify the precise reasons therefor. If such a rehearing
request has been delivered to the city clerk, the Special Magistrate's final order shall
not be deemed rendered as that term is used in Section 7-102(H)(2)(j) as to any
existing party until a signed, written order disposing of the rehearing request has been
mailed to all parties.
i. Appeal.
Anv aggrieved party including the City may appeal a final order of the Special
Magistrate to the circuit court, if allowed, by filing for a petition for writ of certiorari within
30 days of rendition of the Special Magistrate's final order. The date of rendition of the
final order shall be the date the final order is mailed to the aggrieved party. Such an
appeal shall not be a hearing de novo but shall be limited to appellate review of the
record created before the Special Magistrate.
12 Ord. No. 9228-19
j. Collection of unpaid penalty.
The code enforcement officer may establish procedures for the collection of any
unpaid civilpenalty and administrative costs. At the discretion of the code enforcement
officer, the final order of the Special Magistrate for any unpaid fines or fines plus
administrative costs, if applicable, may be recorded in the public records and thereafter
shall constitute a lien against the land on which the violation exists and upon any real or
personal property owned by the violator. Such liens may be foreclosed upon by the City
subiect to the state laws governing such code enforcement liens.
k. Notices.
i) All notices required by this part, other than the initial
violation warning letter, must be provided to the violator
(a) Certified mail to the address listed in the tax
collector's office for tax notices or to the address
listed in the county property appraiser's
database, except the City may provide notice of
a Special Magistrate hearing to any other
address provided to the City by the alleged
violator on the appeal hearing request form by
first class mail.
(b) Hand delivery;
(c) Leaving the notice at the violator's usual place of
residence with any person residing therein who
is above 15 years of age and informing such
persons of the contents of the notice; or
(d) In the case of a violation at a commercial
premises, leaving the notice with the manager or
other person in charge. Each employee of the
business shall be deemed to be an agent of the
business for service of warning notices and
citations during regular business hours.
(e) Additional notice may be completed by posting a
copy of the notice or citation in a conspicuous
place upon the property which is the subject of
the violation. Such posting, together with proof of
mailing in subsection (1) shall be sufficient to
show that the notice requirements were met
13 Ord. No. 9228-19
without regard to whether or not the alleged
violator actually received such notice.
ii) For violations involving vehicles, vessels, or equipment
which have a visible state license or registration, notice
may be provided to the registered owner of the vehicle,
vessel, or equipment by certified mail to the owner's
record address for the license or registration. In
addition to such mailing, the notice may be provided in
accordance with subsection (a) to the property owner
where the vehicle, vessel, or equipment in violation is
located.
I. Schedule of violations and penalties.
The list of violations with their corresponding classifications included in the
Pinellas County Uniform Fine Schedule adopted by the Sixth Judicial Circuit of the
State of Florida in its Administrative Order 2010-063 is hereby incorporated by
reference. A person who receives a civil citation pursuant to this section shall be
subject to a civil penalty in accordance with Section XX, Appendix A. All civil penalties
collected pursuant to this section, less administrative costs, shall be placed in a fund
restricted for nuisance abatement purposes throughout the city, including but not limited
to payment of special magistrate fees, abandoned buildings, unsafe structures,
unsecured properties and structures, and demolition.
Section 5. Section 8-102 of the Clearwater Community Development Code is
hereby amended to read as follows:
Irreparable or irreversible violation means a violation that causes harm, damage,
injury, or change that is incapable of correction, repair, or return to an original condition.
Section 6. Appendix A, Section XX.—Civil Citation Penalties is hereby created
to read as follows:
XX. Civil Citation Penalties (§ 7-102(H)(2)):
14
Ord. No. 9228-19
First Infraction
Second
Third
Fourth
Infraction
Infraction
Infraction and
Each
Subseauent
Infraction
Class I
1291M
411.Q_SI
Mg=
LULU
Class II
0.0
$150
1222.9.2
$4
X500.00
,
Class III
$125.00
$250.00
$375.00
$500.00
Class IV
LLQ.QM
$200.00,
$300.00
$400.00
lass V
00.00
$160.00
LaLIQ
$320.00
14
Ord. No. 9228-19
Section 7. The City of Clearwater does hereby certify that the amendments
contained in this Ordinance are consistent with, and in conformance with, the City's
Comprehensive Plan.
Section 8. 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 9. Notice of the proposed enactment of this Ordinance has been
properly advertised in a newspaper of general circulation in accordance with applicable
law.
Section 10. The provisions of this Ordinance shall take effect immediately
following adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Michael P. Fuino
Assistant City Attorney
JAN 1 7 2019
FEB 0 7 2019
- CtZot t4Ctc t of
George N. Cretekos
Mayor
Attest:
k- a
Rosemarie Call
City Clerk
15 Ord. No. 9228-19