5123-91A
ZJ1
ORDINANCE NO.--5123-21
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO
NUISANCES; AMENDING SECTIONS 95.05, 95.07 AND 95.08, CODE OF
ORDINANCES, RELATING TO THE ENFORCEMENT OF THE LOT CLEARING
ORDINANCE; DELETING AN EXCEPTION FOR INOPERATIVE MOTOR VEHICLES,
BOATS OR TRAILERS KEPT OUTSIDE A GARAGE OR CARPORT ON RESIDENTIAL
PROPERTY FOR NOT MORE THAN THIRTY DAYS; PROVIDING FOR NOTICES OF
VIOLATION AND APPEALS TO THE CODE ENFORCEMENT BOARD; PROVIDING FOR
CORRECTIVE ACTION BY THE CITY, AND AUTHORIZING LIENS UPON PROPERTY
FOR THE COSTS OF CORRECTIVE ACTION BY THE CITY, INCLUDING
ADMINISTRATIVE COSTS, UNDER CERTAIN CIRCUMSTANCES; INCREASING THE
ADMINISTRATIVE COSTS TO BE CHARGED WHEN REMEDIAL ACTION IS NOT TAKEN
BY THE OWNER WITHIN THE TIME ALLOWED FROM $150.00 TO $200.00;
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER,
FLORIDA:
Section 1. Subsection (a) of Section 95.05, Code of Ordinances, is amended
to read:
Sec. 95.05. Exceptions.
(a) Notwithstanding the provisions of section 95.04:
(1) Reserved. , beat or trailer may be leept
m6re than th4rty- (30) days usimess 1(ept . in a gar-age or carport , er f or
(2) An inoperative motor vehicle, boat, trailer or other material which
otherwise would be defined as debris may be kept upon nonresidential property
where the owner or tenant is licensed for the service or storage of such
material.
Section 2. Section 95.07, Code of Ordinances, as amended by Ordinance
5056-90, is further amended to read:
Sec. 95.07. Notice of violation and nearing.
(a) Upon
chapter- and completion of the field investigation by the code enforcement
officer and determination that a violation of this article exists, the property
shall be posted with a notice advising of the existence and nature of the
violation and-requiring requesting compliance within 10 days after the date of
posting or the film of a notice of appeal to the code enforcement board Burin
such 10- d a v De r i o d ono before ate -ee rt-a+i t wh 4 eb-shall be-t- the day before the
posting. A copy
-sha44 be-not les5 than twenty one (21) dayE; after the date Af of the notice shall be sent to the property owner by certified mail= return.
receipt re nested or given to the property owner b personal service on or
before the date of posting9r-- by personal -se
after-the date of peW*g-
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(b) The notice shall re uirerequest that the owner cause the violation
to be remedied within 10 days or file a written notice of a_poeal with the city
clerk re uestin a hearing before the code enforcement board and in the absence
of compliance or the filing of a notice of appeal within the 10-day time period,
the city shall have the right en ei*-before -the-date -speeified-Trthe Retiee -as
the date for cemplianee, op authepize the e4ty to enter the property and have
such work done on behalf of the owner at cost to the owner, including the
administrative costs authorized by section 95.08, which shall become a lien
against the property until paid. In the event a written notice of appeal is
timelv filed with the city clerk. the city clerk shall notif v the owner by
the date and time when the owner, or his agent or representative, shall flay
appear before the code enforcement board to show the board that the condition
described in the notice of violation did not exist at the time the notice was
issued do°H;texist, or to show good cause why the condition should not be
remedied by the city at the expense of the owner. The notice by the city clerk
shall also state that, if the owner fails to appear before the code enforcement
board at the designated time , in person or by
representation, and has failed to take action to remedy the condition before the
date specified by the code enforcement officer for compliance, then the owner
shall be deemed to have authorized the city manager or a city employee designated
by the city manager for such purpose to enter the property and take such action
as is necessary to remedy the condition, without further notice to the owner, at
cost to the owner, includin the administrative costs authorized b section
95.08, which shall become a lien upon the property until paid.
(c) For the purpose of giving notice to the owner, the name and address
of the owner according to the records of the property appraiser of Pinellas
County shall be used. Notice shall be given when personally served upon the
owner, or any owner if more than 'one, or when mailed by certified mail, return
receipt requested -4---Ated 4n the U. S. mail w4th postage . The refusal of
an owner to accept delivery of notice shall not be deemed a failure to give
notice.
Section 3. Section 95.08, Code of Ordinances, is amended to read:
Sec. 95.08. Fearing before the code enforcement board.
The code enforcement board shall provide each property owner receiving
notice of a violation who elects to appeal ppoteft the notice of violation and
who appears on the date and at the time designated for the hearing-'n the no
an opportunity to appear and be heard and to present evidence or testimony. Upon
hearing all testimony and evidence concerning the alleged violation, the board
shall determine whether or not the condition as described in the notice of
violation existed at the time the notice was issued to the owner exists- and, if
it is determined to have existed exist, whether the condition continues to exist
and should be remedied at the expense of the owner, and shall inform the owner
of its decision at the board meeting.
(1) If the board determines that the condition as described in the notice
of violation did not exist at the time the notice was issued to the owner ,+
not ex4sst. or that the condition should not be remedied at the expense of the
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owner, for good cause shown, then the notice of violation to the shall be
deemed of no further effect.
(2) If the board determines that the condition as described in the notice
of violation to the ewnev does exist and should be remedied at the expense of the
owner, the owner shall have ten (10) days from the date of the board's
determination to remedy the condition unless the board specifies a later date.
U on the failure of the owner to remedy such condition within the time allowed,
the city manager or a city employee designated by the city manager for such
purpose shall authorize the entry upon the property and such action as is
necessary to remedy the condition, without further notice to the owner. The city
manager or the city manager's designee may grant the owner an extension of time
not to exceed seven (7) days, upon request, and for good cause shown, in which
to remedy the condition at the owner's expense.
(3) If action to remedy the condition is taken by the city, the actual
costs of such action plus administrative costs in the amount of two hundred erg
+dollars ($200.00 !60.90`) shall be owed by the owner to the city and
shall constitute a lien against the property until paid. If the owner takes
action to remedy the situation after the time allowed herein, including any
extensions if granted, the administrative costs shall be owed by the owner and
shall constitute a lien against the property until paid.
Section 4. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND
FINAL READING AND ADOPTED
Attest:
Cyne is E. Gou eau
Cit Clerk
Approved as to form and correctness:
A . ,,.,•t
M. A. Ga rapt ,
City Attorney
3
September 19, 1991
Mayor-Commissioner
5-423-?l
October 3. 1991